For those of you who are not familiar with ATF Form 5330.20, it is also known as a Certification of Compliance with 18 U.S.C. 922(g)(5)(B).
For those who are still lost, it is a form on which an NFA applicant certifies that they are a United States citizen or a permanent resident alien.
However, a trust doesn’t easily fall into such categories and therefore the question of whether or not a 5330.20 is required for trust applicants has some history.
At one time the ATF said that they were not required and many, many Form 1 and Form 4 applications were approved for trust applicants without a 5330.20.
Then … several examiners began requesting them and I began recommending that all trust applicants submit a 5330.20 in the name of a trustee with their paper applications.
And now … eForms has entered the scene and we are left with the question of whether or not a 5330.20 should be scanned along with the trust instrument when submitting an eForm 4 or an eForm 1.
The answer, according to the September 17, 2013 eForms Bulletin from the ATF is ‘No.’
On page 2 of the bulletin, the ATF tells us that “When the maker or transferee is a legal entity, Form 5330.20 (generally known as the non-immigrant alien certification) is not required.“