title-14-part-47-sec47-9

871

Federal Aviation Administration, DOT

§ 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

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14 CFR Ch. I (1–1–24 Edition)

§ 47.11

accumulated within the United States
amount to at least 60 percent of the
total flight hours of the aircraft during
the period consisting in the remainder
of the registration month and the suc-
ceeding 6 calendar months and each 6
calendar month period thereafter.

only those flight hours accumulated
during non-stop (except for stops in
emergencies or for purposes of refuel-
ing) flight between two points in the
United States, even if the aircraft is
outside of the United States during
part of the flight, are considered flight
hours accumulated within the United
States.

(d) In determining compliance with

this section, any periods during which
the aircraft is not validly registered in
the United States are disregarded.

(e) The corporation that registers an

aircraft pursuant to 49 U.S.C. 44102
shall maintain, and make available for
inspection by the FAA upon request,
records containing the total flight
hours in the United States of the air-
craft for three calendar years after the
year in which the flight hours were ac-
cumulated.

(f) The corporation that registers an

aircraft pursuant to 49 U.S.C. 44102
shall send to the Registry, at the end
of each period of time described in
paragraphs (b)(1) and (2) of this section,
either—

(1) A signed report containing—
(i) The total time in service of the

airframe as provided in § 91.417(a)(2)(i),
accumulated during that period; and

(ii) The total flight hours in the

United States of the aircraft accumu-
lated during that period; or

(2) A signed statement that the total

flight hours of the aircraft, while reg-
istered in the United States during
that period, have been exclusively
within the United States.

[Amdt. 47–20, 44 FR 61940, Oct. 29, 1979, as
amended by Amdt. 47–24, 54 FR 34330, Aug. 18,
1989; Amdt. 47–27, 70 FR 245, Jan. 3, 2005;
Amdt. 47–29, 75 FR 41979, July 20, 2010; Amdt.
No. 47–34, 87 FR 75711, Dec. 9, 2022; 88 FR 2813,
Jan. 18, 2023]

§ 47.11

Evidence of ownership.

Except as provided in §§ 47.33 and

47.35, each person that submits an Air-
craft Registration Application, AC

Form 8050–1 under this part must also
submit the required evidence of owner-
ship, recordable under §§ 49.13 and 49.17
of this chapter, as follows:

(a) The buyer in possession, the bail-

ee, or the lessee of an aircraft under a
contract of conditional sale must sub-
mit the contract. The assignee under a
contract of conditional sale must sub-
mit both the contract (unless it is al-
ready recorded at the Registry), and
his assignment from the original
buyer, bailee, lessee, or prior assignee.

(b) The repossessor of an aircraft

must submit—

(1) A Certificate of Repossession of

Encumbered Aircraft, FAA Form 8050–
4, or its equivalent, signed by the appli-
cant and stating that the aircraft was
repossessed or otherwise seized under
the security agreement involved and
applicable local law;

(2) The security agreement (unless it

is already recorded at the Registry), or
a copy thereof certified as true under
§ 49.21 of this chapter; and

(3) When repossession was through

foreclosure proceedings resulting in
sale, a bill of sale signed by the sheriff,
auctioneer, or other authorized person
who conducted the sale, and stating
that the sale was made under applica-
ble local law.

cial sale, or at a sale to satisfy a lien
or charge, must submit a bill of sale
signed by the sheriff, auctioneer, or
other authorized person who conducted
the sale, and stating that the sale was
made under applicable local law.

(d) The owner of an aircraft, the title

to which has been in controversy and
has been determined by a court, must
submit a certified copy of the decision
of the court.

(e) The executor or administrator of

the estate of the deceased former
owner of an aircraft must submit a cer-
tified copy of the letters testimentary
or letters of administration appointing
him executor or administrator. The
Certificate of Aircraft Registration, AC
Form 8050–3 is issued to the applicant
as executor or administrator.

(f) The buyer of an aircraft from the

estate of a deceased former owner must
submit both a bill of sale, signed for