Current through Register Vol. 56, No. 18, September 16, 2024
(a) In addition
to other records and information required by this section, each casino licensee
shall maintain the following records regarding the equity structure and owners:
1. If a corporation:
i. A certified copy of articles of
incorporation and any amendments thereto;
ii. A copy of by-laws and amendments
thereto;
iii. A current list of
officers and directors;
iv. The
minutes of all meetings of stockholders and directors;
v. A current list of all stockholders and
stockholders of affiliates, including their names and the names of beneficial
owners of shares held in street or other name where any beneficial owner has a
beneficial interest in two percent or more of the outstanding shares of any
class, addresses and the number of shares held by each and the date
acquired;
vi. A complete record of
all transfers of stock;
vii. A
record of amounts paid to the corporation for issuance of stock and other
capital contributions and dates thereof;
viii. A record, by stockholder, of all
dividends distributed by the corporation; and
ix. A record of all salaries, wages, and
other remuneration (including perquisites), direct and indirect, paid during
the calendar or fiscal year, by the corporation, to all officers, directors,
and stockholders with an ownership interest at any time during the calendar or
fiscal year, equal to or greater than five percent of the outstanding capital
stock of any class of stock.
2. If a partnership:
i. A schedule showing the amounts and dates
of capital contributions, the names and addresses of the contributors, and
percentage of interest in net assets, profits, and losses held by
each;
ii. A record of the
withdrawals of partnership funds or assets;
iii. A record of salaries, wages, and other
remuneration (including perquisites), direct and indirect, paid to each partner
during the calendar or fiscal year; and
iv. A copy of the partnership agreement and
certificate of limited partnership, if applicable.
3. If a sole proprietorship:
i. A schedule showing the name and address of
the proprietor and the amount and date of his or her original
investment;
ii. A record of dates
and amounts of subsequent additions to the original investment and withdrawals
therefrom; and
iii. A record of
salaries, wages, and other remuneration (including perquisites), direct or
indirect, paid to the proprietor during the calendar or fiscal year.
4. If a limited liability company:
i. The certificates of formation, amendment,
and cancellation;
ii. The operating
agreement;
iii. A current list of
all members and managers;
iv. A
schedule showing the amounts and dates of contributions by members, the names
and addresses of the contributors, and percentage of interest in net assets,
profits, and losses held by each member and manager;
v. A record of the distributions of limited
liability company funds or assets; and
vi. A record of salaries, wages, and other
remuneration (including perquisites), direct and indirect, paid to each member
and manager during the calendar or fiscal year.
(b) All records regarding ownership shall be
maintained at a location as determined by the casino licensee provided that the
Division is notified of such location where the records are to be stored. The
Division shall be granted prompt and unfettered access to all such records upon
request.
(c) Each casino licensee
or applicant shall, upon request by the Division, provide a list of all record
holders of any or all classes of publicly traded securities issued by any
holding company or by any other affiliated entity which is required to qualify
as a financial source pursuant to subsection 85.1e of the Act (N.J.S.A.
5:12-85.1e).
