Private aircraft charter has become an increasingly popular form of air travel, filling the need for enhanced levels of security, convenience, confidentiality and comfort.
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Private Air Charter
The use of air charting in the past decade has grown tremendously. Air charter allows individuals, companies, corporations and private groups to charter flights to suit their individual needs. There are quite a variety of options that can be tailored to your individuals needs.
Utilizing an air charter service has proven not only cost effective yet also very convenient. The inconvenience of commercial airlines is eliminated and by offering direct flights to anywhere in the world, air charter has proven to be a highly sought after method of traveling.
The air charter industries offer a variety of aircraft. Depending on the needs of the individuals a small business jet can accommodate up to 10 passengers or a larger business jet accommodating up to 150
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Anita
Aviation terms – Hi Flying aviation.
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Aircraft Automation Management – The demonstrated ability to control and navigate an aircraft by means of the automated systems installed in the aircraft.
Automation Competence – The demonstrated ability to understand and operate the automated systems installed in the aircraft.
Automation Bias – The relative willingness of the pilot to trust and utilize automated systems.
Candidate Evaluation – A system of critical thinking and skill evaluations designed to assess a training candidate’s readiness to begin training at the required level.
Critical Safety Tasks/Event – Those mission-related tasks/events that if not accomplished quickly and accurately may result in damage to the aircraft or loss of life.
Data Link Situational Awareness Systems – Systems that feed real-time information to the cockpit on weather, traffic, terrain and flight planning. This information may be displayed on the PFD, MFD or on other related cockpit displays.
Large Aircraft – Aircraft weighing more than 12,500 pounds maximum certificated takeoff weight.
Light Aircraft – Aircraft of 12,500 pounds or less maximum certificated takeoff weight.
Mission Related Tasks – Those tasks required for the safe and effective accomplishment of the mission(s) that the aircraft is capable of and required to conduct.
Multi-Function Display (MFD) – Any display that combines primarily navigation, systems and situational awareness information onto a single electronic display.
Primary Flight Display (PFD) –Any display that combines the primary six flight instruments plus other related performance, navigation and situational awareness information into a single electronic display.
Operating Cycle – One complete flight consisting of takeoff, climb, cruise, descent, approach and landing.
Proficiency Based Qualification – Aviation task qualification based on demonstrated performance rather than flight time or experience.
Scenario Based Training (SBT) – A training system that uses a highly structured script of real-world experiences to address flight training objectives in an operational environment. Such training can include initial training, transition training, upgrade training, recurrent training and special training. The appropriate term should appear with the term “Scenario Based” – e.g., “Scenario Based Transition Training” – to reflect the specific application.
Single Pilot Resource Management (SRM) – The process of managing resources available to the single pilot. These would include the pilot’s resource of preflight planning, personal knowledge, materials and personnel onboard the aircraft, and additional resources beyond the cockpit.
Technically Advanced Aircraft (TAA) – A general aviation aircraft that combines some or all of the following design features: advanced cockpit automation system (moving map GPS/glass cockpit) for IFR/VFR flight operations, automated engine and systems management, and integrated auto flight/autopilot systems.
Very Light Jet – Jet aircraft weighing 10,000 pounds or less maximum certificated takeoff weight and certificated for single pilot operations. These aircraft will possess at least some of the following features: (1) advanced cockpit automation, such as moving map GPS and multi-function displays; (2) automated engine and systems management; and (3) integrated autoflight, autopilot and flight-guidance systems.
Shama
Aviation acronyms- Hi Flying aviation.
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ACARS Aircraft Communications Addressing and Reporting System
ADS-B Automatic Dependent Surveillance – Broadcast
AFIS (1) Airborne Flight Information System
(2) Automatic Flight Information System
ALAR Approach and Landing Accident Reduction
ATC Air Traffic Control
CAT Clear Air Turbulence
CFIT Controlled Flight Into Terrain
CRM Crew Resource Management
CTAF Common Traffic Advisory Frequency
EFIS Electronic Flight Instrument System
EGPWS Enhanced Ground Proximity Warning System
FBO Fixed Base Operator
FGS Flight Guidance System
FIS Flight Information System
FITS FAA/Industry Training Standards
FMA Flight Mode Annunciator
FMS Flight Management System
GPS Global Positioning System
IOE Initial Operating Experience
IRS Inertial Reference System
LAHSO Land and Hold Short
LOFT Line Oriented Flight Training
MSL Mean Sea Level
PTS Practical Test Standards
Radar Radio Detecting and Ranging
SBT (1) Scenario Based Training
(2) Simulator Based Training
SOP Standard Operating Procedure
SRM Single Pilot Resource Management
TCAS Traffic Collision Avoidance System
VLJ Very Light Jet
VOR Very High Frequency Omnidirectional
Radio Range
Usha
On a cost basis alone, is there an overriding factor to consider when deciding between fractional and whole aircraft ownership?
