67.39 – Corporation

67.39 – Corporation

(a) For the purpose of obtaining a registry or a recreational endorsement, a corporation meets citizenship requirements if:
    (1) It is incorporated under the laws of the United States or of a State;
    (2) Its chief executive officer, by whatever title, is a citizen;
    (3) Its chairman of the board of directors is a citizen; and
    (4) No more of its directors are non-citizens than a minority of the number necessary to constitute a quorum.
(b) For the purpose of obtaining a fishery endorsement, a corporation meets citizenship requirements if:
    (1) It meets all the requirements of paragraph (a) of this section; and
    (2) At least 75 percent of the stock interest in the corporation, at each tier of the corporation and in the aggregate, is owned by citizens.
(c) For the purpose of obtaining a coastwise or Great Lakes endorsement or both, a corporation meets citizenship requirements if:
    (1) It meets the requirements of paragraph (a) of this section and at least 75 percent of the stock interest in the corporation is owned by citizens; or
    (2) It meets the requirements of § 68.60 or § 68.105 of this chapter.
(d) A corporation which does not meet the stock interest requirement of paragraph (c) of this section may qualify for limited coastwise trading privileges by meeting the requirements of part 68 of this chapter.
[CGD 89–007, CGD 89–007a, 58 FR 60266, Nov. 15, 1993, as amended by CGD 94–008, 59 FR 49847, Sept. 30, 1994; USCG–1999–6095, 65 FR 76576, Dec. 7, 2000; USCG–2001–8825, 69 FR 5401, Feb. 4, 2004; USCG–2005–20258, 71 FR 61417, Oct. 18, 2006]