46 U.s.c. 50501

46 U.S.C. 50501.pdf

Eligibility of US-flag Vessels of 100 Feet or Greater in Registered Length to Obtain a Fishery Endorsement to the Vessel's Documentation

46 U.S.C. 50501

OMB: 2133-0530

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46 U.S.C. 50501 (2006). Entities deemed citizens of the United States.
(a)
In general. In this subtitle, a corporation, partnership, or association is deemed to
be a citizen of the United States only if the controlling interest is owned by citizens of the
United States. However, if the corporation, partnership, or association is operating a
vessel in the coastwise trade, at least 75 percent of the interest must be owned by citizens
of the United States.
(b)
Additional requirements for corporations. In this subtitle, a corporation is
deemed to be a citizen of the United States only if, in addition to satisfying the
requirements in subsection (a)-(1)

it is incorporated under the laws of the United States or a State;

(2)
its chief executive officer, by whatever title, and the chairman of its board of
directors are citizens of the United States; and
(3)
no more of its directors are noncitizens than a minority of the number necessary to
constitute a quorum.
(c)
Determination of controlling corporate interest. The controlling interest in a
corporation is owned by citizens of the United States under subsection (a) only if-(1)
title to the majority of the stock in the corporation is vested in citizens of the
United States free from any trust or fiduciary obligation in favor of a person not a citizen
of the United States;
(2)
the majority of the voting power in the corporation is vested in citizens of the
United States;
(3)
there is no contract or understanding by which the majority of the voting power in
the corporation may be exercised, directly or indirectly, in behalf of a person not a citizen
of the United States; and
(4)
there is no other means by which control of the corporation is given to or
permitted to be exercised by a person not a citizen of the United States.
(d)
Determination of 75 percent corporate interest. At least 75 percent of the
interest in a corporation is owned by citizens of the United States under the subsection (a)
only
if-(1)
title to at least 75 percent of the stock in the corporation is vested in citizens of the
United States free from any trust or fiduciary obligation in favor of a person not a citizen
of the United States;

(2)
at least 75 percent of the voting power in the corporation is vested in citizens of
the United States;
(3)
there is no contract or understanding by which more than 25 percent of the voting
power in the corporation may be exercised, directly or indirectly, in behalf of a person
not a citizen of the United States; and
(4)
there is no other means by which control of more than 25 percent of any interest
in the corporation is given to or permitted to be exercised by a person not a citizen of the
United States.


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File Title46 U
AuthorMichael.Pucci
File Modified2020-01-21
File Created2008-10-06

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