Yes, as measured by utilization. At certain utilization rates, the economics of aircraft use will favor certain aircraft resourcing options. Commonly based on flight hours, or nautical miles, as utilization increases, fixed cost per unit decreases. The result is a “spreading” of the fixed cost over more flights and reducing the cost that must be assigned to a given flight.
On the other hand, as flight hours increase, the direct operating cost on a per-unit basis remains relatively constant. The result is that although the total direct operating cost and total cost are increasing, the total fixed cost, up to a given level of activity, is remaining constant. At the end of the period, fewer fixed costs are assigned to a given flight, resulting in a more competitive comparison to other transportation options.
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Nitin.
Is there a rule of thumb regarding annual utilization amounts?
Under 25 hours – Charter
25 to 75 hours – Try to negotiate buying charter in bulk
75 to 250 hours – Some form of shared ownership (i.e., joint ownership, co-ownership, or fractional ownership)
Greater than 250 hours – Full aircraft ownership
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On what other prominent factor should I base my decision when choosing between fractional and whole ownership?
Control. For instance, do you wish to have absolute control over service, availability, cost, staffing, training, maintenance and dispatching, or do you prefer to outsource as much as possible?
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Nitin.
What advantages in flexibility does fractional ownership offer over the charter option?
Fractional aircraft ownership offers guaranteed aircraft availability as opposed to charter, which may not at all times.
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Nitin.
What advantages in flexibility does charter offer over fractional ownership?
No long-term commitment
No large capital expenditure
No burden on balance-sheet ratios
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Nitin.
Is fractional ownership a timeshare?
No, fractional ownership does not utilize the timeshare provisions as defined under FAR 91.501(c)1. A timeshare is a wet lease and includes crew, with limited reimbursement as specified in FAR 91.501(d) 1-10. Fractional ownership is an overall concept utilizing (1) shared ownership, (2) exchange of dry leases, which allows the exchange of aircraft between owners, and (3) use of a management company.
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Nitin.
What is a share?
A share is contractually-defined and allows an undivided interest of a single aircraft to be sold to multiple owners on the basis of 800 occupied hours per year and sold in fractions as small as one sixteenth.
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Nitin.
What is the length of commitment for fractional ownership?
Most fractional programs typically have a five-year commitment with early out and/or extensions available at a cost.
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Nitin.
I have purchased a new aircraft; using fractional ownership, will I fly only on new aircraft?
Although you purchased a portion of a new aircraft, it will become a member of a fleet of the same type of aircraft. The age of each aircraft in the fleet will vary; however, they typically will be similar in exterior and interior appearances. Each trip will be flown on the program aircraft that is most readily available, taking into account schedules, fleet availability and itinerary, among many factors. In some cases, non-program charter aircraft or larger program aircraft may be substituted for program aircraft.
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Nitin.
What documents will I sign when I buy a fractional share?
You will sign numerous documents, but the three major documents in the purchase are:
A purchase agreement establishes the terms and conditions whereby an interest of a specific aircraft transfers from the provider to the buyer. Limited power of attorney allows the provider to change the name(s) on the registration each time a share is sold.
A management agreement establishes the terms, conditions and level of service that the fractional program will provide.
An owner agreement must be signed by all of the owners of a specific aircraft.
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Nitin.
What is residual resale value?
Residual resale value is the expected value of your aircraft share at the end of the agreement. You will agree to some method of determining the resale value at the time of purchase that may or may not take into account high aircraft utilization. Assuming an average traditional flight department annual utilization of 430 hours and a fractional aircraft utilization of 1,000 to 1,200 annual hours, the value of an aircraft in a fractional program most likely will be less than the average traditional flight department aircraft due to the increased flight hours and cycles. The 1,000 to 1,200 hours is based on annual 800 hours sold and up to 400 additional hours for repositioning.
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Nitin.
Am I an owner for tax purposes if I possess a share in a fractional aircraft?
Yes, as owner of a fractional share in an aircraft, you are an aircraft owner for tax purposes. Consult with your attorney for details.
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Nitin.
Will I have the same crew for each flight?
You will most likely not have the same crew for each flight.
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Nitin.
Will my purchase of a fractional share be subject to state sales tax?
Possibly. A state sales tax generally is triggered by first use or taking delivery in those states with a sales tax or without an appropriate exemption. Check with your aviation tax counsel for more details.
