I recently had the opportunity to review an “LLC Statement in Support of Aircraft Registration” prepared by another attorney. This statement is required when the registered owner of an aircraft is a limited liability company (“LLC”). As you may know, 49 U.S.C. §44102 requires that the owner of a U.S. registered aircraft be a U.S. Citizen. The LLC Statement helps the FAA confirm that the LLC and its members (owners) are all U.S. citizens as defined in 49 U.S.C. § 40102(a)(15).
When the LLC Statement is prepared, it is important to make sure the information provided to the FAA is not only accurate, but also consistent. For example, if the LLC Statement states that the LLC is managed by its members, then the individual signing the form needs to be a member and his or her title on the signature block should include the word “member.” If the individual’s title is listed as “manager” or some other officer (e.g. CEO, CFO etc.) the FAA will not accept the statement and will require either a corrected LLC Statement, organizational documents to show that the individual signing is a member of the LLC, or both.
This type of situation can result in additional administrative time and energy to correct the situation and, ultimately, will delay registration of the aircraft with the FAA. To avoid this delay, it is best to either review the FAA’s guidelines to confirm that the LLC Statement is prepared properly or consult with an aviation attorney familiar with aircraft registration matters. For further information on LLC aircraft registration you can review the FAA’s information sheet on the topic here.