OilandGasInvest.com
The Portal for Direct Investments in Oil & Gas Properties.
Certain Risks
Direct investments in oil & gas can provide potential returns, cash flow and tax benefits which exceed traditional investments. However before making direct investments in oil & gas wells, investors need to assess and control the risks involved, to the extent possible. The person you are investing with should carefully explain and fully disclose the potential risk factors. However a few items to consider, among other things, are the following:
- Are the wells developmental wells
or exploration wells? - What is the past performance
of the wells in the area? - What do the geological and/or engineering
reports say? - How diversified is the investment?
- What are the bios
of the producer/operators? - How are you going to hold the investment
in the case of working interests? - NASAA's warning against oil and gas investment fraud.
Note: This is not intended to be a complete list of due diligence procedures as each investment is different. There are many details regarding a potential investment which should be addressed, which may include but are not limited to: transportation, sharing arrangements, deal terms, potential liabilities, further development, etc. Investors are responsible for their own due diligence procedures. These procedures do not represent all the procedures and checks you should consider before investing and are intended only as certain suggested considerations you might consider before making an oil and gas investment.
Are the wells developmental wells or exploration wells?
Exploration wells are typically used to describe wells in areas where there are no proven economic oil or gas wells. Certain of these types of wells may be called 'wildcat' wells. Exploration wells involve a high amount of risk as well as potentially high returns. The risk that investors may not find oil and/or gas is 'geological' risk. Most of the wells drilled today are development wells.
Development wells are wells drilled in areas of known reserves. As a result, the risks involved are considerably lower. Typically with developmental wells the risk is not geological (e.g. whether natural gas or oil will be found), but mechanical risks. Mechanical risks are things that may go wrong in the drilling process, like a section of pipe is dropped down the hole which then has to be 'fished' out. However over the past decade or so, with advances in technology, the mechanical risks have dropped considerably. As a result, with most wells drilled being developmental wells and advances in technology, the successful completion rate of wells today has been reported to be significantly higher compared to the successful completion rates from the 80s and early 90s. Note: successful completion doesn’t necessarily mean economically viable.
What is the past performance of the wells in the area?
The performance of other wells in the area is another good indicator of the potential returns. If the other wells in the area are doing well either with your operator or others, then this should provide some level of comfort with the wells being proposed. Most producers will be familiar with how well others wells in the area are performing. As a side note, investors should not forget to take into account the tax benefits which will be derived from the investment. Of course the particular tax aspects vary according to an investors particular tax circumstance and investors should consult with their tax advisors on what these benefits may be.
What does the geological and engineering reports say?
Typically the sponsor will have geological or engineering work done on the prospects. Investors will want to ask for a copy of these reports and gain an understanding of the potential of the reserves of the prospect.
These reports may be difficult to understand for someone who doesn’t have the proper understanding of geology and engineering. As a result, an investor may want to have an advisor who can help interpret the findings.
However approaching the geological and engineering information with a little common sense and research and in context of some of the other cursory inquiries mentioned within, the investor may have enough comfort level with the prospect.
How diversified is the package of wells to be drilled?
With every well there are risks involved, including geological and mechanical. A mechanical problem or some other unforeseen event could delay the well or cost additional funds to drill, which may negatively impact your investment return. As a result, just the like the stock market, you will want to make sure that your investment is reasonably diversified to a level you are comfortable with. The amount of diversification will depend on the risk profile of the wells being proposed (e.g. developmental or exploration) as well as the investors investment objectives and risk tolerance.
Diversification levels may be achieved either by the package of prospects being offered by a sponsor (e.g. the investment is in multiple wells), or by allocation of your targeted funds into several projects.
What are the bios of the producer/operator?
Investors should request the bios of the producer/operator. Bios will provide investors with important background information, including how long they’ve been in the business, which areas they have worked, their success rate, etc.
As a side note, often there are producers or operators who may subcontract out a significant amount of the drilling and geological work. It may also be wise to ask questions about the subcontractors being used and the amount of experience they have in the area.
How are you going to hold the investment in the case of working interests?
Unlike mineral right owners, working interest owners are responsible for the drilling of the well. As a result, if a liability is generated from this activity, then it is entirely possible that working interest owners could be held responsible. For example, one such liability could be environmental problems. If there happens to be an oil spill or contamination, then the cost of the clean up could be the responsibility of the working interest owners – In other words, they could come back to the working interests for the cleanup costs. However to protect investors from losing more than their original investment, they should consider holding the investment in separate legal entity.
Limited Liability Corporations ('LLCs') are one such entity which may protect the investor from additional liabilities over and above their original investment. However when setting up a LLC or another legal entity to hold a working interest, investors should pay close attention to: (a) the setting up and running of the entity and (b) the tax consequences of the legal structure.
Investors should make sure that in setting up a legal entity, that they seek professional legal counsel to make sure that it is set up correctly and that it is operated in way in which provides them the limited liability protection under the law. For example, if an investor commingles funds from the entity with their personal funds, this may eliminate the limited liability aspect of the entity. Setting up a LLC is usually not expensive and can be done within a few days.
Another consideration when setting up a legal entity is the tax impact of the legal entity. Investors will want to ensure that they obtain all the tax benefits available and that these are not jeopardized by the legal structure. Investors are advised to consult with a professional tax accountant who is well versed in this process and knows their particular tax situation.
The NASAA has warned against oil and gas investment fraud and schemes
They provide a list of things to check, questions to ask and items to look for along with good background information. To go to this website click here.
Disclaimer
The existence of this website should not be construed in any direct or indirect manner as a solicitation for securities.
We cannot guarantee the completeness, timeliness or accuracy of the information contained in this web site. Nothing in this web site contains investment advice. Any decisions based upon the information contained in this web site are the sole responsibility of the user.
This site is for informational purposes only and is to be used only as a starting point for potential oil and gas investment considerations. Consult with tax advisor and legal counsel before you make any investment decisions regarding investments in oil and gas, 1031 exchanges or changes to your 401(k) or investments using your 401(k). In making an investment decision, investors must rely on their own examination of a partnership; which include the merits and risks involved, including the management, and any partnership agreements, or other written materials used to represent the investment for consideration of oil and gas direct investments. Oil and gas investments are subject to significant risk and are not suitable for all investors. Investments are generally subject to significant fees and expenses. An investment could result in partial or complete loss of the principal investment. Oil & Gas investments are speculative in nature, and are investments involving a high degree of risk. Persons considering these investments must be accredited, sophisticated, and qualified to make them.