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ORRI Comparative Analysis and Working Interests
DISCLAIMER: We are not financial advisors. The content on this website related to ORRI Comparative Analysis is for educational purposes only. We merely cite our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your own research and seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk and there is no guarantee that you will be successful in making, saving, or investing money; nor is there any guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research!

In the oil and gas industry, investors often encounter different types of interests when evaluating opportunities. Among the most common are Overriding Royalty Interests (ORRI) and Working Interests (WI). While both offer the potential for profits from resource extraction, they differ significantly in terms of financial obligations, risk exposure, and involvement in operations.

Understanding the nuances between ORRI and Working Interests is crucial for making informed decisions in this complex sector. This article provides an in-depth comparative analysis of ORRI and Working Interests, examining their core characteristics, financial implications, risks, and benefits to help potential investors choose the best option for their investment strategy.

Introduction to Overriding Royalty Interests

Overriding Royalty Interest (ORRI) is a non-operating interest in the production of oil, gas, or other minerals. Holders of ORRI receive a percentage of the revenue generated from resource extraction but do not bear any costs associated with drilling, production, or maintenance of the operations.

The key feature of ORRI is that it exists only for the duration of the lease agreement on which it is based. When the lease expires or terminates, the ORRI also ceases to exist. This type of interest is typically for individuals or entities that do not want to be directly in the operational aspects of resource extraction but still want to benefit from the potential revenue stream generated by the production.

ORRI is appealing to many investors because it provides a passive income stream without the financial burden of operational costs or risks associated with the drilling and production process.

Introduction to Working Interests

Working Interests (WI), in contrast, represent a direct ownership interest in the exploration and production of oil, gas, or other minerals. Unlike ORRI holders, Working Interest owners actively participate in the operations and are responsible for a proportional share of the costs associated with the extraction process, including drilling, production, and maintenance.

Working Interest owners have more control over decisions related to the exploration and development of the resource. This higher level of involvement comes with the potential for larger financial rewards but also exposes WI holders to greater financial risks, particularly in the case of unsuccessful wells or unforeseen operational challenges.

Investors who hold Working Interests must be prepared for a hands-on approach, managing both the benefits and risks that come with a direct stake in the production process.

Financial Implications for ORRI Holders

The financial structure of ORRI is relatively straightforward. ORRI holders receive a percentage of the revenue generated from the production of oil, gas, or other minerals. This percentage is typically negotiated as part of the lease agreement between the ORRI holder and the lessee (often a company involved in the extraction of the resources).

The key financial advantage of ORRI is that it allows holders to earn a royalty income without any responsibility for operational costs. Unlike Working Interest owners, who must cover a proportional share of the expenses related to extraction, ORRI holders are insulated from these costs. This includes the significant expenses involved in drilling, maintaining, and operating wells or other extraction equipment.

However, while ORRI holders are shielded from direct costs, their income depends entirely on the production levels and market prices for the extracted resources. If the resource is not successfully extracted, or if market prices decline, ORRI holders may see a reduction in income. Additionally, since ORRI is tied to the duration of the lease, the expiration of the lease can mean the end of the income stream, leaving the holder without further earnings unless they acquire another interest.

Financial Implications for Working Interest Owners

The financial implications for Working Interest owners are more complex. As active participants in the resource extraction process, WI holders are responsible for a share of the costs associated with all phases of the operation, including exploration, drilling, production, and well maintenance. This financial responsibility includes covering costs related to:

  • Drilling and Exploration: Costs associated with locating and drilling wells, which can be substantial if the well is exploratory and unproven.
  • Operating Costs: Ongoing expenses related to maintaining the wells and ensuring that production is sustained at an optimal level.
  • Taxes and Regulatory Fees: WI owners may also be responsible for paying severance taxes, property taxes, and any fees associated with environmental regulations or permits.

In exchange for these financial obligations, Working Interest owners typically receive a larger share of the profits from the production of the resource. WI owners are entitled to a proportional share of the revenue, after operational expenses and other deductions are made.

While the potential financial rewards are greater for WI owners, the risks are also higher. If the operation incurs unexpected expenses, such as equipment failures or environmental remediation costs, WI owners must cover their share of these expenses. Furthermore, if the well is unproductive or market prices drop, WI owners may face a situation where their income does not offset their costs, resulting in a financial loss.

Risk Exposure for ORRI Holders

One of the primary benefits of holding an ORRI is the limited exposure to risk. Since ORRI holders do not bear any of the operational costs or liabilities associated with resource extraction, they are insulated from many of the financial risks that affect Working Interest owners. This includes risks related to:

  • Cost Overruns: ORRI holders are not responsible for cost overruns or increased expenses associated with drilling, production, or environmental compliance.
  • Unproductive Wells: If a well turns out to be unproductive or yields less than expected, ORRI holders still receive a percentage of the revenue from whatever production does occur. However, they are not liable for the costs of the failed well.
  • Environmental and Legal Liabilities: ORRI holders are not responsible for environmental remediation costs or legal liabilities that may arise from the extraction process. These obligations fall on the operators and Working Interest owners.

ORRI holders have protection from these financial and legal risks, they are still exposed to market risks. Fluctuations in commodity prices can directly impact the revenue they receive from their interest. If the price of oil, gas, or other minerals falls, the royalty income for ORRI holders will decrease accordingly.

Risk Exposure for Working Interest Owners – ORRI Comparative Analysis

Working Interest ownership involves a much higher level of risk compared to ORRI. Since WI owners have roles in the operations, they are part of a wide range of financial, operational, and legal risks, including:

  • Operational Risk: WI owners are responsible for their share of the costs associated with drilling and maintaining wells. If the well fails or requires significant repairs, the costs can quickly escalate. WI owners must cover their portion of these expenses, even if the well is unproductive.
  • Environmental Liability: WI owners are potentially liable for any environmental damage that results from the extraction process. This includes the cost of cleaning up spills, remediating land, or complying with government regulations related to environmental protection.
  • Commodity Price Risk: Like ORRI holders, WI owners are also subject to market risks. A decline in the price of oil, gas, or minerals can significantly reduce revenue. However, unlike ORRI holders, WI owners must continue to cover their share of the operational expenses, even if the well is not generating sufficient income to offset costs.
  • Financial Risk: WI owners may also face financial risks related to the financing of their investment. If they take out loans or incur debt to fund their share of the operating costs, they must ensure that the income generated from the well is sufficient to cover these obligations.

