|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
·
How do I notify NIMA
of a name change? ·
Can NIMA CORPORATION
shares be sold? ·
Where can I obtain a
Certification of Indian Blood? ·
How do I run for
the Board of Directors? ·
How much are shares
of stock in NIMA worth? ·
Can I sell my shares
of stock in NIMA? ·
Why is ANCSA Stock
restricted? ·
Does NIMA assist with
funeral expenses? ·
Does NIMA
offer medical assistance to its shareholders? ·
What happens if a
shareholder dies without a will designating an heir to ANCSA shares of stock? ·
Does NIMA give
shareholders business or other types of loans? ·
What does NIMA
do for its shareholders besides pay dividends? ·
Can shareholders
attend meetings of the NIMA Board of Directors? ·
What are the requirements
for becoming a director? ·
What are the
powers and duties of the Board of Directors? ·
What kind of
rights do shareholders have? ·
How did "1991
Amendments" to ANCSA improve several protections for Native
corporations? |
|
How do I notify NIMA of a name
change? The NIMA CORPORATION accepts
the following documents: 1. A copy of a legal document stating the change |
|
Can NIMA CORPORATION shares be sold? The ANCSA amendments passed by Congress in 1988 continued
the restrictions on the sale of stock indefinitely unless brought to a
shareholder vote by the board of directors, or by a petition of 25 percent of
the shareholders. Shareholders would have to vote to approve an amendment to
the Articles of Incorporation to remove the restrictions on the sale of
stock. |
|
Where can I obtain a Certification of Indian Blood? To obtain a Certificate of Indian Blood, contact the Bureau of Indian
Affairs at 3601 "C" Street, Suite 1100, Anchorage, Alaska 99503.
Their phone number is (907) 271-3519, or toll free at 1-800-645-8465. |
|
How do I change my address? 1. Calista Corporation change of address form If a shareholder is also a custodian, they must list each of the wards
so an address change may also be made for them. Each shareholder, over the
age of 18, must provide a change of address form in writing with their
written signature consent. For example, a husband and wife must both sign the
change of address form, or must fill one out separately, the parents cannot
sign these documents for the child after the child has turned 18. |
|
How do I run for the Board of Directors? |
|
How
much are shares of stock in NIMA worth? Unlike other American corporations, shares of stock issued pursuant to
the Alaska Native Claims Settlement Act of 1971 (ANCSA) cannot be bought or
sold on the stock market. They cannot be pledged as collateral to obtain a
loan, or subjected to a lien or judgment execution, assigned in present or
future, or treated as an asset under title 11, insolvency or moratorium laws,
or other laws that generally affect creditors’ rights. There is no cash
surrender value for NIMA shares. NIMA has not received patent to all of the
land assets to which it is entitled through ANCSA. The US Bureau of Land
Management has not officially surveyed the land that has been conveyed to
NIMA, and all of NIMA's land has not been appraised. ANCSA lands retain
tax-free status as long as the land remains undeveloped, so NIMA's Board of
Directors and Management carefully plan its development. As land is developed
and NIMA begins earning revenues, the land value is booked as an asset to the
corporation. This does not mean that undeveloped land has no value; that
value just is too difficult to determine at this time. |
|
Can
I sell my shares of stock in NIMA? No; shares of stock issued under ANCSA cannot be traded or sold unless
stock restrictions are lifted by the affirmative vote of two-thirds of the
corporation's outstanding voting shares. |
|
The United States Congress passed the Alaska Native Claims
Settlement Act (ANCSA) on December 18, 1971, officially extinguishing
aboriginal claims on public lands in the State of Alaska and giving birth to
a new breed of business: the Alaska Native corporation. The Act conveyed 44
million acres of land to the Alaska Native people and paid a cash settlement
of nearly $1 billion. The catch? Both the land conveyances and the cash
payments were made to infant profit corporations formed in compliance with
ANCSA to manage its proceeds. There were thirteen regional corporations and a
list of 204 village corporations at the beginning. The Law conveyed acreage
of surface estate to the village corporations, and the subsurface to the
villages' corresponding regional corporations. NIMA was formed pursuant to
ANCSA in 1973. An excellent ANCSA resource site is offered by the Anchorage
law firm, Landye Bennett & Blumstein LLP. Visit it at http:/www.lbblawyers.com/ancsa.htm. |
|
Why
is ANCSA Stock restricted? ANCSA requirements for stock restrictions were implemented
