Appendix II. Royalty Check List

"The following is an outline or check sheet of some things that might be looked at when considering the concept of a royalty or royalty provisions. It is not intended as a guide to what is right or wrong (that is for the parties to decide). It does not replace the discussions in this work and is not intended to be a complete or exhaustive compilation of matters to be considered. It presumes that you are familiar with the basic concepts of royalties and has been included as an aide memoire only. Use it as such, with caution and common sense, and amend it to suit your needs. Remember also that brevity can result in inaccuracy or imprecision. This is a danger in many points below.The section references are for the sections where the matter is the main subject of the section – see the index for other sections.Royalty TypesNet Proceeds [§§ 5.8.; 11.4.]• No accepted or understood meaning within industry.• Literal meaning, if not defined, would imply “net operating profit”.• Often defined as net profit with revenue base of proceeds from sale of product.• Should not be used without detailed and clear definition. Net Operating Profit [§§ 5.8.; 11.4. – referred to only]• Net profit without recoupment of pre-production expenditures.• Revenue base: usually proceeds from sale of product.• Operating costs deductible.• Some reserves may be permitted.• Recoupment of some post-production capital expenditures may be permitted.• Not often seen as basis for royalties in Canada."