Verify current version of form part is used (as of the entered into date on page 1 - "October 2019" version if signed after 10/13/2019).
Verify institution has authority to complete form (has trust powers granted).
See below under Links: FDIC and FLOFR websites.
Verify facility and tanks at site have coverage. The following should match the state registration:
Facility identification number (FacID) (for facilities in Florida)
Number of regulated tanks (or list of tank identification numbers)
Confirm "owner or operator" name is same as in Sunbiz.org if not a governmental agency or sole proprietor.
Trust Fund Specific Guidance
The Trustee name must match (including punctuation and abbreviations) the legal entity name. Use of fictitious or trademark names is not appropriate. This can often be verified on the FDIC website.
The Trustee entering into this agreement must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a Federal or State agency.
This can usually be verified on the FDIC website link below - be sure to choose "Trust Powers Granted" in “Common Searches”.
State-chartered companies with trust powers granted in Florida are listed in the FLOFR website link below.
Amendments to the Agreement (such as revised facility lists) must be kept with the Agreement. (See FAQ #18.)
Signatory for the Grantor (owner or operator) should be the president of a corporation, managing member of an LLC, or equivalent for entity type.
If the name of the president (or equivalent) is not found on the Florida Division of Corporations website (Sunbiz.org), or if anyone else signs, additional documentation will be required. See Delegation of Authority Letter for more specific requirements. The signatory's title must match the title as given on the Sunbiz.org web site or other documentation.
Trust Fund Agreement does not specify the funding requirement nor the trust balance; the Annual Aggregate identified on the C.F.R. (Part P) should be the trust balance at the time of completing the C.F.R. which must be completed annually.
What to Do with Completed Forms
An owner or operator must maintain financial responsibility records (copies of the completed form parts with required supporting documentation) at the facility or at their business office.
If not kept at the facility, they shall be made available at the facility or another agreed upon location upon five business days notice by a department or county inspector.
Sunbiz – verify owner/operator’s legal name (including punctuation and abbreviations)
FDIC website – verify most bank names (enter Trustee name, then click on “Common Searches” button and select under “Common Searches” drop down the “Trust Powers Granted” option.)
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