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Nitin.
Will my purchase be subject to state use tax?
Possibly. The use tax is a backstop to the state sales tax. The use of the aircraft in a state is the potential trigger, not the place of delivery. Use tax can be levied by practically any state where the aircraft is used. Check with your aviation tax counsel for more details.
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Nitin.
Are my flights subject to the transportation of persons tax?
Yes, on the occupied hourly rate only. The provider will bill monthly and remit the appropriate percentage transportation of persons tax plus the segment fee.
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Nitin.
Does the direct operating cost per hour rise as hours purchased increases?
No, direct operating cost is an occupied hourly fee for fuel, maintenance, engine reserves and pilot fees. The hourly rate remains the same despite use. However, you have given up control over these costs. You will be dependent on the fractional provider to control the direct operating as well as fixed cost.
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Nitin.
Does the management fee rise as hours purchased increases?
Yes, the management fee increases with the size of share purchased and is a pro-rata share of fixed cost. Examples include hangar, administrative cost, insurance and training. This is a disadvantage to the fractional at high aircraft utilization rates and an advantage at low utilization rates.
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Nitin.
May I fly over my allotted hours for the year?
Yes, with limits. Owners might be able to go over the yearly allocation by borrowing from the next year’s allotted time, prior to the last year of the contract. There are restrictions on how much you can go over in a single year. Some providers might not allow unused hours to be carried forward without significant restrictions.
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Nitin.
What advantages in flexibility does fractional ownership offer over full ownership?
If available, you can match the aircraft to your trip requirements by trading up or down in aircraft size from the type you own.
You have access to multiple aircraft for simultaneous trips – for example, if your flight department needs more than one aircraft for an event like a board meeting.
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Nitin.
Welcome to CHEQ Online
With CHEQ Your Due-Diligence Is Done
The ARG/US CHEQ Report provides charter customers with:
Complete, in depth safety reports on your charter operators
Instantly access pilots experience and historical safety ratings
Primary source for your due-diligence
Instantly search
Pilot Certificates
Aircraft Registration
Operator Certificates
Accident and Incident Report
Enforcement Actions
Ownership and Management
If you are chartering or brokering a charter, how can you be sure that the operator meets your standards? The CHEQ Report allows you to review the safety record of any US based charter operator, download a complete safety report and validate your next charter flights historical safety standings within seconds. Responding to an industry wide need for objective, non-intrusive, and fact-based safety analysis for part 135 charter operators, ARG/US has developed a new rating system: The CHEQ report (Charter Evaluation and Qualification report). The CHEQ system has three major components: historical safety ratings, current aircraft and pilot background checks, and on-site safety audits. Analysis of these components results in four potential levels of safety rating: Silver, Gold, Gold Plus and Platinum. Each level reflects analysis and ranking based on increasing amounts of detailed information on the charter operator. The CHEQ system is the most comprehensive and detailed safety analysis program in the industry.
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Nitin.
Assuring your safety in the air- Hi Flying aviation.
Since 1991, Wyvern has been the global leader in aviation safety auditing, consulting and information services.
Corporate flight departments, travel departments, fractional programs, charter brokers and sophisticated business travelers use Wyvern as their primary source of aviation safety information. Wyvern also works with business aviation providers to develop safety programs that far exceed minimum FAA standards.
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Nitin.
IBAC is a non-profit, non-governmental association which represents, promotes and protects the interests of business aviation in international policy and regulatory forums. IBAC was founded on 15 June 1981 at a meeting in London; it was incorporated as the International Business Aviation Council, Ltd. in the District of Columbia as a non-profit corporation on 25 June 1981. Its Bylaws were ratified 14 September 1981 in Anaheim, CA. There were five founding members of IBAC and they are now called the British Business and General Aviation Association (BBGA),the Canadian Business Aviation Association (CBAA), the European Business Aviation Association (EBAA), the German Business Aviation Association (GBAA), and the National Business Aviation Association (NBAA) of the U.S. Since that time, IBAC has welcomed aboard the Australian Business Aircraft Association (ABAA), the Associação Brasileira de Aviação Geral (ABAG), the Business Aviation Association for India (BAAI), the Business Aviation Association of Southern Africa (BAASA), the EBAA-France (EBAA-F), the Italian Business Aircraft Association (IBAA), and the Japan Business Aviation Association (JBAA).
A list of the addresses and phone numbers of the IBAC Member Organizations is provided under Member Organizations.