Because of the higher level of risk associated with WI ownership, investors need to carefully assess their financial capacity and risk tolerance before committing to this type of interest.

Tax Implications for ORRI Holders

The tax treatment of ORRI income is distinct from that of Working Interests, and understanding these differences is crucial for maximizing tax benefits and ensuring compliance with tax regulations.

ORRI income is generally a passive income and is subject to federal and state taxes as royalty income. However, ORRI holders can take advantage of several tax deductions that help reduce their taxable income, including:

  • Depletion Deductions: ORRI holders may be eligible for depletion deductions, which allow them to recover the cost associated with the depletion of the resource over time. Both cost depletion and percentage depletion methods are available, depending on the specific circumstances of the ORRI.
  • Legal and Professional Fees: Fees related to the management of the ORRI, such as legal services or tax preparation costs, may be deductible as ordinary and necessary business expenses.

Because ORRI holders are not responsible for operational costs, they are not eligible to deduct these expenses. However, the depletion deduction can provide significant tax benefits, particularly for long-term ORRI holders who earn substantial royalty income.

Tax Implications for Working Interest Owners

The tax implications for Working Interest owners are more complex due to their active involvement in the production process. WI owners can take advantage of a broader range of tax deductions, but they are also subject to more stringent tax rules.

Key tax deductions available to WI owners include:

  • Operational Cost Deductions: WI owners can deduct their share of the expenses related to drilling, production, and maintenance of the wells. These deductions can offset the taxable income generated by the resource production.
  • Depreciation and Depletion Deductions: WI owners may also be eligible for depreciation deductions on equipment and infrastructure used in the production process, as well as depletion deductions for the depletion of the mineral resource.
  • Interest Expense Deductions: If WI owners take out loans to finance their share of the operational costs, the interest paid on these loans may be deductible as a business expense.

The combination of operational cost deductions, depreciation, and depletion can result in significant tax savings for WI owners, especially if the production is successful and generates a high level of income. However, the complexity of the tax rules means that WI owners should work closely with tax professionals to ensure they are maximizing their deductions while remaining compliant with tax regulations.

Control and Decision-Making Authority in ORRI Comparative Analysis

One of the key differences between ORRI and Working Interests is the level of control and decision-making authority that the holder has over the resource extraction process. ORRI holders have no direct control over the operations. They do not participate in decisions related to drilling, production, or resource management.

This lack of control can be both an advantage and a disadvantage, depending on the perspective of the investor. On the one hand, ORRI holders are not accountable for the responsibilities and complexities of managing the operations. It is allowing them to earn passive income without the need for active involvement. On the other hand, they have no say in the operational decisions that may impact the success or profitability of the extraction process.

Control and Decision-Making Authority in Working Interest -ORRI Comparative Analysis

Working Interest owners, in contrast, have a direct say in the operations of the resource extraction. Depending on the ownership structure and the terms of the operating agreement, WI owners may have the ability to vote on key decisions related to drilling locations, production schedules, and resource management strategies.

This level of control allows WI owners to influence the direction of the operations and potentially increase the profitability of the well. However, it also comes with greater responsibility and the need for technical knowledge and expertise in the oil and gas industry. WI owners must be ready to make decisions and manage the operational risks with resource extraction.

The choice between Overriding Royalty Interests (ORRI) and Working Interests (WI) depends on an investor’s risk tolerance, financial goals, and desired level of involvement in the resource extraction process. ORRI offers a passive income stream with limited risk and no operational responsibilities, making it an attractive option for investors who want to avoid the complexities of managing a well. However, the potential financial rewards are typically lower than those available to WI owners.

Working Interests on ORRI Comparative Analysis

Working Interests ORRI Comparative Analysis, on the other hand, provides the opportunity for greater financial returns, but they come with higher risks, including operational, environmental, and financial liabilities. WI owners must actively participate in the operations and bear the costs associated with production, making this option suitable for investors who have a higher risk tolerance and a deeper understanding of the industry.

Both ORRI and WI have their unique advantages and disadvantages, and the best choice depends on the specific circumstances of the investor and the investment opportunity. By carefully considering the financial implications, risks, and tax benefits of each type of interest, investors can make informed decisions that align with their long-term financial goals.

Do you have further questions related to ORRI Comparative Analysis? Feel free to reach out to us here. 

Maximize profits as an ORRI holder by understanding key tax deductions like depletion, lease bonuses, legal fees, and more to optimize your tax strategy.
DISCLAIMER: We are not financial advisors. The content on this website related to ORRI Holders Tax Deductions is for educational purposes only. We nerely cite our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your own research.  Also, seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk. There is no guarantee that you will be successful in making, saving, or investing money. There is no guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research!

Overriding royalty interest (ORRI) holders enjoy unique benefits within the oil and gas industry. It includes the potential for significant passive income. However, like any investment, there are tax implications to consider. Understanding the specific tax deductions available to ORRI holders can maximize profitability. Moreover, it will ensure compliance with tax regulations.

This article delves into the various tax deductions specific to ORRI holders. It will help you navigate the complexities of tax obligations and optimize the financial benefits. Do you own an ORRI?

Introduction to Overriding Royalty Interests

Before diving into tax deductions, it’s essential to understand the nature of an overriding royalty interest (ORRI). ORRI is a non-operating interest in the production of oil, gas, or other minerals. Unlike working interest owners, ORRI holders are not responsible for operational costs, such as drilling or production expenses. Instead, ORRI holders receive a percentage of the revenue generated from the production of the mineral resources.

Since ORRI holders don’t bear the direct costs associated with extracting the resources, their income is typically viewed as passive. This distinction between passive income and active business participation plays a significant role in determining the tax obligations and deductions available to ORRI holders.

General Overview of Taxation for ORRI Holders

ORRI income is subject to federal and state taxes, similar to other forms of income. However, because ORRI is considered passive income, the tax treatment differs from active business income. ORRI holders must report their earnings on their tax returns, and they may be eligible for certain deductions that help reduce taxable income.

