Still 91?
12-18-2008, 03:58 AM
#1
New Hire
Thread Starter
Joined APC: Oct 2008
Posts: 7
Still 91?
I am sure I am not the first so I am hoping those who have been down this road before can save me some time and aggravation. So the story goes the owner sold the company, everything but the airplane. So the aircraft is still owned by A, Inc and pilots paid by A, Inc. Everything and everybody else is company B. So, am I making too much of a paperwork name change or is this starting to smell like a 135 operation. I do not know how, since the owners don't even know what they are going to do, company B is going to compensate company A for using the aircraft. What are the smell test requirements for 135. We are still flying the same people around for the same things but now their paycheck is signed by B, Inc not A, Inc. Thanks for the advise.
12-18-2008, 06:25 AM
#2
Flying Farmer
Joined APC: Jul 2006
Position: Turbo-props' and John Deere's
Posts: 3,160
In the end, is everyone coming down from the same source? I know people "shift" ownership of companies, but in the end does the same overall entity own it? It's a fine line, good luck.
12-18-2008, 06:39 AM
#3
On Reserve
Joined APC: Dec 2008
Posts: 12
Corporatecharter Ops?
Dillon,
I take it you are the main man that will be "managing" the aircraft?" I have seen these issues before with my company. Also where customers of our company, want to give us compansation for use of the plane, or for picking them up for a meeting. That's a no-no. The best thing to do is to just call your local FSDO, and get a man on your side. They will spell it out for you and when something else comes up you can say...let me call my man at the FSDO.[IMG]file:///C:/Users/owner/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG]
I take it you are the main man that will be "managing" the aircraft?" I have seen these issues before with my company. Also where customers of our company, want to give us compansation for use of the plane, or for picking them up for a meeting. That's a no-no. The best thing to do is to just call your local FSDO, and get a man on your side. They will spell it out for you and when something else comes up you can say...let me call my man at the FSDO.[IMG]file:///C:/Users/owner/AppData/Local/Temp/msohtmlclip1/01/clip_image001.gif[/IMG]
12-18-2008, 12:20 PM
#4
Gets Weekends Off
Joined APC: May 2007
Posts: 123
How about setting up a dry lease where Company A leases the airplane to Company B for whatever the agreed rate. Now company B is operating the flight, so it is a P 91 operation. Company B supplies the pilots and gets added as a named insured to the policy.
Just make sure that Company B is free to use whatever pilots they want. If Company A sets as a condition that Company B uses Company A pilots, then that is really a wet lease and becomes an illegal operation under part 91.
http://www.omnijet.com/topics/drylease.pdf
Just make sure that Company B is free to use whatever pilots they want. If Company A sets as a condition that Company B uses Company A pilots, then that is really a wet lease and becomes an illegal operation under part 91.
http://www.omnijet.com/topics/drylease.pdf
Last edited by floydbird; 12-18-2008 at 12:30 PM. Reason: added link
12-19-2008, 05:16 AM
#5
New Hire
Thread Starter
Joined APC: Oct 2008
Posts: 7
Wow, I am impressed. In response to each of the 3 replies. The owner of Company A has sold to a separate an existing Company B. Company A owner will remain on board through the transition, but this is his exit strategy for retirement. Company B has its own CEO, etc.
As for the main man, yes and no. I am the only PIC. So as far as finger pointing from the FAA, I am sure that is a Yes.
Dry lease? Possibly. If the pilots were employed by Company B rather than A that might work. Company A dry leases the aircraft to company B. Company B uses pilots of their choice which would be the folks on salary.
Definately going to look into the dry lease some more and make sure the FSDO is on board with whatever we end up doing. Thanks to all.
As for the main man, yes and no. I am the only PIC. So as far as finger pointing from the FAA, I am sure that is a Yes.
Dry lease? Possibly. If the pilots were employed by Company B rather than A that might work. Company A dry leases the aircraft to company B. Company B uses pilots of their choice which would be the folks on salary.
Definately going to look into the dry lease some more and make sure the FSDO is on board with whatever we end up doing. Thanks to all.
