Owner Relations

We value our relationship with you, and we are here to answer questions, provide important forms, and connect you to helpful resources—quickly and easily.

Quick Links

Through EnergyLink, you can find your monthly check revenue detail, electronically submit a change of address form and register for direct deposit.

  • Go to www.energylink.com
  • Log into your free EnergyLink.com account
  • Click on “Contact Operator” (Moss Creek Resources) which should bring you to the Electronic Change of Address form.

Please allow 30 days for processing your direct deposit enrollment or change of address once we receive the form.

If you are not currently registered on EnergyLink, you will receive a letter with a temporary login along with your check detail for your check payment. Follow the instructions on the letter to create an account with EnergyLink.

Ownership Transfer

Individual

  • Marriage Certificate
  • Divorce Decree
  • Other Court Document Showing Name Change

Company

  • Certificate of Name Change
  • Certificate of Merger

Owner died with a Will, Probated in the State of Texas where the property is located.

  • Certificate of Death
  • Last Will and Testament (recorded in county where property is located)
  • Order Admitting Will to Probate (recorded in county where property is located)
  • Letters Testamentary
  • Form W-9 for each heir

Owner died with a Will, Probate proceedings will NOT occur.

  • Certificate of Death
  • Last Will and Testament
  • Affidavit of Death & Heirship (recorded in county where property is located)
  • Affidavits must be filled out by a disinterested party and witnessed by a second disinterested party.
  • Form W-9 for each heir

Owner died with a Will, Probated outside of the State of Texas.

  • Certificate of Death
  • Exemplified copy of the Probated Last Will and Testament recorded in county where property is located
  • Order Admitting Will to Probate (recorded in county where property is located)
  • Letters Testamentary
  • Form W-9 for each heir

Owner died without a Will, Estate proceedings are complete

  • Certificate of Death
  • Distribution of Heirship, Final Decree or other court documents evidencing final distribution (recorded in county where property is located)
  • Form W-9 for each heir

Owner died without a Will, Laws of Descent & Distribution will apply of the state where property is located

  • Certificate of Death
  • Affidavit of Death & Heirship (recorded in county where property is located)
  • Affidavits must be filled out by a disinterested party and witnessed by a second disinterested party.
  • Form W-9 for each heir

Life Estate

  • Certificate of Death
  • Instrument creating the life estate (if applicable) (recorded in county where property is located)
  • Form W-9 for each Remainderman

Created

  • Trust Agreement or Certificate of Trust
  • Conveyance Document (must name Trustee) (recorded in county where property is located)
  • Form W-9 for the Trust

Change in Trustee

  • Trust Agreement or Certificate of Trust
  • Certificate of Death of Trustee (if applicable)
  • Court or Other Documentation Showing New Trustee
  • Form W-9 for the Trust, Updated with New Trustee

Terminated

  • Dissolution of Trust
  • Conveyance Document conveying to Beneficiary/Beneficiaries (recorded in county where property is located)
  • Trust Agreement or Certificate of Trust
  • Form W-9 for the Beneficiary/Beneficiaries

Sale

  • Trust Agreement or Certificate of Trust
  • Conveyance Document (recorded in county where property is located)
  • Form W-9
  • Conveyance Document (recorded in county where property is located)
  • Form W-9 For New Owner(s)
  • Conveyance Document (recorded in county where property is located)
  • Divorce Decree
  • Property Settlement
  • Form W-9  Evidencing New Name
  • IRS Notice
  • Release of Levy

FAQs

General Owner Questions

In order for us to correspond with a third party regarding an owner’s account, we need to be provided with a signed letter by the owner (that includes the last four digits of TAX ID) giving us the authorization to discuss their account. If you should have Power of Attorney for an owner, please provide the fully notarized Power of Attorney document.

Check detail is available free of charge by accessing your account at www.energylink.com.

Please email your request to OwnerRelations@SurgeEnergyA.com.

It can take up to five months or longer from the first sale on your well before you receive a check. In the event you are advised of a title dispute or adverse claim affecting your interest, it must be resolved prior to disbursement of revenue.

EnergyLink Questions

If you are not currently registered on EnergyLink, you will receive a letter with a temporary login along with your check detail for your check payment. Follow the instructions on the letter to create an account with EnergyLink.