IBAC is directed by a Governing Board which is comprised of representatives designated by each of its Member Organizations. Officers are elected by the Board and are: Chairman, Vice Chairman, Corporate Secretary and Treasurer. The current list of Officers is contained under General Information. IBAC is administered by its Director General. Meetings of IBAC’s Governing Board are held approximately every six to nine (6 – 9) months.
IBAC, through its Members, researches and collates the requirements of the business aviation community and develops Policy/Position Papers (PPP) representing the needs and goals of that community.
IBAC devotes considerable effort to attending meetings organized by the International Civil Aviation Organization (ICAO), which is a specialized agency of the United Nations and sets all the Standards and Recommended Practices (SARPS) concerning civil aviation. IBAC represents the interests of business aviation to ICAO. It has designated representatives, with observer status, on such ICAO Committees as the Committee on Aviation Environmental Protection (CAEP), and a number of ICAO Panels and Planning and Implementation Regional Groups (PIRGS) including the North Atlantic Systems Planning Group. IBAC is also business aviation’s liaison with other international aviation organizations such as IATA and IFALPA.
IBAC also administers the Aircrew Identification Card, which identifies crew members of business aircraft so that international flights may be cleared more expeditiously. The Card contains all the information required in ICAO’s Annex 9, Facilitation. Annex 9 contains the SARPS that Contracting States should follow when clearing international commercial flights for exit and entry. No such recommended practices exist for business aircraft but the Card is widely recognized by security officials. Aircrew Card holders tend to receive the same sort of expedited treatment as crewmembers of commercial aircraft. The Card is available only to aircrew of business aircraft operators who are Members of one of the IBAC Member Organizations.
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Nitin.
Important contact details- (Courtesy Hi Flying aviation)
ABAG
Associaçao Brasileira de Aviáçáo Geral
Rua Monsenhor Antonio Pepe, 359
04357-080 – São Paulo – SP
BRASIL
Tel: +(55) (11) 5032-2727
Fax: +(55) (11) 5031-1900
E-Mail: mail@abag.org.br
Web: http://www.abag.org.br
Ricardo Nogueira, Vice-President Executivo
ABAA
Australian Business Aircraft Association
9 Guthrie Ave
Cremorne NSW
2090
Australia
Tel: +61 (2) 9953 0363
Fax: +61 (2) 9904 9539
Web: http://www.abaa.com.au
Mail to: ABAA abaadbell@optusnet.com.au
David C Bell, Director
AsBAA
Asian Business Aircraft Association
747 Hangar, 1/F
Macau International Airport
Macau SAR, China
Tel: +853 (2886) 1116
Fax: +853 (2886) 1552
Mail to: chuck@jetasia.com
Chuck Woods, Chairman
BAAI
Business Aviation Association for India
E-14/20, Vassant Vihar
New Delhi 110 057
India
Tel: +91 (11) 26142575
Fax: +91 (11) 46015915
Mail to: info@baai.org , gill@kubase.com
Col. SPS Gill, Managing Director
BBGA
British Business and General Aviation Association
19 Church Street Brill Aylesbury HP18 9RT UK
Tel: +44 (0) 1844 238020
Fax: +44 (0) 1844 238087
Mail to: guy@bbga.aero
Web: http://www.bbga.aero
Guy Lachlan, Chief Executive
BAASA
Business Aviation Association for Southern Africa
First Floor
Terminal Building Grand Central Airport,
1685 Midrand
South Africa
Tel: +27 (11) 805 0680
Fax: +27 (11) 805-0599
E-Mail: kim@caasa.co.za
Web:www.caasa.co.za
Kim Gorringe – CEO
CBAA
Canadian Business Aviation Association
Suite 430, 55 Metcalfe Street
Ottawa, ON, KIP 6L5
CANADA
Tel: +613-236-5611
Fax: +613-236-2361
E-Mail: info@cbaa.ca
Web: http://www.cbaa.ca
Sam Barone, President and CEO
EBAA
European Business Aviation Association
Avenue de Tervuren 13 a-b / Box 5
BE- 1040 Brussels
BELGIUM
Tel: +32-2-766-0070
Fax: +32-2-768-1325
E-Mail: info@ebaa.org
Web: http://www.ebaa.org
Eric Mandemaker, CEO
Brian Humphries, President
EBAA France
European Business Aviation Council – France
BP. 10 Aéroport du Bourget
1445 Avenue de L’Europe
93352 Le Bourget Cedex, France
Tel: 33 1 49 34 22 31
Fax: 33 1 49 34 31 28
E-Mail: EBAAFRANCE@aol.com
GBAA
German Business Aviation Association
Schlachte 12/13
28195 Bremen
Germany
Tel: +49-4881-93 66 93
Fax: +49-4881-93 66 95
E-Mail:info@gbaa.de
Web: http://www.gbaa.de
Michael Weber, Chief Executive Officer
IBAA
Italian Business Aviation Association
Aviazione 65
20138 Milano Linate
ITALY
Tel: +39 02 76.11.0952
Fax: +39 02 76.11.1110
Mail to: albazac@fininvest.it
Capt. Pietro Zaccari
JBAA
C/O Japan Aerospace Co., Ltd.