as a means to protect corporate assets, particularly the land itself, and to
ensure that all assets remain under Native control. Once an ANCSA corporation
loses control of the land, it will probably be impossible to get it back. The
land is our ancestral home and our legacy to future generations. |
|
A company makes a profit when it earns money above and
beyond expenses for its operation. All or a portion of profit may be
reinvested back into the company for growth, as a contribution to the
business' future performance. A portion of the profit may be distributed as a
dividend to its shareholders. NIMA's Board of Directors has set a policy on
this ratio to benefit the shareholders in both the short and long terms. The
Board of Directors examines the financial results of NIMA's business at the
meeting following the close of the financial quarter. A dividend may or may
not be declared, depending on NIMA's financial health. Once a dividend is declared,
checks are processed at any time. |
|
Does
NIMA assist with funeral expenses? Yes, please see the shareholder services page for additional
information. |
|
Does
NIMA offer medical assistance to its shareholders? No, NIMA cannot offer medical assistance to its
shareholders. Shareholders who are 1/4 Alaska Native blood can receive health
care through the Indian Health Service. |
|
What
happens if a shareholder dies without a will designating an heir to ANCSA
shares of stock? If there is no existing stock will or
formal will, Alaska State law will determine the disposition of the deceased
shareholder’s stock through intestate succession. The laws of intestate
succession dictate that: ·
If the deceased shareholder was married but had no surviving issue (children,
grandchildren, great grandchildren), the surviving spouse shall receive 100%
of the shares. ·
If the deceased shareholder was married and has surviving issue , the
surviving spouse shall receive 50% of the shares, and the remaining 50% will
be divided equally between the surviving issue. ·
When there is no surviving spouse, the shares of stock are divided equally
between the surviving issue, and if there is no surviving spouse OR issue,
then the stock is equally divided between the surviving parents of the
deceased shareholder. · If there is no surviving
spouse, issue or parents, the stock is divided equally between surviving
siblings. If there are no surviving spouse, issue, parents, or siblings, then
the stock is equally divided between surviving nieces and nephews. |
|
Does
NIMA give shareholders business or other types of loans? |
|
What
does NIMA do for its shareholders besides pay dividends? Aside from paying dividends to its shareholders, NIMA
Corporation benefits shareholders, their descendants and the community as a
whole in many ways. NIMA manages all of the lands conveyed to the
Corporation through ANCSA. The Board of Directors strives to achieve
the highest and best use of NIMA's land through planning, all with an eye
toward the future, and future generations of shareholders. NIMA's land
contains innumerable sites of archaeological importance that NIMA protects
from pot hunters to the full extent of the law. NIMA is also cognizant of
sites that may become endangered by development or the elements, and is may
be involved in the process of systematic excavation resulting in the proper
care and careful study of the artifacts. NIMA also provides scholarships to
NIMA shareholders and their descendants.
|
|
Can
shareholders attend meetings of the NIMA Board of Directors? The law allows shareholders to attend meetings of
corporate boards, but it is at the discretion of the Board. It is general
policy that NIMA's Board of Directors' meetings are closed meetings due to
the confidential nature of some of its proceedings, and this policy is also
consistent with the law. However, NIMA's Board of Directors has never denied
a request for a shareholder to address the Board for a specific purpose. |
|
What
are the requirements for becoming a director? You must be eligible to vote in elections held by NIMA.
That means you must be a shareholder with voting shares, and you must be
eighteen (18) years of age. |
|
What
are the powers and duties of the Board of Directors? The Board of Directors works to meets on a quarterly basis to conduct
business. At each meeting, the financial results of the corporation's
business are analyzed, and the Board reviews material on any number of items
that might require Board approval. It takes a lot of preparation to be
knowledgeable and effective at the meetings, and the directors work very
hard. In addition they must attend work sessions and special meetings.
Following are some duties and behavior expected of each and every director of
NIMA. A.