The Internal Revenue Service (IRS) treats ORRI income as a royalty, meaning that it is taxable under specific provisions. ORRI holders may also qualify for various deductions, depending on the nature of their investments and the structure of their interest. Below, we explore some of the key tax deductions that ORRI holders should be aware of.

Depletion Deductions for ORRI Holders

One of the most significant tax deductions available to ORRI holders is the depletion deduction. Depletion refers to the gradual exhaustion of the mineral resources being extracted from the land, and it allows ORRI holders to recover the cost associated with the depletion of those resources over time.

There are two types of depletion methods available for ORRI holders: cost depletion and percentage depletion.

  • Cost Depletion: This method allows ORRI holders to deduct a portion of their original investment in the property based on the amount of the resource extracted each year. The deduction is calculated by dividing the cost of the investment by the total estimated recoverable reserves and then multiplying that figure by the amount of resource produced during the year.
  • Percentage Depletion: This method allows ORRI holders to deduct a fixed percentage of the gross income from the sale of the mineral resources, regardless of the actual cost of the investment. The IRS sets specific percentage rates for different minerals, and this method can sometimes result in larger deductions than cost depletion, especially if the production levels are high.

While percentage depletion is commonly used by ORRI holders because of its potential for greater tax savings, it’s important to consult with a tax professional to determine which method provides the best benefit for your specific situation.

Deductions for Lease Bonus Payments

Lease bonus payments occur when a property owner grants a company the right to explore and potentially develop the mineral resources on the land in exchange for a lump sum payment. For ORRI holders, lease bonuses can represent a significant source of income.

Fortunately, ORRI holders can typically deduct the income from lease bonus payments over the life of the lease. This allows them to spread out the tax liability rather than being taxed on the full amount in the year the bonus is received. By allocating the bonus payment over the term of the lease, ORRI holders can potentially reduce their taxable income in the early years of the investment and take advantage of tax benefits as they accrue.

The timing and method for deducting lease bonus payments vary depending on the structure of the ORRI agreement, so working with a knowledgeable tax advisor is critical for ensuring compliance with IRS rules.

Legal and Professional Fees Deductions

As an ORRI holder, you may incur various legal and professional fees related to managing your investment, and these expenses are often tax-deductible. These fees might include:

  • Legal Services: If you hire an attorney to help negotiate contracts, draft agreements, or handle disputes related to your ORRI, the legal fees associated with these services may be deductible as ordinary and necessary business expenses.
  • Accounting and Tax Preparation: Many ORRI holders rely on tax professionals to assist with filing their tax returns, calculating deductions, and ensuring compliance with IRS regulations. The costs associated with hiring an accountant or tax advisor for ORRI-related services are typically deductible.
  • Consulting Fees: If you consult with experts, such as geologists or financial advisors, to assess the value of your ORRI or make informed decisions about your investment, the fees paid for these services may also be deductible.

When deducting legal and professional fees, it’s important to keep detailed records of the expenses incurred and ensure that they are directly related to the management of your ORRI investment. Personal legal fees or fees related to non-ORRI matters are generally not deductible.

State and Local Tax Deductions

In addition to federal taxes, ORRI holders may be subject to state and local taxes on their royalty income. Depending on the state in which the ORRI is located, income from mineral production may be subject to severance taxes, property taxes, or other state-specific levies.

Many states allow ORRI holders to deduct state and local taxes from their federal taxable income, helping to reduce their overall tax liability. It’s important to familiarize yourself with the tax laws in the state where your ORRI is located and work with a tax professional to ensure that you are taking advantage of any available deductions for state and local taxes.

Deductions for Operating Expenses

While ORRI holders are not directly responsible for the operational costs associated with the extraction of minerals (such as drilling or production expenses), they may still incur certain operating expenses related to managing their investment. These expenses can include:

  • Management Fees: If you pay a third party to manage your ORRI, such as handling royalty payments, coordinating with operators, or overseeing the administrative aspects of the investment, the management fees may be deductible.
  • Travel Expenses: If you travel to the property where the mineral rights are located for business purposes (such as inspecting the site, meeting with operators, or attending legal proceedings), you may be able to deduct travel-related expenses, including transportation, lodging, and meals.
  • Office and Administrative Costs: Any costs related to maintaining an office for the purpose of managing your ORRI investment, such as office supplies, software, or utilities, may also be deductible.

The IRS typically requires that operating expenses be “ordinary and necessary” for the management of the investment in order to qualify for a deduction. Personal expenses or expenses not directly related to the ORRI are generally not deductible, so it’s important to keep accurate records and receipts to substantiate your claims.

Interest Expense Deductions

Did you financed the purchase of an ORRI or took out a loan to cover other ORRI-related expenses. Then, the interest paid on that loan may be deductible. This deduction is particularly relevant for ORRI holders who use borrowed funds. They are those who invest in mineral rights or other royalty-producing assets.

The deductibility of interest expenses depends on several factors. This include the type of loan and how the funds are used.

Is the loan is used to acquire the ORRI? Then the interest paid may be considered investment interest and may be deductible on your tax return.

However, the IRS imposes certain limitations on investment interest deductions. With that, it’s essential to work with a tax professional. This is to ensure that you are meeting all the necessary requirements and maximizing your tax benefits.

Charitable Contribution Deductions for ORRI Donations

In some cases, ORRI holders may choose to donate their royalty interest to a charitable organization, such as a university, non-profit, or foundation. This type of donation can provide significant tax benefits in the form of charitable contribution deductions.

When donating an ORRI, the value of the donation is typically based on the fair market value of the royalty interest at the time of the donation. The charitable contribution deduction can be claimed on your tax return, helping to reduce your overall taxable income.

There are several considerations to keep in mind when donating an ORRI, such as obtaining a qualified appraisal to determine the value of the interest and ensuring that the charitable organization meets the IRS’s requirements for tax-exempt status. Donating an ORRI can be a powerful tool for reducing your tax liability while supporting a cause that is meaningful to you.

Depreciation Deductions for ORRI-Related Assets

Do you own equipment, buildings, or other tangible assets related to your ORRI investment? You may be able to claim depreciation deductions on those assets. Depreciation allows you to deduct the cost of the asset over its useful life. It is rather than deducting the entire cost in the year of purchase.

