LLC info on aircraft registration

Limited Liability Companies

To determine if a Limited Liability Company (L.L.C.) qualifies as a citizen of the United States, its member’s citizenship is measured against the citizenship definitions established by Title 49, U.S.C., 40102(a)(15)(A),(B), & (C), and its management structure is measured against 40102(a)(15)(C), which provide as follows:

“citizen of the United States” means -

(A) an individual who is a citizen of the United States;

(B) a partnership each of whose partners is an individual who is a citizen of the United States; or (C) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.

When submitting documents to register in the name of an L.L.C., one of the following must also be submitted:

(a) A copy of the document evidencing the organization of the L.L.C. (e.g., Certificate of Formation, Articles of Organization, or Operating Agreement). The submitted document must include the name of each of the members and clearly state whether management of the L.L.C. is vested in its members, in a manager, in its officers. The citizenship of each member, manager or officer is also required and may be provided, in either a cover letter or separate statement; OR,

(b) A written representation that states how the L.L.C. qualifies as a citizen of the United States that is signed by and shows the title of a person with this knowledge. A satisfactory statement will include the following information and representations:

The full name of the L.L.C.
The State in which the L.L.C. is lawfully organized.
The date the L.L.C. was legally formed or organized.
The Name of each of the members of the L.L.C. and their type of entity (i.e., individual, corporation, partnership, L.L.C.). NOTE: If a general or limited partnership is involved in the L.L.C. as a member, manager, or officer, the statement should represent whether the partnership is comprised entirely of individuals (natural persons).
Whether the L.L.C. is managed by its members, or by a manager(s) or officer(s). NOTE: Show the title that will be used to sign all documents.
The name of the manager(s) or officer(s), if applicable, and type of entity if other than a natural person.
Whether the members, manager(s), or officer(s) may act independently. NOTE: A non-citizen member or manager may not act independently in a management capacity.
A description as to how each legal entity within the L.L.C. structure supports a determination that the L.L.C. is a citizen of the United States as required by 49 U.S.C. 40102(a)(15). NOTE: If a partnership is involved in the L.L.C., the statement must represent the citizenship of each partner.

If the applicant L.L.C. includes a member or manager that is also an L.L.C., the above documentation must also be provided for the member L.L.C.

If the management of the L.L.C. changes at a later date (e.g., originally managed by the members, but now by a manager), the L.L.C. must provide written notice of the change to the Registry. This may be submitted in the form of a written statement, a copy of minutes of a meeting, an amended operating agreement, etc. The submitted document must explain any changes or additions made and give the effective date of those changes or additions.

Fill out and print the following form and submit it with your registration package.

STATEMENT IN SUPPORT OF REGISTRATION OF U.S. CIVIL AIRCRAFT IN THE NAME OF AN LLC This statement must be made by a person with knowledge of the facts provided.

The complete legal name of the LLC is ________________________________________.

(This is the LLC name shown on the approved State Certificate and must be used on all aircraft registration documents.)

This LLC is lawfully organized in the State of ___________________________________.

This LLC was legally formed or organized on __________________________.(MM/DD/YEAR)

The name, type of entity (e.g., - individual, corporation, partnership, LLC, etc.), citizenship, and ownership of each member of the LLC are:

Name Type of Entity U.S. Citizen* Ownership %

_____________________________ _____________ Yes / No _________

_____________________________ _____________ Yes / No _________

_____________________________ _____________ Yes / No _________

_____________________________ _____________ Yes / No _________

This LLC is managed by (mark one): ____ Member(s); _____ Manager(s); ____ Officer(s); or _______ Other- The LLC is managed by _______________________________________.

NOTE: Titles shown on registration/recordation documents should match how this LLC is managed. NOTE: If a member is an LLC, then a written representation statement must be submitted for each member LLC.

The name, title, type of entity (e.g., - individual, corp., partnership, LLC, etc.), and citizenship of each Manager, Officer, or Other managing official are:

Name Title & Type of Entity U.S. Citizen*

__________________________ ______________ __________ Yes / No

b. ______________________ ______________ __________

Yes / No

c. __________________________ ______________ __________

Yes / No

The managers, members, officers, or other managing authority may act independently: _____ Yes _____ No

STATEMENT IN SUPPORT OF REGISTRATION OF U.S. CIVIL AIRCRAFT IN THE NAME OF AN LLC

(Continued)

The undersigned hereby affirms that they are knowledgeable of the information given and that this LLC is in good standing with its State and meets U.S. citizenship requirements as required by 49 U.S.C. 40102(a)(15)(c) by:

the LLC is organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States,
at least 2/3 of its managers, managing members, or managing officers of this LLC are U.S. citizens, AND
at least 75 percent of the voting interest or units is owned or controlled by United States citizens.

By signing this statement, the undersigned understands that a false or dishonest answer to any statement on this complete representation statement may be grounds for punishment by fine and/or imprisonment in accordance with 18 U.S.C. 1001.

_____________________________ _____________________ ____________

Signature Title Date

________________________________

Typed/Printed Name

* A “citizen of the United States” as defined in 49 U.S.C. 40102(a)(15), means-- (a) an individual who is a citizen of the United States;

(b) a partnership each of whose partners is an individual who is a citizen of the United States;

(c) a corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.