In previous blogs, I discussed getting into and out of fractional ownership programs and how those programs work. This is the final installment in the fractional program blog series, and now I’ll cover the ancillary agreements that make up most fractional programs’ document package.
The main agreements are the fractional aircraft purchase agreement (or lease, if you choose that option) and the fractional aircraft management services agreement – these two agreements form the core of the document package. Not all fractional providers have the same agreement structure but have combined the necessary terms and conditions into other agreements to make the program work. Other agreements include:
fractional aircraft dry-lease and exchange agreement,
aircraft acceptance form,
limited power of attorney,
warranty bill of sale and assignment, and
acknowledgement of fractional owner’s operational control responsibilities.
Different subsidiaries of the fractional provider parent are the fractional provider party to the diverse agreements to separate their respective duties and obligations.
The fractional aircraft owner’s agreement is the only document that does not include a fractional provider entity. This agreement is solely between the owners of a specific aircraft and sets forth their obligations to each other.
The fractional aircraft dry-lease and exchange agreement is the agreement that makes fractional ownership work. It is essentially a dry lease (meaning no services related to ownership or operation of the aircraft are included) of the program aircraft amongst the various owners. The services needed are provided by the fractional program manager and arranged by the administrator of the dry lease agreement.
The aircraft acceptance form evidences when and where the aircraft share was delivered to the program participant. Normally the date of this document is the date that all of the agreements become effective.
The limited power of attorney grants the program provider the authority to act on the program participant’s behalf with regard to filing requirements with the Federal Aviation Administration (FAA). Some fractional providers even draft it in such a way that they have the ability to transfer the aircraft share back to them or to a third party. You need to check with the provider since some offer other options in lieu of the limited power of attorney.
The corporate resolution goes hand in hand with the limited power of attorney, giving the program participant the authority to provide the program provider the limited power of attorney. As its name states, this is only required when the program participant is a corporate entity.
The warranty bill of sale and assignment is in addition to the FAA bill of sale that is filed with the FAA and passes title and registers same with the FAA. The warranty bill of sale goes further in that it not only confirms the program participant’s ownership of the share but indemnifies the participant in the event title issues arise.
Finally there is the acknowledgement of fractional owner’s operational control responsibilities. This document is required if the program participant elects to have its flights conducted in accordance with Federal Aviation Regulation Part 91 subpart k. Some fractional programs only operate under Part 135, and in that case this document is not required.