Pola Aoyama Building 9F
2-5-17 Minamiaoyama Minato-Ku
Tokyo
Toyko 107-0062
Japan
Tel: +81-3-5785-5963
Fax: +81-3-5785-5964
Mail to: webmaster@jbaa.org
Web Site: http://www.jbaa.org
Kazunobu Sato, Director and Secretary General
MEBAA
Middle East Business Aviation Association
Emirates Tower, Level 41
Sheikh Zayed Road
PO Box 117733
Dubai, UAE
Tel: +971 (4) 319 9013
Fax: +971 (4) 319 9014
E-Mail: ammar.balkar@mebaa.com
Web: http://www.mebaa.com
Ammar Balkar, President and CEO
NBAA
National Business Aviation Association
1200 Eighteenth St. NW, Suite 400
Washington, DC 20036-2527 USA
Tel: +202-783-9000
Fax: +202-331-8364
E-Mail: info@nbaa.org
Web: http://www.nbaa.org
Edward M. Bolen, President and CEO
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Nitin.
BYLAWS
OF THE
INTERNATIONAL BUSINESS AVIATION COUNCIL, LTD.
ARTICLE I
Name
Section 1. The name of the organization is the INTERNATIONAL BUSINESS AVIATION COUNCIL,
LTD., abbreviated as IBAC and referred to elsewhere in these Bylaws as the “Council.” The Council is
incorporated as a nonprofit organization under the laws of the District of Columbia, United States of
America.
ARTICLE II
Purposes
Section 1. The Council shall provide through the cooperation of the Member organizations a pool of
knowledge, experience and general information in all aspects of international business aircraft
operations on which member organizations can draw for the benefit of their own members.
Section 2. The Council shall undertake all activities appropriate to ensure that the needs and interests of
business aviation on an international scale are clearly presented to, and understood by, those national
and international authorities and organizations whose responsibilities include any administration which
may influence the safety, efficiency or economic use of business aircraft operating internationally.
Section 3. The Council shall attempt to attain through all appropriate means ever widening recognition of
the fact that international operations conducted by business aircraft are of primary importance to the
economy and well-being of the nations of the world. To that end, it is a purpose of the Council to bring
operators of business aircraft into closer, mutually supportive personal and institutional relationships.
Section 4. The Council shall support the United Nations and its agency, the International Civil Aviation
Organization (ICAO), and shall, as circumstances permit, participate in the work of the latter. The
Council will defend the basic concepts set forth in the Preamble to the 1944 Chicago Convention on
International Civil Aviation.
Section 5. The Council shall encourage the formation of independent national and/or regional
organizations, of the type described in Article IV, where such do not exist, for the purpose of
representing the interests of companies owning or operating aircraft for transportation purposes, as an
aid to the conduct of business or associated activities.
ARTICLE III
Offices
Section 1. The Council shall have and continuously maintain in the District of Columbia a registered
office and a registered agent whose office is identical with such registered office. The Council may
maintain one or more offices at such places within or without the District of Columbia as the Governing
Board may from time to time determine.
ARTICLE IV
Members
Section 1. The Council shall have two classes of Members, National Members and Regional Members.
There shall not be more than one National Member from each nation of the world, or more than one
Regional Member from any specific geographical region as may from time to time be defined by the
Governing Board.
Section 2. A National Member may be any independent national organization, or defined sub-group or
separate committee of such organization, which is recognized as principally representing the interests of
its own national companies owning or operating aircraft for transportation purposes, as an aid to the
conduct of business or associated activities.
Section 3. A Regional Member may be any organization, or defined sub-group or separate committee of
such organization, which is recognized as principally representing the interests of companies owning or
operating aircraft for transportation purposes, as an aid to the conduct of business or associated
activities, the members of such organization being drawn from a number of specified nations comprising
a defined geographical region. Any nation in which there is a National Member shall be excluded from
any such defined geographical region.
ARTICLE V
Procedure for Admission to Membership
Section 1. Application for membership in the Council shall be made in the form of a letter which shall be
directed to the Governing Board.