  • Select the following options:
  • Operator’s Region – United States
  • Document Type – Revenue
  • Operator – Moss Creek Resources LLC
  • Enter your owner number, a check month and the related check amount.

We encourage all owners to sign up for Direct Deposit as it allows for funds to be deposited directly in your account. This process is both fast and secure! You will receive email notifications when payments are made and will NOT have to deal with lost or stolen checks.

Check Questions

Many factors may influence your payment each month, including but not limited to market conditions, suspended payments, adjustments (including overpayments or underpayments), fluctuating commodity prices, regulatory or contractual changes, production volumes, seasonal conditions and routine maintenance or operating issues which may affect the volumes produced from a well during a given time period.

Monthly payments will vary and are based on a variety of factors which include, but are not limited to, market conditions, suspended payments, adjustments (including overpayments or underpayments), fluctuating commodity prices, regulatory or contractual changes, production volumes, seasonal conditions and routine maintenance or operating issues, which may affect the volumes produced from a well during a given time period.

Variances can occur due to special marketing arrangements, unit calculations or other contractual agreements. The value is still proportionally correct.

Occasionally adjustments must be made on revenue previously paid to you. When this occurs, the original payment is reversed, and the new amount is paid. Adjustments are necessary for various reasons such as: originally provided production figures were not correct, (volumes) or pricing from the transporter or gatherer of production required adjusting; production may be allocated incorrectly and must be adjusted; we received updated title information and an adjustment was made to the DOI, or a tax rate may have changed. We make every effort to properly account for the volume and price in accordance with your lease agreement and state statutes. When a correction is necessary, it could reflect negatively or positively on your check.

Oil and Gas proceeds are paid in accordance with Section 91.402 of the Texas Natural Resources Code unless otherwise specified in your contract.

This can occur because ownership between family members is not always equal. In addition, there is the possibility a party has not provided Surge Energy with their Tax ID Number (TIN), Social Security Number, or other required information. In addition, some family members may own an interest in other additional properties. Other factors possibly causing variances in check amounts can be related to stale dated checks, returned checks or money held in suspense.

Paper checks are mailed via United States Postal Service (USPS). Please allow up to 21 days before requesting a check to be voided. To request a void, please mail or email the Request to Void a Check Form (hyperlink to Void Check Form). Once the void has processed, revenue of the voided check will be included in Surge’s monthly check run.

Our Check Run is on the 25th of each month. If pay date falls on weekend or holiday, payment will be remitted on the following business day.

  • Paper checks are mailed via United States Postal Service (USPS). Please allow up to 21 days before requesting a check to be voided.
  • Direct Deposit will be deposited on the 25th or if date falls on weekend or holiday, payment will be remitted on the following business day.

Ownership Questions

Prior to a well being drilled, the operator searches the county records, where the minerals are located, and works with specialized title attorneys to ensure payments are made in accordance with the title standards in the state of Texas. A title requirement is the explanation provided by the title attorney to show why the documents found in the county records are either insufficient or incomplete. The process of gathering the requested documents from the mineral owner, to ensure compliance with the Texas title standards, is sometimes referred to as “clearing title”.

Payments may be suspended until certain conditions are satisfied. Generally, royalty payments may be suspended for several reasons, including but not limited to the following: Missing Tax ID, insufficient address, assignment of interest, a notice of death, lack of documentation/title confirming ownership, or legal/title dispute.

Surge Energy uses the Texas Statutory Division Order located in Section 91.402 of the Texas Natural Resource Code. The division order is used to put each owner on notice of the payment address, well name, ownership decimal, and other items required under in the Texas Natural Resources Code. Unless otherwise specified in your contract, the Texas Natural Resources code requires that a signed division order be on file prior to payment of any proceeds.

A NPRI interest can have an effect on your interest depending on if none/some/all of the NPRI owners have signed ratification. A NPRI is carved out of the mineral fee estate as a free royalty. While the ratification process is ongoing, you may see a fluctuation in your interest that can be a positive or negative impact.

Joint Interest Billing Questions

EnergyLink can be used to obtain your Joint Interest Bills electronically from a free and secure website. You can register with EnergyLink for access at www.energylink.com.

Please email joint.interest@surgeenergya.com In your request, please provide the Partner Number, which appears above the Company Name on the top left corner of the bill, Invoice Number and information on the question.

