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אַרְיֵה |
Back in 2007 a friend formed an LLC, bought an airplane through the LLC, FAA registration is through the LLC. He stopped flying and the airplane has been in storage, unused, for several years. The single member LLC, which is still shown on FAA records as the owner of the airplane with current registration, was dissolved in 2019. He has found a buyer for the airplane. The question is, how should the Bill Of Sale be signed, who is the seller, since the registered owner -- the LLCl -- no longer exists? The LLC was formed with the individual's residence address in Florida, but the registration is Federal, not state. הרחפת שלי מלאה בצלופחים | ||
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No More Mr. Nice Guy |
There should be an agent for the LLC registered with the state. At least that was the situation years ago in NM. A corporation listed an agent with the state as part of the corporate registration. The agent would sign the bill of sale and perhaps provide a signed statement that he is the legal representative. At least that is how it worked when I purchased an airplane in around 1988. It was a real chore getting the then-retired agent to simply sign the paperwork. The FAA accepted the paperwork without any question. | |||
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Needs a check up from the neck up |
FLorida LLC statute allows conveyances as part of the winding down of the LLC Statute I suspect the signature would read: FlysRight LLC, a Florida limited liability company BY:_____________ Joe Schmo, Manager If they never designated to be managed by a Manager, then change "manager" in the signature block to "Authorized Member" If there are multiple partners or members, or other LLCs in a layered fashion, then more will be needed. __________________________ The entire reason for the Second Amendment is not for hunting, it’s not for target shooting … it’s there so that you and I can protect our homes and our children and and our families and our lives. And it’s also there as fundamental check on government tyranny. Sen Ted Cruz | |||
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אַרְיֵה |
The single owner of the dissolved LLC, the manager, and the registered agent, are all one and the same person. הרחפת שלי מלאה בצלופחים | |||
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Smarter than the average bear |
I would prepare the Bill of Sale to read as sold by the LLC, and have him sign as Manager or Member, however his position was stated at the time, and as an individual. If he was the only member and the LLC has been dissolved, then he probably owns it outright, but if I were the buyer I’d want him to sign for the LLC also since that’s how it was registered. And there’s no harm in signing for both. I am no longer practicing law and never was licensed in Florida, so there is no representation here. Just my thoughts on how I would do it. | |||
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Little ray of sunshine |
I would hire a lawyer who specializes in aircraft financing, registration, and transfers. It is my understanding that the FAA can be fussy about such things. But a corporate registrations/business organizations lawyer in the relevant state should be able to give some guidance about how to handle a sale by an entity that has forfeited its charter. I'd take the additional step to make sure that will satisfy the FAA. The fish is mute, expressionless. The fish doesn't think because the fish knows everything. | |||
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I know what I like I like what I know |
Re-establish the LLC and then the LLC sells the aircraft signing the Bill of Sale? Best regards, Mark in Michigan | |||
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Member |
Contact AIC Title Services in OKC. AIC Title Place your clothes and weapons where you can find them in the dark. “If in winning a race, you lose the respect of your fellow competitors, then you have won nothing” - Paul Elvstrom "The Great Dane" 1928 - 2016 | |||
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Age Quod Agis |
Hi my friend. Call me. We got this. "I vowed to myself to fight against evil more completely and more wholeheartedly than I ever did before. . . . That’s the only way to pay back part of that vast debt, to live up to and try to fulfill that tremendous obligation." Alfred Hornik, Sunday, December 2, 1945 to his family, on his continuing duty to others for surviving WW II. | |||
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Member |
Consider reinstating the LLC and having your friend convey his interest in the LLC to the buyer rather than title to the airplane itself. | |||
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