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View Full Version : Could a non us citizen own an faa part 135 company?


piperul
22nd Jul 2015, 23:28
Hello, I would like to inquire if anyone could help me about this question, The company for I work it is considering to buy a Part 135 company (Basic) but they do not have the US citizen status.
I read the FAR 119.33 but beyond that, I would like to know if there is any option (legal) to own these companies at US? International voting trust, Ownership Trusts i.e.?

Thanks in advance!

ra4000
23rd Jul 2015, 12:11
Yes they can.But 51% of the company must be owned from US citizens.

Tinstaafl
23rd Jul 2015, 18:23
You would need a US trust.

Spooky 2
24th Jul 2015, 00:28
Check out the history behind TAG USA.

piperul
3rd Aug 2015, 23:00
Thanks for the replies, and I would like to ask another question related to same company wanting to buy a Part 135 Basic operator if anyone could give me and advice.

A foreign citizen with L1 L2 Intra company Transfer Visa i.e., may act as pilot in the 135 basic certificate, being employee of the foreign company that is investing in USA?

Thanks!

ATPMBA
4th Aug 2015, 13:46
I believe 70% of the voting stock needs to be held by US citizens. In the UK 51% works for them. Again, 70% of voting stock, but say you own 90% of the companies non-voting shares and 30% of the voting shares. If you trust the 70% US owners then that arrangement may work for you.

B Sousa
25th Aug 2015, 18:39
If you have Buckets of money, you can own anything. American Politicians will be on sale soon, election coming.

FoxHunter
26th Aug 2015, 02:39
B Sousa If you have Buckets of money, you can own anything. American Politicians will be on sale soon, election coming.


Sorry, you're a bit late. They have all been bought many years ago.

peekay4
26th Aug 2015, 05:37
A foreign citizen with L1 L2 Intra company Transfer Visa i.e., may act as pilot in the 135 basic certificate, being employee of the foreign company that is investing in USA?
If you mean as a full-time pilot, I believe the basic answer is "no".

Being a pilot employed by the foreign company does not (by itself) qualifies the pilot as having "specialized knowledge" in the context of an L-visa. "Specialized knowledge" here means having "proprietary" knowledge of (secret) company procedures which even other employees will not know.

This definition is almost mutually-exclusive with piloting where appropriate knowledge should be widely disseminated via training, standards, procedures, etc.

The foreign employee could come in as an L-1 manager (or executive), if flying duties is incidental to the job. E.g., as the "Operations Manager". However, the employee should already be a bonafide manager or executive with the foreign company abroad, prior to the transfer (and can provide evidence to that effect).

As always with legal matters its beneficial to consult a qualified attorney.