For owners that have expenses netted from revenue payments, a revenue check will be issued on or about the 25 of the month. This revenue check will show the amount of the deduction for JIB expenses. If you are interested in having your invoice netted against your revenue check, please email a Revenue Netting set up request to OwnerRelations@surgeengya.com.

Please include the Partner Number, located above the Partner Name on the invoice, and the Invoice Number with your payment. If you are submitting payment for a different amount than what was invoiced, please include an explanation or provide a note in EnergyLink to document the reason for the difference.

Payment by Check Moss Creek Resources, LLC c/o Treasury 7850 N. Sam Houston Pkwy West, Suite 300 Houston, TX 77064 Payment by Wire/ACH  – Please email joint.interest@surgeenergya.com

1099 Questions

Surge mails Form 1099 to owners on or prior to January 31st, as required by the IRS. Please allow sufficient time in order to receive your Form 1099.

Surge submits Form 1099 to the IRS on or prior to January 31st as required by the IRS.

Amounts reported on Form 1099 reflect all payments issued to owners during the prior calendar year. Owner information such as name, address and SSN reflect the information Surge had at the time the Forms 1099 were generated. Amounts for checks which are voided and reissued will not be included twice. The amount for reissued checks will be included in the amount for the year in which the original payment was issued.

Royalty owners who were paid at least $10 during the calendar year and working interest owners who were paid at least $600 during the calendar year should receive a Form 1099. The IRS does not require Form 1099 to be issued to foreign, nonprofit or incorporated owners.

Revenue is reported on Form 1099 in the year in which the check was issued, regardless of when the owner actually received the check.

Federal law requires companies to report payments on a Form 1099 in the year the payments are issued. To comply with regulations, Surge will not adjust the amount reported on the Form 1099 for checks that were not cashed/deposited within the year of issue, even if the check was not received by the owner.

If the check is replaced in a subsequent year, the amount of the reissued check will not be included on Form 1099 in that subsequent year. It will remain on Form 1099 in the year of the original issue.

Federal law requires that individuals and partnerships provide a certified Taxpayer Identification Number (TIN) for the owner account. For individual owners, your TIN is your Social Security Number. Other entities should provide Employer Identification Numbers. Failure to return a completed W-9 form to Surge will result in a backup withholding from your check that is not refundable by Surge or our purchaser.

A severance/production tax is a state tax levied against both royalty and working interest owners on their pro rata share of oil and gas production.  State governments set owner severance tax rates and levy the tax when natural resources such as oil and gas are “severed” from the earth.

Ad Valorem taxes on minerals are levied by the County where your minerals are located. This tax is payable only when minerals are produced and are billed and collected by the County once per year.

A levy is a notice issued by a taxing authority (such as the Internal Revenue Service (IRS), Child Support Division, School ISD taxes, etc.) that states that a taxpayer owes overdue taxes or payments. Surge Energy is then instructed by the government agency to garnish the owner’s interest checks and have them directed to the taxing authority or agency until the levy is satisfied and released by the agency.

Until a valid Tax Identification Number or Social Security Number has been provided and is on file from you, the IRS requires withholding of all revenues. Please refer to the IRS website or seek tax advice for the current withholding rates. If Surge does not have your TIN or SSN, please complete and submit a W-9 or W-8 to OwnerRelations@SurgeEnergyA.com (available for download from our Owner Relations website).

  • Surge does not issue refunds for backup withholds. If you notice backup withholdings are on your check in error, please contact Surge Owner Relations within 21 days of the date of the check in order to avoid further withholdings.

Surge does not withhold federal taxes unless backup withholding is required by statute. Please consult with your tax advisor regarding the payment of estimated taxes.

The information on Form 1099 is sourced to Surge records at the time the form was prepared. If ownership or other changes were not communicated to Surge Owner Relations, you might have to make adjustments on your tax return to report accurate information. You should consult with your tax advisor.

Form 1099 shows the gross amount before taxes and any other deductions as required by the IRS. The royalty payments are the net amount after taxes and any other deductions. The net amount as shown on Form 1099 should agree with the total royalty payments received.

Surge is not able to provide any tax advice and encourages all owners to seek proper tax assistance.

Per IRS regulations, Box 7 includes payments received for oil and gas payments if you are a working interest owner.

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