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FAA Updates Its Procedures for Registration of Aircraft

BY ALM Staff
November 23, 2010

Aircraft title registration in the United States historically has been a voluntary-based compliance system. But relying on aircraft owners to police themselves in maintaining the accuracy of their registration records has also spawned a system with serious flaws. The Federal Aviation Administration (the “FAA”) in Oklahoma City, OK, which maintains the U.S. aircraft registry (the “FAA Registry”), estimated that approximately one-third of the 357,000 registered aircraft records on the FAA Registry are inaccurate and that many aircraft associated with those records are likely ineligible for U.S. registration. See 75 Fed. Reg. at 41969 (July 20, 2010). Here, we discuss a new FAA rule designed to improve the accuracy of aircraft registration records, and its effect on aircraft financiers.

Aircraft Lien Registration

Under the Federal Aviation Act of 1958, 49 U.S.C. ” 44101-4411 (the “FAA Act”), an aircraft owned by a “citizen” of the United States can be registered with the FAA as long as the aircraft is not registered under the laws of a foreign jurisdiction. A “citizen” is defined in 14 CFR pt. 47.2 as: 1) an individual who is a citizen of the United States or one of its possessions; 2) a partnership of which each member is such an individual; or 3) a corporation or association created or organized under the laws of the United States or of any State, Territory, or possession of the United States, of which the president and two-thirds or more of the board of directors and other managing officers thereof are such individuals and in which at least 75% of the voting interest is owned or controlled by persons who are citizens of the United States or of one of its possessions.

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