Section 2. In the cases of application by an organization desiring National Member status, there shall be
provided with the letter of application a copy of the organization’s bylaws, a list of names of officers and
directors or governing council members, a listing of the names of all members and such other information
as the Governing Board may deem pertinent. In the case where application is on behalf of a sub-group or
separate committee, the lists so requested shall be furnished for the sub-group or committee.
Section 3. In the case of application by an organization desiring Regional Member status, there shall be
provided with the letter of application a list of the specified nations comprising the geographical region
for which representation is claimed. The applicant organization also shall submit a copy of its bylaws, a
list of names of officers and directors or governing council members, a list of the names of all members
and such other information as the Governing Board may deem pertinent. The applicant organization shall
have at least one member in each nation within the described geographical region for which
representation is claimed. In the case where application is on behalf of a sub-group or separate
committee, the lists so requested shall be furnished for the sub-group or committee.
Section 4. Each application for membership will be brought before a meeting of the Governing Board for
action. A majority of votes cast at a duly called meeting of the Governing Board will govern with respect
to applications for membership.
Section 5. The Council recognizes that national organizations of the type described in Article IV, Section
2 may be established from time to time within described geographical regions represented by Regional
Members of the Council. In such cases, the Council will consider and act upon applications for National
Membership from such national organizations.
Section 6. A Member may be expelled from the Council by the Governing Board for conduct prejudicial
to the welfare of the Council or its Member organizations, after notice of and opportunity for hearing.
Section 7. Any Member organization may resign at any time upon first discharging any indebtedness due
the Council and submitting its resignation in writing to the Corporate Secretary. No resigning Member
organization shall be entitled to a refund of any dues or assessments previously paid to the Council.
ARTICLE VI
Governing Board
Section 1. The management, affairs, business and concerns of the Council shall be vested in the
Governing Board. The Governing Board shall be responsible for establishing such policies and internal
controls at it deems necessary or desirable for the orderly conduct of the Council’s affairs.
Section 2. The Member organizations comprising the Council shall have no direct voting rights in the
business of the Governing Board but each shall have the right to appoint a representative to the
Governing Board as specified in Section 3 and 4 below. The title “representative” is synonymous with
“director” as used under District of Columbia nonprofit corporation law. The number of
representatives/directors which shall constitute the entire membership of the Governing Board shall not
exceed the total number of the Council’s Member organizations.
Section 3. The membership of the Governing Board shall consist of one duly designated representative
of each National and Regional Member, but a duly appointed alternate shall have full power to act on
behalf of such representative. The term of service of each representative or alternate shall be three years,
and there shall be no limit on the number of terms which may be filled by any duly-designated individual.
Each Member organization shall establish its own procedures for designation of representatives to serve
on the Governing Board, or for the designation of alternates. At its discretion, a Member organization
may designate an employee as its representative or alternate but in no case shall it name employees to
both positions. It shall be incumbent on each Member organization to give the Council timely notice
concerning designation of its representative or alternate.
Section 4. Representatives of Members, or alternates in their stead, shall each have one vote in the
conduct of the business of the Governing Board.
Section 5. The immediate past chairman shall, at his option, serve without vote as an Advisor to the
Governing Board for a stated period of three (3) years beginning at termination of service as Chairman.
During a period of service as Advisor, he shall receive all IBAC mailings and shall be entitled to attend
all meetings of the Governing Board. To retain status as Advisor, the immediate past chairman must
maintain a continuous, active affiliation to his IBAC Member organization. He may resign from Advisor
status at any time by giving notice to the Director General. In no event shall there be extension of
Advisor service beyond the three-year period.
ARTICLE VII
Meetings
Section 1. A regular meeting of the Governing Board shall be held at least once each year, and there
shall be an Annual Meeting of the Member organizations each year which may be held concurrently with
a Governing Board meeting.
Section 2. Notice of regular meetings of the Governing Board shall be given in writing to all Member
organizations at least 90 days in advance of the meeting. Each Member shall be requested to furnish
agenda items and shall provide in advance of the meeting such written material as may be useful in the
discussion and disposition of agenda items suggested by it.
Section 3. Special meetings of the Governing Board may be called by the Chairman or by a majority of
the representatives of Member organizations on the Governing Board. Notice of special meetings shall
be given in writing to each Member Organization at least 30 days in advance of the meeting. Such
advance notice shall be waived in the case all Members of the Governing Board agree to a waiver.
Section 4. A majority of the members of the Governing Board, represented in person or by proxy given
by a Member organization, shall constitute a quorum for the transaction of business at any regular or
special meeting of the Governing Board; but if less than a majority of Board members are represented at
said meeting, a majority of those may adjourn the meeting from time to time without further notice.
