Item 4. Controls and Procedures
Item
4. Controls and Procedures .
(a)
Evaluation of disclosure controls and procedures . The Royalty Trust has no employees, and, therefore, does not have a principal
executive officer or principal financial officer. Accordingly, the Trustee is responsible for making the evaluations, assessments and
conclusions required pursuant to this Item 4. The Trustee has evaluated the effectiveness of the Royalty Trust’s “disclosure
controls and procedures” (as defined in Rules 13a-15(e) and 15d-15(e) under the Exchange Act) as of the end of the period covered
by this Form 10-Q. Based on this evaluation, the Trustee has concluded that the Royalty Trust’s disclosure controls and procedures
are effective as of the end of the period covered by this Form 10-Q.
Due
to the nature of the Royalty Trust as a passive entity and in light of the contractual arrangements pursuant to which the Royalty Trust
was created, including the provisions of (i) the amended and restated royalty trust agreement and (ii) the master conveyance, the Royalty
Trust’s disclosure controls and procedures necessarily rely on (A) information provided by FCX or HOGA, including information relating
to results of operations, the costs and revenues attributable to the subject interests and other operating and historical data, plans
for future operating and capital expenditures, reserve information, information relating to projected production, and other information
relating to the status and results of operations of the subject interests and the overriding royalty interests, and (B) conclusions and
reports regarding reserves by the Royalty Trust’s independent reserve engineers.
(b)
Changes in internal control over financial reporting . During the quarter ended September 30, 2023, there has been no change in
the Royalty Trust’s internal control over financial reporting that has materially affected, or is reasonably likely to materially
affect, the Royalty Trust’s internal control over financial reporting. The Trustee notes for purposes of clarification that it
has no authority over, and makes no statement concerning, the internal control over financial reporting of FCX or HOGA.
14
PART
II. OTHER INFORMATION
Item
1. Legal Proceedings .
There
are currently no pending legal proceedings to which the Royalty Trust is a party.
Item
1A. Risk Factors .
Please
refer to Part I, Item 1A. “Risk Factors” in the 2022 Form 10-K. Any of these factors could result in a significant or material
adverse effect on the Royalty Trust’s results of operations or financial condition. There have been no material changes to the
Royalty Trust’s risk factors since the 2022 Form 10-K.
Text extracted from the filing as submitted to EDGAR. Formatting, tables and exhibits are simplified for reading; the original document is authoritative for anything you rely on.