Depreciation deductions are particularly relevant for ORRI holders who also own related assets. Examples are pipelines, storage facilities, or transportation equipment. These deductions can help offset the income generated by the ORRI. It will also reduce your overall tax liability.

It’s important to understand the specific depreciation schedules and rules set by the IRS for different types of assets. Also any potential limitations on the amount of depreciation can be claimed each year.

Holding an overriding royalty interest (ORRI) can be a profitable investment. However, it also comes with complex tax considerations. Take advantage of the various tax deductions available to ORRI holders. With that, you can reduce your taxable income and maximize the financial benefits of your investment.

From depletion deductions and lease bonus payment deductions to interest expense and charitable contribution deductions. Understanding the full range of tax benefits can help you optimize your tax strategy. Working with a qualified tax professional who is experienced in the oil and gas industry is essential. This is for navigating the complexities of tax law and ensuring that you are taking full advantage of the available deductions.

By staying informed and proactive, ORRI holders can enhance the profitability of their investment while maintaining compliance with tax regulations.

If you have further questions related to ORRI Holders Tax Deductions, contact us here.

Mitigating legal risks
DISCLAIMER: We are not financial advisors. The content on this website related to mitigating legal risks is for educational purposes only. It merely cites our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your research and seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk and there is no guarantee that you will be successful in making, saving, or investing money; nor is there any guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research!

Overriding royalty interest (ORRI) agreements are a staple in the oil and gas industry, providing a means for landowners or leaseholders to receive a percentage of the production revenue without bearing the cost of production. However, these agreements are fraught with potential legal risks that can jeopardize the financial stability of the involved parties. Mitigating these risks is essential to ensure the smooth execution of the agreements and to safeguard the interests of all stakeholders. This article explores the various legal risks associated with ORRI agreements and provides strategies to mitigate them effectively.

Understanding Overriding Royalty Interest Agreements

Overriding royalty interest agreements are contracts where the owner of the ORRI receives a fraction of the gross production revenue from the oil or gas produced from a lease, without having to contribute to the costs of production. Unlike working interest owners, who are responsible for the operational costs, ORRI owners benefit from the production revenue without bearing the associated financial burdens.

These agreements are typically carved out of the lessee’s working interest and can be transferred independently of the lease. While ORRIs provide a steady income stream, they also come with a unique set of legal challenges that need to be addressed to avoid disputes and financial losses.

Key Legal Risks in Overriding Royalty Interest Agreements

Ambiguities in Contract Terms

One of the most significant risks in ORRI agreements arises from ambiguities in contract terms. Vague or poorly defined terms can lead to misunderstandings and disputes between the parties. For instance, unclear definitions of what constitutes “production” or “gross revenue” can result in disagreements over the calculation of payments.

Regulatory Compliance

The oil and gas industry is heavily regulated, and ORRI agreements must comply with various federal, state, and local regulations. Non-compliance with these regulations can lead to penalties, fines, and even the invalidation of the agreement. It is crucial to stay abreast of the regulatory environment and ensure that all terms of the agreement adhere to the applicable laws.

Transferability Issues

While ORRIs can be transferred independently of the lease, the process of transfer can be fraught with legal challenges. Issues can arise if the transfer is not properly documented or if the new owner does not meet the regulatory requirements. Additionally, disputes can occur if the transfer impacts the interests of other stakeholders.

Production Shortfalls

ORRI owners rely on the continuous production of oil or gas to receive their royalty payments. Production shortfalls, whether due to operational issues, market conditions, or regulatory restrictions, can significantly impact the revenue stream. This risk is heightened by the fact that ORRI owners do not have control over the production operations.

Bankruptcy of the Lessee

The financial stability of the lessee is a critical factor in the viability of ORRI agreements. If the lessee goes bankrupt, the ORRI owner may face significant financial losses. Bankruptcy proceedings can be complex, and the ORRI owner may have to navigate a labyrinth of legal hurdles to protect their interests.

Environmental Liabilities

The oil and gas industry is inherently associated with environmental risks. ORRI agreements can be impacted by environmental liabilities arising from spills, contamination, or other incidents. Even though ORRI owners are not involved in the operational aspects, they can still be dragged into legal battles if the lessee faces environmental litigation.

Strategies for Mitigating Legal Risks in ORRI Agreements

Drafting Clear and Comprehensive Contracts

The foundation of a robust ORRI agreement lies in clear and comprehensive contract drafting. Every term and condition should be meticulously defined to avoid ambiguities. Key aspects such as the calculation of royalty payments, the definition of gross revenue, and the process for dispute resolution should be explicitly stated. Seeking legal counsel during the drafting phase can help ensure that the contract is watertight and compliant with all relevant regulations.

Regular Review and Compliance Checks

Given the dynamic regulatory environment of the oil and gas industry, it is essential to conduct regular reviews and compliance checks of ORRI agreements. This includes staying updated with changes in federal, state, and local laws and ensuring that the agreement is amended as necessary to remain compliant. Regular audits can help identify and rectify potential compliance issues before they escalate into legal disputes.

Proper Documentation of Transfers

To mitigate the risks associated with the transferability of ORRIs, it is crucial to maintain thorough and accurate documentation. The transfer process should be clearly outlined in the agreement, and all parties involved should adhere to it. Ensuring that the new owner meets all regulatory requirements is also essential. Legal assistance can be invaluable in navigating the complexities of ORRI transfers and ensuring that they are legally sound.

Diversifying Revenue Streams

To mitigate the risk of production shortfalls, ORRI owners can consider diversifying their revenue streams. This can include investing in multiple leases or exploring other investment opportunities within the oil and gas industry. Diversification can provide a buffer against the financial impact of production disruptions and help maintain a steady income stream.

Conducting Financial Due Diligence

Before entering into an ORRI agreement, it is essential to conduct thorough financial due diligence on the lessee. This includes evaluating their financial stability, creditworthiness, and operational capabilities. Understanding the lessee’s financial health can help assess the risk of bankruptcy and make informed decisions. Additionally, including provisions in the agreement that address bankruptcy scenarios can provide a layer of protection for the ORRI owner.

