Federal Aviation Administration, DOT

Section 47.9

(d) Partnerships. A partnership may
apply for a Certificate of Aircraft Registration, AC Form 8050-3, under 49
U.S.C. 44102 only if each partner,
whether a general or limited partner, is
an individual who is a citizen of the
United States. Nothing in this section
makes ineligible for registration an
aircraft which is not owned as a partnership asset but is co-owned by - 
(1) Resident aliens; or
(2) One or more resident aliens and
one or more U.S. citizens.

spaschal on DSK3GDR082PROD with CFR

[Amdt. 47-20, 44 FR 61939, Oct. 29, 1979, as
amended by Amdt. 47-27, 70 FR 244, Jan. 3,
2005; Amdt. 47-29, 75 FR 41980, July 20, 2010;
Doc. No. FAA-2015-7396; Amdt. 47-30, 80 FR
78645, Dec. 16, 2015]

Section 47.8 Voting trusts.
(a) If a voting trust is used to qualify
a domestic corporation as a U.S. citizen, the corporate applicant must submit to the Registry - 
(1) A true copy of the fully executed
voting trust agreement, which must
identify each voting interest of the applicant, and which must be binding
upon each voting trustee, the applicant
corporation, all foreign stockholders,
and each other party to the transaction; and
(2) An affidavit executed by each person designated as voting trustee in the
voting trust agreement, in which each
affiant represents - 
(i) That each voting trustee is a citizen of the United States within the
meaning of 49 U.S.C. 40102(a)(15).
(ii) That each voting trustee is not a
past, present, or prospective director,
officer, employee, attorney, or agent of
any other party to the trust agreement;
(iii) That each voting trustee is not a
present or prospective beneficiary,
creditor, debtor, supplier or contractor
of any other party to the trust agreement;
(iv) That each voting trustee is not
aware of any reason, situation, or relationship under which any other party
to the agreement might influence the
exercise of the voting trustee-s totally
independent judgment under the voting
trust agreement.
(b) Each voting trust agreement submitted under paragraph (a)(1) of this
section must provide for the succession

of a voting trustee in the event of
death, disability, resignation, termination of citizenship, or any other
event leading to the replacement of
any voting trustee. Upon succession,
the replacement voting trustee shall
immediately submit to the Registry
the affidavit required by paragraph
(a)(2) of this section.
(c) If the voting trust terminates or
is modified, and the result is less than
75 percent control of the voting interest in the corporation by citizens of the
United States, a loss of citizenship of
the holder of the Certificate of Aircraft
Registration, AC Form 8050-3 occurs,
and Section 47.41(a)(3) of this part applies.
(d) A voting trust agreement may not
empower a trustee to act through a
proxy.
[Amdt. 47-20, 44 FR 61939, Oct. 29, 1979, as
amended by Amdt. 47-27, 70 FR 245, Jan. 3,
2005; Amdt. 47-29, 75 FR 41980, July 20, 2010]

Section 47.9 Corporations not U.S. citizens.
(a) Each corporation applying for
registration of an aircraft under 49
U.S.C. 44102 must submit to the Registry with the Aircraft Registration
Application, AC Form 8050-1 - 
(1) A certified copy of its certificate
of incorporation;
(2) A certification that it is lawfully
qualified to do business in one or more
States;
(3) A certification that the aircraft
will be based and primarily used in the
United States; and
(4) The location where the records required by paragraph (e) of this section
will be maintained.
(b) For the purposes of registration,
an aircraft is based and primarily used
in the United States if the flight hours
accumulated within the United States
amount to at least 60 percent of the
total flight hours of the aircraft during - 
(1) For aircraft registered on or before January 1, 1980, the 6-calendar
month period beginning on January 1,
1980, and each 6-calendar month period
thereafter; and
(2) For aircraft registered after January 1, 1980, the period consisting in the
remainder of the registration month
and the succeeding 6 calendar months
and each 6-calendar month period
thereafter.

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