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#1
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There are several different issues going on here. One is "control" as in
ownership, and the law as are very clear - documented vessels must be owned by citizens. The stockholders of a holding corporation must be mostly citizens, etc. Jax is also claiming that the operator of the vessel must also be a citizen - in particular he's claiming that if you loan or charter your documented vessel to a non-citizen you at in violation. I found the CPR that specifically permits chartering of recreational vessels, and I've never heard that loaning is forbidden. If it were anyone but jaxie I'd be tempted to call the CG and ask. "Dave" wrote in message ... On 11 Mar 2004 01:46:10 GMT, (JAXAshby) said: sorry, jeffies, people have lost their documentation by letting noncitizens control (meaning no citizen onboard) their documented boats. I'd suggest you take a careful look at the meaning of "control" in this context, bearing in mind that there are specific provisions dealing with owners, officers and directors of a corporation. My suspicion is that "control" is not synonymous with "operate." For example, if a person has the power to elect a majority of a corporation's directors, he's generally said to "control" the corporation, and might also be said to "control" the vessel owned by the corporation, even if he's 1000 miles away from it. Dave S/V Good Fortune CS27 |
#2
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jeffies, you are no more an admiralty lawyer than you are a lingere model.
***people have lost their documentation because a noncitizen was found operating the vessel with no citizen aboard*** There are several different issues going on here. One is "control" as in ownership, and the law as are very clear - documented vessels must be owned by citizens. The stockholders of a holding corporation must be mostly citizens, etc. Jax is also claiming that the operator of the vessel must also be a citizen - in particular he's claiming that if you loan or charter your documented vessel to a non-citizen you at in violation. I found the CPR that specifically permits chartering of recreational vessels, and I've never heard that loaning is forbidden. If it were anyone but jaxie I'd be tempted to call the CG and ask. "Dave" wrote in message ... On 11 Mar 2004 01:46:10 GMT, (JAXAshby) said: sorry, jeffies, people have lost their documentation by letting noncitizens control (meaning no citizen onboard) their documented boats. I'd suggest you take a careful look at the meaning of "control" in this context, bearing in mind that there are specific provisions dealing with owners, officers and directors of a corporation. My suspicion is that "control" is not synonymous with "operate." For example, if a person has the power to elect a majority of a corporation's directors, he's generally said to "control" the corporation, and might also be said to "control" the vessel owned by the corporation, even if he's 1000 miles away from it. Dave S/V Good Fortune CS27 |
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