title-14-part-47-sec47-7

870

14 CFR Ch. I (1–1–24 Edition)

§ 47.3

Registration required.

(a) An aircraft may be registered

under 49 U.S.C. 44103 only when the air-
craft is not registered under the laws of
a foreign country and is—

(1) Owned by a citizen of the United

States;

(2) Owned by an individual citizen of

a foreign country lawfully admitted for
permanent residence in the United
States;

(3) Owned by a corporation not a cit-

izen of the United States when the cor-
poration is organized and doing busi-
ness under the laws of the United
States or a State within the United
States, and the aircraft is based and
primarily used in the United States; or

(4) An aircraft of—
(i) The United States Government; or
(ii) A State, the District of Columbia,

a territory or possession of the United
States, or a political subdivision of a
State, territory, or possession.

(b) No person may operate an aircraft

that is eligible for registration under 49
U.S.C. 44101–44104, unless the aircraft—

(1) Has been registered by its owner;
(2) Is carrying aboard the temporary

authorization required by § 47.31(c); or

(3) Is an aircraft of the Armed Forces

of the United States.

named in paragraph (a) of this section
and Puerto Rico.

[Doc. No. 7190, 31 FR 4495, Mar. 17, 1966, as
amended by Amdt. 47–20, 44 FR 61939, Oct. 29,
1979; Amdt. 47–27, 70 FR 244, Jan. 3, 2005;
Amdt. 47–29, 75 FR 41979, July 20, 2010; Doc.
No. FAA–2015–7396; Amdt. 47–30, 80 FR 78645,
Dec. 16, 2015]

§ 47.5

Applicants.

(a) A person who wishes to register

an aircraft in the United States must
submit an Aircraft Registration Appli-
cation, AC Form 8050–1 under this part.

(b) An aircraft may be registered

only by and in the legal name of its
owner.

registration is not evidence of owner-
ship of aircraft in any proceeding in
which ownership by a particular person
is in issue. The FAA does not issue any
certificate of ownership or endorse any
information with respect to ownership
on a Certificate of Aircraft Registra-
tion, AC Form 8050–3. The FAA issues a

Certificate of Aircraft Registration, AC
Form 8050–3 to the person who appears
to be the owner on the basis of the evi-
dence of ownership submitted pursuant
to § 47.11 with the Aircraft Registration
Application, or recorded at the Reg-
istry.

(d) In this part, ‘‘owner’’ includes a

buyer in possession, a bailee, or a les-
see of an aircraft under a contract of
conditional sale, and the assignee of
that person.

[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 41979, July 20, 2010]

§ 47.7

United States citizens and resi-

dent aliens.

(a)

U.S. citizens. An applicant for air-

craft registration under this part who
is a U.S. citizen must certify to this in
the Aircraft Registration Application,
AC Form 8050–1.

(b)

Resident aliens. An applicant for

aircraft registration under 49 U.S.C.
44102 who is a resident alien must fur-
nish a representation of permanent res-
idence and the applicant’s alien reg-
istration number issued by the Depart-
ment of Homeland Security.

(c)

Trustees. An applicant for aircraft

registration under 49 U.S.C. 44102 that
holds legal title to an aircraft in trust
must comply with the following re-
quirements:

(1) Each trustee must be either a U.S.

citizen or a resident alien.

(2) The applicant must submit with

the Aircraft Registration Application—

(i) A copy of each document legally

affecting a relationship under the
trust;

(ii) If each beneficiary under the

trust, including each person whose se-
curity interest in the aircraft is incor-
porated in the trust, is either a U.S.
citizen or a resident alien, an affidavit
by the applicant to that effect; and

(iii) If any beneficiary under the

trust, including any person whose secu-
rity interest in the aircraft is incor-
porated in the trust, is not a U.S. cit-
izen or resident alien, an affidavit from
each trustee stating that the trustee is
not aware of any reason, situation, or
relationship (involving beneficiaries or
other persons who are not U.S. citizens
or resident aliens) as a result of which
those persons together would have

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§ 47.9

more than 25 percent of the aggregate
power to influence or limit the exercise
of the trustee’s authority.

(3) If persons who are neither U.S.

citizens nor resident aliens have the
power to direct or remove a trustee, ei-
ther directly or indirectly through the
control of another person, the trust in-
strument must provide that those per-
sons together may not have more than
25 percent of the aggregate power to di-
rect or remove a trustee. Nothing in
this paragraph prevents those persons
from having more than 25 percent of
the beneficial interest in the trust.

(d)

Partnerships. A partnership may

apply for a Certificate of Aircraft Reg-
istration, 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 part-
nership asset but is co-owned by—

(1) Resident aliens; or
(2) One or more resident aliens and

one or more U.S. citizens.

[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]

§ 47.8

Voting trusts.

(a) If a voting trust is used to qualify

a domestic corporation as a U.S. cit-
izen, the corporate applicant must sub-
mit to the Registry—

(1) A true copy of the fully executed

voting trust agreement, which must
identify each voting interest of the ap-
plicant, and which must be binding
upon each voting trustee, the applicant
corporation, all foreign stockholders,
and each other party to the trans-
action; and

(2) An affidavit executed by each per-

son designated as voting trustee in the
voting trust agreement, in which each
affiant represents—

(i) That each voting trustee is a cit-

izen 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 agree-
ment;

(iii) That each voting trustee is not a

present or prospective beneficiary,
creditor, debtor, supplier or contractor
of any other party to the trust agree-
ment;

(iv) That each voting trustee is not

aware of any reason, situation, or rela-
tionship 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 sub-

mitted under paragraph (a)(1) of this
section must provide for the succession
of a voting trustee in the event of
death, disability, resignation, termi-
nation 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.

is modified, and the result is less than
75 percent control of the voting inter-
est 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 § 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]

§ 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 Reg-
istry 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 re-

quired 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