Including Environmental Protection Clauses

To address environmental liabilities, ORRI agreements should include specific clauses that outline the responsibilities and liabilities of the lessee in the event of environmental incidents. These clauses should detail the lessee’s obligation to comply with environmental regulations and mitigate any damages. While ORRI owners are generally not liable for operational incidents, having clear environmental protection clauses can help shield them from potential litigation.

Case Studies of Legal Disputes in ORRI Agreements

Dispute over Ambiguous Contract Terms

In one notable case, a dispute arose over the interpretation of the term “production” in an ORRI agreement. The lessee argued that production referred only to the oil and gas sold, while the ORRI owner contended that it included all oil and gas extracted. The court ruled in favor of the ORRI owner, highlighting the importance of clear and unambiguous contract terms. This case underscores the need for precise language in ORRI agreements to prevent similar disputes.

Regulatory Compliance Failure

Another case involved an ORRI agreement that failed to comply with updated state regulations. The state imposed penalties on the lessee, who then sought to pass on the financial burden to the ORRI owner. The ORRI owner successfully argued that the lessee was responsible for regulatory compliance. This case illustrates the critical importance of regular compliance checks and updates to ORRI agreements to align with changing regulations.

Transfer Dispute

In a transfer dispute, the original ORRI owner sold their interest to a new party without properly documenting the transfer. The new owner faced challenges in receiving their royalty payments due to the lack of clear documentation. The dispute was resolved in court, but it highlighted the complexities involved in the transfer of ORRIs and the need for meticulous documentation.

Bankruptcy of the Lessee

A significant case involved the bankruptcy of a lessee, which left the ORRI owner struggling to secure their royalty payments. The ORRI owner had to navigate the bankruptcy proceedings to protect their interests, which proved to be a lengthy and costly process. This case emphasizes the importance of conducting financial due diligence on the lessee and including protective provisions in the ORRI agreement.

Environmental Liability Dispute

In an environmental liability dispute, an ORRI owner was dragged into litigation following an oil spill caused by the lessee. The lessee argued that the ORRI owner should share the liability, but the court ruled in favor of the ORRI owner, stating that they were not involved in the operational aspects. This case highlights the importance of including environmental protection clauses in ORRI agreements to safeguard against such liabilities.

Best Practices for Drafting ORRI Agreements

Engage Legal Experts

Given the complexities and legal nuances of ORRI agreements, engaging legal experts with experience in the oil and gas industry is crucial. Legal professionals can provide valuable insights and ensure that the agreement is comprehensive, clear, and compliant with all relevant regulations.

Define Key Terms Clearly to Mitigating Legal Risks

To avoid disputes arising from ambiguous terms, it is essential to define key terms clearly in the agreement. This includes the definition of production, gross revenue, and any other critical terms that could impact the calculation of royalty payments. Clear definitions can prevent misunderstandings and provide a solid foundation for the agreement.

Include Detailed Compliance Clauses

Including detailed compliance clauses in the ORRI agreement can help mitigate regulatory risks. These clauses should outline the lessee’s responsibilities for adhering to federal, state, and local regulations and the consequences of non-compliance. Regular compliance reviews and updates should also be mandated in the agreement.

Address Transferability

To address the legal challenges associated with the transferability of ORRIs, the agreement should include specific provisions for the transfer process. This includes the documentation, the responsibilities of the parties, and any regulatory requirements. Properly documented transfers can prevent disputes and ensure a smooth transition of ownership.

Diversify Risk

Diversifying risk is a critical strategy for mitigating the financial impact of production shortfalls. ORRI owners should consider investing in multiple leases or other revenue-generating opportunities within the oil and gas industry. Diversification can provide a buffer against production disruptions and help maintain a steady income stream.

Include Bankruptcy Provisions

Given the financial risks associated with the lessee’s bankruptcy, including specific provisions in the ORRI agreement to address bankruptcy scenarios is essential. These provisions should outline the steps in the event of bankruptcy and the rights of the ORRI owner to protect their interests. Conducting thorough financial due diligence on the lessee can also help assess the risk of bankruptcy and make informed decisions.

Incorporate Environmental Protection Clauses While Mitigating Legal Risks

To safeguard against environmental liabilities, the ORRI agreement should include environmental protection clauses that outline the lessee’s responsibilities and liabilities in the event of environmental incidents. These clauses should detail the lessee’s obligation to comply with environmental regulations and mitigate any damages. Clear environmental protection clauses can help shield ORRI owners from potential litigation

Mitigating legal risks in overriding royalty interest agreements is essential for ensuring the financial stability. It brings success to the involved parties. By drafting clear and comprehensive contracts, conducting regular compliance checks, properly documenting transfers, diversifying revenue streams, conducting financial due diligence, and including protective clauses, ORRI owners can effectively mitigate the various legal risks associated with these agreements. Engaging legal experts with experience in the oil and gas industry can provide valuable insights and ensure that the agreements are robust and legally sound. By adopting these best practices, ORRI owners can safeguard their interests and navigate the complexities of the oil and gas industry with confidence.

If you have further questions related to mitigating legal risks, feel free to reach out to us here.

Dive into ORRI vs. mineral rights: ownership, benefits & risks. Learn which investment suits your portfolio and goals. Explore now!
DISCLAIMER: We are not financial advisors. The content on this website is for educational purposes only and merely cites our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your own research and seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk and there is no guarantee that you will be successful in making, saving, or investing money; nor is there any guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research!

When it comes to investing in natural resources, understanding the distinctions between Overriding Royalty Interests (ORRIs) and mineral rights is crucial. While both offer opportunities for passive income from oil, gas, and mineral extraction, they differ significantly in terms of ownership, control, and financial benefits. In this in-depth analysis, we explore the key differences and benefits of ORRIs versus mineral rights, providing valuable insights for investors, landowners, and stakeholders in the energy and mining sectors.

Understanding Overriding Royalty Interests (ORRIs)

An Overriding Royalty Interest (ORRI) represents a contractual right to a share of production revenue from oil, gas, or mineral leases, separate from the ownership of the underlying mineral rights. ORRIs are typically granted to third parties, such as landowners or investors, by the lessee or operator of the property. ORRI holders receive a predetermined percentage of the gross production revenue, often without assuming the associated costs or liabilities of exploration and development activities.

