U.S. – Registration of Aircraft

 

 

Aircraft Registration in the United States of America is prescribed under section 501 of the Federal Aviation Act of 1958 (49 U.S.C. 1401), and is published as Part 47 – Aircraft Registration of the Federal Aviation Administration’s Federal Aircraft Regulations (the FAR). Violation of the FAR is a federal offense and punishable by both fine imprisonment. FAR Paragraph 47 subparagraph (b) states that “An aircraft may be registered only by and in the name of its owner”, and FAR Paragraph 47.43 states that an aircraft registration is invalid if, 1.     Subparagraph (2), “The applicant is not the owner.” 2.     Subparagraph (3), “The applicant is not qualified to submit an application under this part.” 3.     Subparagraph (4), “The interest of the applicant was created by a transaction that was not entered into in good faith, but rather was made to avoid (with or without the owner’s knowledge) compliance with section 501 of the Federal Aviation Act of 1958 (49 U.S.C. 1401). United States Law  requires that any aircraft registered with the FAA, which operates outside of the USA for more than 40% of its flying hours during any six calendar month period, be “legally owned” by a “Citizen of the United States” Under the definitions of the law, the below listed entities or individuals qualify to own and operate an aircraft permanently outside of the United States:   1. A “Trust” with one or more Trustees, of which all Trustees must be U.S. Citizens or, 2. A “Corporation” organized under the law of one of the states of the United States, where                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                the “president” is a U.S. Citizen, where “two-thirds or more” of the “board of directors or any other “managing officers” are U.S. Citizens, and where a minimum of “75 percent of the voting interest” is owned or controlled by persons who are U.S. Citizens. 3. A “Limited Liability Company organized under the law of one of the states of the United States, where the “president” is a U.S. Citizen, and where “two-thirds or more of the appointed officers” and the “designated managers” are U.S. Citizens, and where a minimum of “75 percent of the membership voting interest” is owned or controlled by persons who are U.S. Citizens. 4. A “Partnership”, where “each partner is a citizen of the United States” or 5. A “Person” who is an actual U.S. Citizen.   Euram Gesmbh. can help you with the Registration of your aircraft. Contact us for details

                   Checklist

Is your airplane operated  in the U.S                                                   YES             NO   Are you a U.S. citizen                                                                        YES             NO   Is the person the airplane is registered to a U.S. citizen                        YES            NO   Is the company that your airplane is registered to owned or controlled by at least two thirds U.S. citizens                       YES            NO

If your answer to all these questions is NO and your aircraft is registered either to you or any other person that is not a U.S. citizen or a company that is not owned or controlled by at least two thirds U.S. citizens Paragraph paragraph 47.43 applies to the registration of your aircraft and your aircraft registration is INVALID.

 The consequences of an invalid registration are far reaching – Besides operating an aircraft with illegal registration is a crime in itself you are also liable for all consequences that arise from the operation of that aircraft – in other words that your insurance company will not cover you and you are solely liable for all damages done. –  Do you really think it is worth taking this risk ? Let us give you peace of mind and get your airplane registered legally and correctly so that you do not have to worry about the operation of your aircraft.   Call us or return the questionnaire to give us a quote for your registration.

 Posted by at 13:05