Section 5. The act of a majority of the Governing Board members present at a meeting, in person or by
proxy given by a Member organization, at which a quorum is present shall be the act of the Governing
Board unless the act of a greater number is required by law or by these Bylaws.
Section 6. Any action required by law to be taken at a meeting of the Governing Beard, or any action
which may be taken at a meeting of the Governing Board, may be taken without a meeting if a consent in
writing, setting forth the action so taken, shall be signed by two-thirds or more of the members of the
Governing Board.
ARTICLE VIII
Election of Officers
Section 1. The Governing Board shall elect from among the Member organizations a Chairman, Vice
Chairman, Treasurer and Corporate Secretary, each of whom shall be elected for a term of three (3)
fiscal years.
Section 2. The Governing Board may elect such other officers, including one or more assistant
secretaries and one or more assistant treasurers, as it shall deem desirable, such officers to have the
authority and perform the duties prescribed, from time to time, by the Governing Board.
Section 3. No individual elected as Chairman, Vice Chairman or Treasurer shall be an employee of a
Member organization or otherwise be engaged in a staff administration capacity for a Member
organization. The Chairman and Vice Chairman may also serve as the designated representative or
alternate to the Governing Board of the Member organization from which each is drawn and nothing
herein shall prohibit such officer from voting on behalf of such Member organization pursuant to Articles
VI and VII.
Section 4. The Corporate Secretary may be drawn from a Member organization and may be an employee
of that Member. In no event shall the Corporate Secretary act as a designated representative or alternate
to the Governing Board.
Section 5. No person shall hold the offices of Chairman and Corporate Secretary at the same time.
Section 6. Any officer elected or appointed by the Governing Board may be removed by the Governing
Board whenever in its judgement the best interests of the Council would be served thereby.
Section 7. A vacancy in any elective or appointive office caused by death, resignation, removal,
disqualification or otherwise, may be filled by the Governing Board for the unexpired portion of the
term.
ARTICLE IX
Duties of Officers
Section 1. The Chairman shall be the chief executive officer of the Council and shall preside at all
meetings of the Governing Board. The Chairman shall have general supervision over the business and
affairs of the Council and shall have such other duties as may be determined by the Governing Board.
The title “Chairman” shall be synonymous with “President” as used under District of Columbia nonprofit
corporation law.
Section 2. The Vice-Chairman shall in the absence or disability of the Chairman perform any or all of the
duties of Chairman and when so acting, shall have all the powers and be subject to all the restrictions
upon the Chairman. Should the office of Chairman become vacant, the Vice-Chairman shall perform the
duties of Chairman until the Governing Board shall have acted to elect a Chairman. The Vice-Chairman
shall have such other duties as may be determined by the Chairman or by the Governing Board.
Section 3. The Treasurer shall be responsible for and have supervisory custody of all the finds and other
financial assets of the Council. He shall be responsible for the keeping of a full and accurate account of
all moneys and obligations received and paid or incurred on account of the Council and shall oversee the
deposit all such moneys in the name of the Council in such banks, trust companies or other depositories
as shall be selected by the Governing Board. Whenever required by the Governing Board, the Treasurer
shall make a full written report covering the financial transactions of the Council. The Treasurer may be
required to give bond for the faithful performance of his duties in such sum and with such sureties as the
Governing Board may require. The Treasurer shall also perform such other duties as may be determined
by the Chairman or by the Governing Board.
Section 4. The Corporate Secretary shall be responsible for the records of the Council and shall ensure
that accurate minutes are kept of all meetings of the Governing Board, and all meetings of the Council as
a whole. The Secretary shall attend to the giving and serving of notices of all meetings of the Governing
Board and all meetings of the Council as a whole, and shall have custody of the corporate seal and shall
have authority to affix the same to all instruments where its use is required. The Secretary shall also
perform such other duties as may be determined by the Chairman or by the Governing Board.
ARTICLE X
Committees
Section 1. The Governing Board may in its discretion establish an Executive Committee to consist of
such persons drawn from the Governing Board as it deems appropriate. The Governing Board may
delegate in writing to such Executive Committee such authority and responsibilities as it deems
appropriate for the orderly and efficient conduct of Council affairs.
Section 2. The Governing Board shall have authority to establish such standing or ad hoc committees as
it may from time to time determine to be beneficial to the Council’s purposes. The Governing Board shall
draw up the charter for all such committees and will appoint each committee chairman. The chairman
shall be responsible for selecting the other members of the committee, subject to ratification by the
Governing Board and shall make timely reports to the Governing Board on committee activities. Except
as may be limited in its charter, each committee may determine its own rules and practices for the calling
of and conduct of meetings or other actions taken by it.