Exploring Mineral Rights

Mineral rights, on the other hand, confer ownership and control over subsurface resources, including oil, gas, coal, metals, and other minerals. Holders of mineral rights have the exclusive authority to explore, extract, and develop these resources from the land or mineral estate they own. Unlike ORRIs, which are contractual interests, mineral rights represent a property interest in the underlying minerals, granting the holder significant control and financial benefits from resource extraction.

Key Differences between ORRI vs. Mineral Rights

Ownership and Control: The primary distinction between ORRIs and mineral rights lies in ownership and control. While mineral rights grant full ownership and control over subsurface resources, ORRIs entail a contractual entitlement to a share of production revenue, without ownership of the underlying minerals.

Financial Benefits: ORRIs provide passive income in the form of royalty payments based on the gross production revenue generated from the leased property. In contrast, holders of mineral rights not only receive royalty payments but also bear the costs and risks associated with exploration, development, and operation of the mineral resources.

Risk Exposure: ORRI holders typically have minimal exposure to operational risks, liabilities, and capital expenditures related to oil, gas, or mineral extraction. Conversely, holders of mineral rights assume the full spectrum of risks associated with resource development, including geological risks, environmental liabilities, and market volatility.

Transferability and Duration: ORRIs are often created through contractual agreements and may have limited transferability or duration, depending on the terms negotiated between the parties. In contrast, mineral rights are real property interests that can be bought, sold, leased, or inherited, with potentially perpetual duration, subject to legal and regulatory restrictions.

Benefits of ORRI vs. Mineral Rights

Passive Income: Both ORRIs and mineral rights offer opportunities for passive income from resource extraction, providing holders with a steady stream of royalty payments based on production volumes and market prices.

Portfolio Diversification: Investing in ORRIs or mineral rights can diversify investment portfolios, offering exposure to the energy and mining sectors, which may perform differently than traditional asset classes such as stocks, bonds, or real estate.

Inflation Hedge: Revenue generated from ORRIs and mineral rights may serve as a hedge against inflation, as commodity prices tend to rise over time, preserving the purchasing power of income streams.

Tax Advantages: Royalty income derived from ORRIs and mineral rights may be subject to favorable tax treatment, including depletion allowances, capital gains treatment, and potential tax deferral strategies.

 

ORRIs and mineral rights represent distinct yet valuable investment opportunities in the natural resources sector. While ORRIs offer passive income without the burdens of ownership and operational risks, mineral rights provide ownership and control over subsurface resources, with the potential for greater financial rewards but also higher levels of risk and responsibility. Understanding the differences and benefits of ORRIs versus mineral rights is essential for investors, landowners, and stakeholders seeking to capitalize on opportunities in oil, gas, and mineral exploration and production. By evaluating their investment objectives, risk tolerance, and financial goals, individuals can determine the most suitable strategy for participating in the dynamic and rewarding world of natural resource investing.

 

If you have further questions related to the ORRI vs. Mineral Rights topic, feel free to reach out to us here.

Explore the world of ORRI investments: learn how they offer passive income in the energy sector. Discover advantages, risks, and strategies for success. Make informed decisions for a diversified portfolio.
DISCLAIMER: We are not financial advisors. The content on this website is for educational purposes only and merely cites our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your own research and seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk and there is no guarantee that you will be successful in making, saving, or investing money; nor is there any guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research! 

Investing in Overriding Royalty Interests (ORRIs) has gained popularity as a way to diversify portfolios and generate passive income within the energy industry. ORRIs grant investors a share of the revenue generated from oil and gas production, without the financial responsibilities associated with drilling and operational costs. However, like any investment, ORRIs come with both risks and rewards. In this comprehensive guide, we will explore the world of ORRI investments, examining how they work, the advantages, potential pitfalls, the different types, strategies for success, and key considerations for potential investors. Understanding these nuances is crucial for making informed decisions when considering ORRI investments.

What Are Overriding Royalty Interests (ORRIs)?

Overriding Royalty Interests, commonly referred to as ORRIs, are a unique form of investment in the oil and gas industry. They provide investors with the right to a portion of the revenue generated from the production and sale of oil and gas. ORRIs are established through contractual agreements between investors and oil and gas operators.

How ORRIs Work

Investing in ORRIs means becoming a silent partner in oil and gas projects. Investors receive a predetermined percentage of the revenue generated from production, often based on the gross production value, which is calculated before operational expenses are deducted.

The specific terms of an ORRI agreement can vary; some may have fixed royalty rates, while others may include escalation clauses allowing for an increase in the royalty percentage as production grows. Understanding the details of the agreement is crucial before investing in ORRIs.

Advantages of ORRI Investments

Investing in ORRIs offers several compelling advantages:

Passive Income: ORRIs provide a source of passive income without requiring active involvement or day-to-day management.

Inflation Hedge: Royalty payments often increase with the production and sale of valuable commodities, making them an effective hedge against inflation.

Diversification: ORRIs offer diversification within a portfolio, as they are less correlated with traditional investments like stocks and bonds.

Limited Liability: Investors in ORRIs typically have no responsibility for operational costs or liabilities associated with drilling and exploration.

Potential Risks and Considerations

While ORRIs can be lucrative, there are important risks and considerations to keep in mind:

Market Volatility: The oil and gas industry can be subject to price fluctuations and market volatility, which can affect the value of royalty payments.

Geopolitical Factors: Global geopolitical events, such as supply disruptions or changes in government regulations, can impact the industry and your investments.

Resource Depletion: As reserves are depleted over time, royalty payments may decrease. Assessing the sustainability of the project is vital.

Contract Terms: The terms of ORRI agreements can vary, and some may be more favorable than others. It’s essential to review the contract carefully and seek legal advice if necessary.

Types of Overriding Royalty Interests

There are various types of ORRIs to consider, including:

Percentage ORRIs: Investors receive a set percentage of production revenue.

Cost-Free ORRIs: Investors are not responsible for operational costs, even if they exceed initial estimates.

Net ORRIs: Royalties are calculated based on net revenue, considering operational expenses.

Working Interest ORRIs: Investors take on a more active role in project management but share in both profits and losses.

The choice of ORRI type depends on your risk tolerance, financial goals, and desired level of involvement in the investment.