When a Director has any significant personal interest in any matter coming
before the Board, the Director shall disclose the nature of such interest and
abstain from voting on the issue. B.
Each Director will be held to the highest standards of conduct during the
consideration of the Corporation's business. C.
Each Director will take all necessary and appropriate steps to familiarize
himself/herself with the business affairs of the Corporation. D.
Each Director has a fiduciary commitment - a trust relationship - for the
benefit of the Corporation and its shareholders. E.
Each Director's duty will be to the entire body of shareholders and not to
any one shareholder or group. F.
Each Director must work for the benefit of the Corporation, which shall
prevail over any other interest. G.
Information affecting ongoing negotiations, contracts and other matters
related to the Corporation's business shall not be divulged except as
required to conduct the Corporation's business. H.
Each Director must abide by Federal and State law applicable to the
Corporation and the Director's duty to the Corporation and its shareholders. I.
Each Director must be in compliance with Article VII of By-laws relative to
Confidentiality. J.
The Directors are expected to be in attendance at each meeting, prepared to
conduct the serious business of the Corporation. K.
Directors are expected to attend all Board meetings in their entirety. If a
Director is unable to attend the full Board meeting, he or she must receive
approval of the Chairman prior to the beginning of the meeting. Those
Directors who do not attend the full Board meeting and do not secure the
approval of the Chairman in advance will not receive any fee for attending
the meeting and may be held responsible for the cost of their return ticket
(if any). L. Any statement made by a Director expressing
personal views regarding the Corporation must be clearly identified as an
individual statement of opinion and not necessarily that of the Board. In any
case, extreme care should be taken to protect the integrity of the Board and
the confidentiality of the Corporation's business. |
|
What kind of rights do
shareholders have? The most important right a shareholder in NIMA has is the right
to vote, and the most important voting right is the election of directors. A
full turn-over of the Board of Directors can happen in three short
years.Shareholders have the right to amend the Articles of Incorporation or
the By-laws of the corporation, can impose or remove stock restrictions, and
in extreme situations, can approve or reject a dissolution of the corporation
and the sale of all or substantially all of its assets. Shareholders can also
approve or reject a settlement trust. Shareholders are entitled to receive
dividends determined by the Board of Directors, and to a prorated
distribution of assets should in the extreme event that the corporation is
dissolved. |
|
How
did "1991 Amendments" to ANCSA improve several protections for
Native corporations? In 1988, a group of amendments to ANCSA became law. Popularly known as
the "1991 Amendments," these laws offer some crucial protections
for ANCSA corporations. For instance, undeveloped land cannot be taxed, taken
through adverse possession, creditors, bankruptcy or dissolution. Stock
restrictions remain unless shareholders vote to remove them. ANCSA
corporations may issue stock to shareholders descendants if approved by
shareholders, and can create a settlement trust. Eligibility for welfare and
other entitlements is not affected by ANCSA corporation dividends unless
dividends exceed $2,000 in one year. |
|
Alaska law provides that NIMA Corporation stock is subject to special
probate or estate settlement procedures. NIMA is required to determine the
proper heirs of NIMA stock in accordance with any valid will the shareholder
may have executed that is applicable to the stock, or -- if no such will
exists -- under Alaska laws on intestate succession. A copy of a shareholder's
will, which includes provision for his or her NIMA stock, should be on file
with the NIMA Shareholder Affairs Department. NIMA has a simple will form
available that applies only to NIMA stock. Alternatively, disposition of NIMA
stock can be effected through the provisions of a general will by including
language specifically disposing of the stock. A shareholder may wish to
consult an attorney regarding an appropriate will for individual
circumstances. For a printable Stock Will for NIMA Corporation Shares, click
here. |
|
The Alaska Native Claims Settlement Act (ANCSA) permits ANCSA stock to
be transferred as a gift from a holder to siblings or lineal descendants
(child, grandchild, great-grandchild, niece, nephew), if the holder has
reached the age of majority (18). The recipient of shares transferred by such
a gift must be a Native or a descendant of a Native who is related to the
gift or by blood or adoption and not simply by marriage. For a printable Gifting Form for NIMA Corporation Shares, click
here. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|