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Owner”.12 This document was signed by S. Siegert on July 15, 1994,
and by J. Clark Atkinson on July 18, 1994. Mercury Solar PTO
minutes, signed by Atkinson on July 18, 1994, and by Sparkman on
July 20, 1994, state: “At a regular meeting of the Board of
Fiduciary Owner(s), it was suggested and unanimously approved”
that Sparkman be appointed “Agent” of Mercury Solar PTO.13 These
minutes state:
The nature of his [Sparkman’s] title will be that of
President, and his responsibilities are to open bank
accounts, act as the official authorized signature [sic]
on said bank accounts and to operate the company to the
same extent as if he were the owner.
According to a document entitled “CERTIFICATE RECORD FOR
MERCURY SOLAR”, the 100 beneficial units that had purportedly been
assigned to HEH on July 15, 1994, were “Released” on July 25,
1994. Also on July 25, 1994, 100 units were “Assigned” to
Sparkman.
Mercury Solar PTO minutes dated April 29, 1998, state that J.
Clark Atkinson appointed Amanda McKeough (Sparkman’s ex-spouse) as
12 J. Clark Atkinson is not otherwise identified in the
record.
13 Inasmuch as J. Clark Atkinson purportedly became
“Fiduciary Owner” on July 18, 1994, and inasmuch as the record
reflects no other “Fiduciary Owner” of Mercury Solar PTO as of
that date, it seems unlikely that Sparkman was suggested as agent
and unanimously approved by the “Board of Fiduciary Owner(s)” on
July 18, 1994.
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