Strategies for Successful ORRI Investments

To maximize the potential of ORRI investments, consider the following strategies:

Thorough Research and Due Diligence: Before investing, extensively research the operator, the specific project, and the terms of the ORRI agreement.

Diversify: Spread your investments across various projects and operators to mitigate risk.

Regular Monitoring: Stay informed about market conditions and the performance of your investments to make timely decisions.

Consult Legal and Financial Professionals: Engage legal and financial professionals to ensure you fully understand the contract terms and potential legal implications.

Tax Implications

Understanding the tax implications of ORRIs is essential. Royalty income is generally subject to ordinary income tax rates, and the tax treatment may vary depending on your jurisdiction. Consult a tax advisor to develop a tax-efficient strategy for your ORRI investments.

Real-World Examples of ORRI Investments

To better understand the potential of ORRIs, consider these real-world examples:

Eagle Ford Shale: Investors in this Texas shale formation have earned substantial royalties due to the region’s prolific oil and gas production.

Bakken Formation: North Dakota’s Bakken Formation has been a hotspot for ORRI investments, offering significant returns to investors.

How to Begin Investing in Overriding Royalty Interests

If you’re interested in investing in ORRIs, follow these steps:

  • Education: Learn about the oil and gas industry, royalty interests, and the specific terms of ORRI agreements.
  • Identify Operators and Projects: Research and identify reputable operators and projects with strong potential.
  • Consult Professionals: Seek advice from financial advisors, lawyers, and industry experts to guide your investment decisions.
  • Negotiate Agreements: Engage in negotiations with operators to secure favorable terms and agree on a contract that suits your investment goals.

 

Investing in Overriding Royalty Interests presents a compelling opportunity for diversifying portfolios and generating passive income. However, it’s not without risks, and careful research, due diligence, and professional guidance are essential to make informed investment decisions.

Understanding the workings of ORRIs, assessing the advantages and risks, and implementing effective investment strategies can unlock the potential of this alternative investment option, allowing you to build a diversified and income-generating portfolio. Keep in mind that the oil and gas industry is dynamic, so staying informed and adaptable is key to successful ORRI investments.

 

If you have further questions related to the topic, feel free to reach out to us here.

 

Dive into the world of Overriding Royalty Interests (ORRIs) with our comprehensive guide. Explore the advantages, risks, and key considerations for investors eyeing the lucrative energy wealth, especially in regions like Texas.
DISCLAIMER: We are not financial advisors. The content on this website is for educational purposes only and merely cites our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your own research and seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk and there is no guarantee that you will be successful in making, saving, or investing money; nor is there any guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research!
The world of investments is vast, with opportunities spanning various industries. One lesser-known yet lucrative option for investors is putting money into Overriding Royalty Interests (ORRIs), particularly in regions with a robust history of energy production like Texas. In this comprehensive guide, we’ll delve into the intricacies of investing in ORRIs, exploring what they are, how they work, the potential advantages and risks, and crucial considerations for those eyeing a slice of the energy wealth.

Understanding Overriding Royalty Interests

Before delving into the investment potential, let’s establish a solid understanding of what Overriding Royalty Interests entail. An ORRI is essentially a share of the revenue generated from the extraction and production of minerals, such as oil and natural gas, from a specific piece of land. Unlike traditional royalties, ORRIs “override” the rights of the working interest owner, entitling the holder to a portion of the income generated, irrespective of property ownership.

Typically expressed as a percentage (e.g., 1% or 3%), the ORRI is calculated based on the gross proceeds from the sale of extracted minerals. This interest is often granted to individuals or entities other than the property owner, such as geologists, drilling companies, or industry professionals.

Mechanics of Overriding Royalty Interests

To grasp how ORRIs function, consider a scenario in the oil-rich landscapes of Texas:

  • A landowner leases their land to an oil and gas company for drilling and extraction.
  • The lease agreement outlines terms, including royalty rates shared between the landowner (lessor) and the company (lessee).
  • Suppose the landowner and company settle on a 20% royalty rate, meaning the landowner gets 20% of mineral revenue.
  • Now, assume an investor holds an overriding royalty interest of 3% on this property. This entitles them to 3% of the gross revenue, in addition to the landowner’s 20% royalty.
  • The remaining 77% of the revenue goes to the drilling company as the working interest.

Investors with ORRIs benefit from mineral extraction without dealing with operational costs or day-to-day activities, making it an enticing prospect for those seeking passive income.

Advantages of Overriding Royalty Interests

Investing in ORRIs offers several advantages for individuals looking to diversify their portfolios:

Passive Income Stream: ORRI holders enjoy a steady income stream without actively participating in operations, making it an attractive source of passive income.

Minimal Operational Responsibilities: Investors are not burdened with operational activities, expenses, or risks associated with drilling and production, minimizing involvement and risk exposure.

Potential for Profit: Regions like Texas, with a history of successful oil and gas production, offer potential for significant profits, attracting investors to the energy sector.

Challenges and Risks

While ORRIs present enticing advantages, investors should be aware of potential challenges and risks:

Market Volatility: The oil and gas industry is prone to price volatility, impacting ORRI profitability and income generation due to fluctuating energy prices.

Lease Terms and Royalty Rates: Unfavorable lease terms or royalty rates negotiated between the landowner and drilling company may reduce potential income for ORRI investors.

Environmental and Regulatory Concerns: Compliance with complex and evolving regulatory frameworks at federal, state, and local levels, along with addressing environmental concerns, poses challenges for ORRI owners.

Key Considerations for Investors

For those eyeing ORRIs as an investment opportunity, careful consideration is paramount:

Lease Negotiations: Thoroughly review and negotiate lease agreements to ensure favorable terms, royalty rates, and protection of investor interests. Professional guidance is invaluable in this process.

Legal and Tax Implications: Navigate the complex legal and tax aspects associated with ORRI ownership by seeking professional guidance. Understand the unique implications and potential tax benefits.

Due Diligence: Conduct comprehensive due diligence before investing. Evaluate profitability potential, stability of the drilling company, and environmental and regulatory factors impacting the investment.

ORRIs vs. Working Interests: Distinguish between overriding royalty interests (ORRIs) and working interests (WIs). While ORRIs offer passive income, WIs involve active participation in operations, bearing operational costs and risks.

