Flag Etiquette/Registry Conundrum - Page 2 - SailNet Community
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post #11 of 33 Old 03-27-2009
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Sorry, noreault, you must be a foreigner or an enemy agent.

The New York State Constitution also specifically refers to CITIZENS of THE STATE.

Bear in mind that 13 colonies (states) existed before the Confederation of the United States, which predated the current Federal Republic of the United States, and that these colonies had CITIZENS, not just residents.

The Confederation of course is not to be confused with the "Confederate States" aka the Confederacy.
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post #12 of 33 Old 03-27-2009
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Originally Posted by Mimsy View Post
This probably a silly, no brainer question but I keep getting conflicting information so I thought I would ask. There are no stupid questions, right? Please tell me that is so!

My husband will be the listed owner of our boat. We live in Texas, but he is not an American Citizen but is a Brit. We were told that because he is not an American citizen, he can not register the boat as a US vessel. My daughter and I carry US passports and are US citizens. We own a home here in Texas and my husbands visa is renewable indefinitely, which is why we haven't tried to go through the ordeal of getting a Green Card for him( its a major pain in the butt and we are only here for a max of two more years)
Put the boat in all three names, then 66.666% will be American owned, and you can USCG document the boat and fly the US flag on it. Having your husband on the USCG documentation should take care of the insurance issues....

One good reason to do this is that cruising to foreign countries can be a bit more difficult with a state registered boat. Also, re-registering the boat in the UK would be far simpler if the boat was USCG documented IIRC.

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We were told that we would have to put the home state on the boat, but not the home port. This seems to be weird advice. Why on earth would you have the state but not the home port?
You are legally required to have both the home port and state on the boat's transom.

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What flag will we fly? It would seem suspicious to me to have a boat enscribed with a US home port and then to fly a British flag. Sounds like a great way to get boarded non-stop by any and all officials. If we plan on keeping the boat in the states with us for the next year and a half, wouldn't we wait to register it in the UK once we actually move back there?

To quote the immortal Mugatu "I feel like I am taking crazy pills..."

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post #13 of 33 Old 03-27-2009
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Or form a corporation and hold title that way and see if your insurance company is good with your husband named on the documentation as the "managing owner".
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In addition to individuals, corporations, partnerships, and other entities capable of holding legal title may be deemed citizens for documentation purposes. Corporations must be registered in a state or the U.S; the chief executive officer and chairman of the board of directors must be U.S. citizens, and no more than a minority of the number of directors necessary to constitute a quorum may be non-citizens.
Not sure what would be required to be considered a "partnership", and you are at the least "domestic partners" right now?

Last edited by capttb; 03-27-2009 at 06:38 PM.
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post #14 of 33 Old 03-28-2009
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If the boat is only in US waters then just use state registration, don't need to be a US citizen for state registration, just a legal resident.

Then for outside US waters, as a Brit maybe get Crown Territory registration; BVI or Caymen which don't require all the EU requirements of UK registration.

I am a Brit, when I got PA registration for my boat, a drivers license was all I needed for identity, Texas may be different.

Last edited by Ulladh; 03-28-2009 at 01:36 PM.
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post #15 of 33 Old 03-28-2009 Thread Starter
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Thanks Ulladh, I will look into the BVI option as we are definitely planning on sailing in international waters.
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post #16 of 33 Old 03-28-2009
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Link to a company that does yacht regitration in BVI

British Virgin Islands Yacht Registration Process
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post #17 of 33 Old 03-28-2009
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Actually I am a US citizen and graduate of the SUNY system. If you look at the NYS constitution you will note that it uses citizen, but when mentioning voting rights or holding office it says US Citizen and resident of New York. The use of citizen is kind of archaic, but I stand by you are a citizen of the US and resident of a state. You don't apply for citizenship in a state, nor lose it when you move. Simply a resident.
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post #18 of 33 Old 03-28-2009 Thread Starter
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Any problems mooring a BVI registered boat in the US?
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post #19 of 33 Old 03-28-2009
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Check with the Texas registration authority, but as long as you pay the required fees and taxes the boat is state registered, not USCG documented.

Pay the fees for BVI registration and that will be the registration outside US waters.

Double taxes and fees?

Check with CG, and Customs for reporting requirements when returning to US waters.

Some parts of the Carribean I have been lead to believe are OK with state registration only.

OR

Just have the boat BVI registered and you are in transit in the US

Reporting requirement for entering Houston area
http://www.customs.gov/linkhandler/c...n_brochure.pdf

Last edited by Ulladh; 03-28-2009 at 05:22 PM.
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post #20 of 33 Old 03-29-2009
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"Any problems mooring a BVI registered boat in the US?"
None, except that as a foreign yacht you will need a cruising permit which is good for not more than one year, at which point the boat has to leave US waters and be re-admitted. And the usual details of establishing flagging, title, ownership, changing insurance, little things like that. You'll probably lose the state registration when you flag it foreign, as well.

"If you look at the NYS constitution you will note that it uses citizen," Yep. Which makes them the standard and the law, regardless of any of our opinions to the contrary. The indivisibility of state and federal voting rights is entirely another issue. Among other things, the state military laws require state militia service for state citizens--not residents, but citizens. And those laws are the basis for the National Guard and the federal draft, which are both in turn limited and superceded by the state laws in every state. NG service is based on state citizenship, federal draft and federal militia service (I think that's 10 USC offhand) are based on federal citizenship.

Residency, domicile, and citizenship are all very different things. On both state and federal levels.
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