ARTICLE XI
Administration
Section 1. The Governing Board shall have broad authority to choose the means by which the
administration of the Council’s business is conducted, and it shall have full power to change such means,
as it deems appropriate from time to time. Included among such means, but without limitation, are: the
delegation of responsibility and authority to a Member organization to act as the Administration or
Secretariat; or the establishment of an Administration or Secretariat office separate from that of any
Member organization, at a place of the Governing Board’s choosing; or any combination of
administrative devices and locations that appear to be most appropriate to achievement of the Council’s
purposes.
Section 2. The Governing Board shall appoint a Director General who shall have responsibility for
day-to-day management of the Council’s administrative affairs, and who shall serve at the pleasure of the
Governing Board. At the discretion of the Governing Board, the Director General may be an employee of
a Member organization. The Director General shall be the chief operating official of the Council and
shall have responsibility for such other persons as may be authorized to serve on the Council’s staff, or
otherwise be necessary to its efficient operation. The Director General shall be responsible for carrying
out the purposes of the Council through implementation of effective policies and practices. He/she shall
be the primary Council contact to the ICAO, ensuring that all opportunities for the Council to support the
work of ICAO are fully exploited. He/she shall also maintain close liaison with IBAC committees,
seeing that they report timely to the Governing Board.
ARTICLE XII
Fiscal Year
Section 1. The Fiscal year of the Council shall begin on the first day of January and end on the last day of
December in each year.
ARTICLE XIII
Seal
Section 1. The corporate seal of the Council shall be such form and design as the Governing Board may
select and shall have inscribed thereon the name of the Council and the year and jurisdiction of its
incorporation.
ARTICLE XIV
Language
Section 1. English shall be the official language of the Council.
ARTICLE XV
Dues and Expenses
Section 1. The Governing Board may determine from time to time the amount of initiation fee, if any, and
the amount and due date of any annual or special dues or other assessments.
Section 2. Each Member organization of the Council shall be responsible for all costs associated with
the attendance of its representative and other delegation members at regular and special meetings of the
Governing Board or of the Council.
Section 3. The expenses of participating in committee activities, including travel costs, shall be the
responsibility of the Member organizations whose designees serve on the respective committees.
Section 4. In the event that any Member organization is in default in the payment of dues or any other
assessment for a period of one year, its membership may thereupon be terminated by action of the
Governing Board at any regular or special meeting.
ARTICLE XVI
Contracts, Checks, Deposits and Funds
Section 1. The Governing Board may authorize any officers or other agents of the Council, in addition to
the offices so authorized by these Bylaws to enter into any contract or execute and deliver any instrument
in the name of and on behalf of the Council, and such authority may be general or confined to specific
instances.
Section 2. All checks, drafts or orders for the payment of money, notes or other evidences of
indebtedness issued in the name of the Council, shall be signed by such officer or officers of the Council
or other person or persons. and in such manner as shall from time to time be determined by resolution of
the Governing Board.
Section 3. All funds of the Council shall be deposited from time to time to the credit of the Council in
such banks, trust companies or other depositories as the Governing Board may select.
Section 4. The Governing Board may accept on behalf of the Council any contribution, gift, bequest or
devise for the general purposes or for any special purpose of the Council.
ARTICLE XVII
Certificates of Membership
Section 1. The Governing Board may, in its discretion, provide for the issuance of certificates
evidencing membership in the Council, which shall be in such form as may be determined by the
Governing Board. Such certificates shall be signed by the Chairman or Vice Chairman and by the
Corporate Secretary and shall be sealed with the seal of the Council. All certificates evidencing
membership shall be consecutively numbered. The name and address of each Member organization and
the date of issuance of the certificate shall be entered on the records of the Council. If any certificate
shall become lost, mutilated or destroyed, a new certificate may be issued therefore upon such terms and
conditions as the Governing Board may determine. Certificates evidencing membership in the Council
are not transferable or assignable.
ARTICLE XVIII
Distributions on Dissolution
Section 1. In the event of the dissolution of the Council, no Member organization shall be entitled to any
distribution or division of its remaining property or its proceeds, and the balance of all money and other
property received by the Council from any source, after the payments of all debts and obligations of the
Council, shall be distributed to UNICEF or any other organization with similar goals sponsored by the
United Nations.
ARTICLE XIX
Amendments
Section 1. These Bylaws may be amended, repealed, or altered. in whole or in part, by a two-thirds vote
of the Governing Board at any regular or special meeting of the Governing Board at which a quorum is
present, provided that notice of the proposed change is contained in the notice of the meeting.
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