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Launching or Acquiring a Part 135 Charter Operation? Start Here.
Whether you’re building a charter operation from scratch or acquiring a company already holding a Part 135 certificate, understanding the FAA’s rigorous certification process—and how it impacts company sale transactions—is essential.
The Part 135 Certification Process: Five Phases, Three Gates
The FAA’s certification process is structured, demanding, and time-consuming. It consists of:
- Pre-Application
File Form 8400-6 (PASI), request access to the FAA SAS portal, and schedule a meeting with your local FSDO or CMO. Gate 1: Complete. - Formal Application
Submit manuals, training programs, contracts, lease agreements, and management resumes for review.
Gate 2: Complete. - Design Assessment
FAA reviews your documents and procedures for compliance and operational integrity. - Performance Assessment
Demonstrate your ability to operate safely and in compliance with your manuals. This includes simulations and proving runs.
Gate 3: Complete. - Administrative Functions
Receive your certificate and ops specs. You’re officially cleared for Part 135 operations.
The process is heavily paper-based, detail-driven, and requires deep regulatory understanding. From proving flights and MELs to PRIA compliance and TSA security programs—every detail matters.
Acquiring a Certificate-Holding Entity
There’s a reason many opt to acquire rather than build. A Part 135 certificate cannot be purchased outright; it is issued to an entity. Therefore, transactions typically occur via stock or membership interest purchase, allowing the buyer to inherit the operational infrastructure, manuals, and regulatory goodwill.
Key Considerations for Buyers:
- Conduct extensive due diligence: financials, contracts, FAA enforcement history, FOIA & litigation reports.
- Develop a Transition Plan for FAA submission, detailing the continuity of operations and any leadership changes.
- Confirm U.S. citizenship requirements are satisfied for owners and board members.
- Ensure compliance with DOT for issuance of Economic Authority after obtaining proof of required insurance minimums.
Bottom Line
Starting from scratch means control—but also years of effort. Acquiring an existing entity accelerates time-to-market but demands careful legal and operational review.
If you’re contemplating a Part 135 move—whether it’s through certification or acquisition—make sure you’re prepared for both the paperwork and the pitfalls.
Want to talk strategy or review a transaction structure? Let’s connect.