 

Investing in Overriding Royalty Interests proves to be a compelling option for those seeking a slice of the lucrative energy sector. While it offers passive income and profit potential, investors must navigate market volatility, lease terms, and regulatory complexities. With careful consideration, thorough due diligence, and professional guidance, investors can unlock the wealth potential of ORRIs and contribute to the dynamic landscape of the energy industry.

 

If you have further questions related to the topic, feel free to reach out to us here.

Unlock the potential of Texas oil and gas industry with Overriding Royalty Interests (ORRI). Explore advantages, risks, and key considerations for landowners and investors in this comprehensive guide.
DISCLAIMER: We are not financial advisors. The content on this website is for educational purposes only and merely cites our own personal opinions. In order to make the best financial decision that suits your own needs, you must conduct your own research and seek the advice of a licensed financial advisor if necessary. Know that all investments involve some form of risk and there is no guarantee that you will be successful in making, saving, or investing money; nor is there any guarantee that you won’t experience any loss when investing. Always remember to make smart decisions and do your own research!

Overriding royalty interests (ORRI) are a unique and valuable aspect of the oil and gas industry, particularly in a state like Texas, which has a rich history of energy production. If you’re a landowner, investor, or industry professional involved in the Texas oil and gas sector, understanding overriding royalty interests is essential. In this comprehensive guide, we will explore the world of overriding royalty interests in Texas, shedding light on what they are, how they work, their advantages and disadvantages, and the key considerations for landowners and investors.

Texas has long been synonymous with the oil and gas industry, making it a prime location for investment and ownership in this sector. Overriding royalty interests are a critical aspect of this industry, allowing landowners and investors to participate in the energy wealth of the state. In this guide, we’ll take a deep dive into overriding royalty interests in Texas, exploring their nuances, benefits, risks, and what you need to know to navigate this complex terrain.

Understanding Overriding Royalty Interests

An overriding royalty interest (ORRI) is a share of the revenue that produce from the extraction and production of minerals, such as oil and natural gas, from a specific piece of land. ORRIs are created by a royalty interest that is “overriding” the rights of the working interest owner. In simpler terms, the holder of an ORRI is entitled to a portion of the income generated from the minerals extracted from a property, regardless of whether they own the property itself.

An ORRI is typically expressed as a percentage, such as 1% or 3%, and it is calculated based on the gross proceeds from the sale of extracted minerals. This interest is often granted to someone other than the property owner, such as a geologist, drilling company, or a professional in the industry.

The Mechanics of Overriding Royalty Interests

To understand how overriding royalty interests work, consider the following scenario:

  • A landowner, say in Texas, leases their land to an oil and gas company for drilling and extraction.
  • The lease agreement specifies the terms, including royalty rates, which are typically shared between the landowner (the lessor) and the company (the lessee).
  • Let’s say the landowner and the company agree on a 20% royalty rate, meaning the landowner receives 20% of the revenue from the minerals extracted from their land.
  • Now, suppose a geologist or investor holds an overriding royalty interest of 3% on this property. This ORRI entitles them to 3% of the gross revenue from mineral sales, in addition to the landowner’s 20% royalty.
  • The remaining 77% of the revenue goes to the drilling company as the working interest.

In this way, the holder of the overriding royalty interest benefits from the minerals extracted from the land without being responsible for the operational costs or day-to-day activities involved in drilling and production.

Advantages of Overriding Royalty Interests

Overriding royalty interests offer several advantages for landowners and investors in the Texas oil and gas industry:

Passive Income Stream

Holders of ORRIs receive a steady and often passive income stream. They can enjoy financial benefits without actively participating in the operations, making ORRIs an attractive source of income for many.

Minimal Operational Responsibilities

ORRI owners are not responsible for the operational activities, expenses, or risks associated with drilling and production. This minimizes their operational involvement and risk exposure.

Potential for Profit

Texas has a long history of successful oil and gas production, making it a prime location for ORRI ownership. With the potential for significant profits, investors are under pressure to the state’s energy sector.

Challenges and Risks of Overriding Royalty Interest

While ORRIs offer numerous advantages, they are not without their challenges and risks:

Market Volatility

The oil and gas industry is known for its price volatility. Fluctuations in energy prices can impact the profitability of ORRIs and the income generated for owners.

Lease Terms and Royalty Rates

The terms of the lease agreement and the royalty rates negotiated between the landowner and the drilling company can impact the financial benefits of an ORRI. Unfavorable terms may reduce the potential income.

Environmental and Regulatory Concerns

Oil and gas operations are subject to complex and evolving regulatory frameworks at federal, state, and local levels. Staying compliant with these regulations and addressing environmental concerns is a challenge for ORRI owners.

Key Considerations for Landowners and Investors

For landowners and investors interested in overriding royalty interests in Texas, several key considerations should remain in mind:

Lease Negotiations

Landowners should carefully review and negotiate lease agreements to ensure favorable terms, royalty rates, and protection of their interests. Legal and industry expertise can be invaluable in this process.

Legal and Tax Implications

The legal and tax aspects of ORRI ownership can be complex. Seek professional guidance to understand the unique implications and potential tax benefits associated with ORRIs.

Due Diligence

Before investing in ORRIs, conduct thorough due diligence. Evaluate the potential for profitability, the stability of the drilling company. And the environmental and regulatory factors that may impact the investment.

Overriding Royalty Interests vs. Working Interests

It’s essential to distinguish between overriding royalty interests (ORRIs) and working interests (WIs). While ORRI owners receive a share of the revenue without operational responsibilities, WI owners are actively involved in the drilling and production operations. WI owners also bear a share of the operational costs and risks. Understanding the differences between these interests is critical when considering involvement in the oil and gas industry.

Overriding royalty interests in Texas offer a opportunity for landowners and investors to participate in the state’s oil and gas industry. While they provide a steady income stream and the potential for substantial profits, they are not without their challenges and risks. By carefully considering lease terms, understanding legal and tax implications, and conducting thorough due diligence, landowners and investors can make informed decisions regarding ORRIs in Texas. As a dynamic and ever-evolving industry, the Texas oil and gas sector continues to be a promising source of income and investment opportunities through overriding royalty interests.

 

 

If you have further questions related to the Overriding Royalty Interest topic, feel free to reach out to us here.