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Stewart H. Lapayowker, PA

Mr. Lapayowker is the founder of Stewart H. Lapayowker, PA.  He devotes his law practice to corporate aircraft transactions.  He counsels corporate and individual clients, foreign and domestic, on issues relating to the acquisition, leasing, registration and financing of new and pre-owned jet aircraft (including fractional aircraft).  He counsels on a wide variety of aviation matters, including implementing tax efficient structures, related FAA and DOT regulatory matters, regulatory evaluation of operations, aircraft management arrangements, personal use issues and compensation-related SEC issues in connection with the use of business aircraft by public companies.

He is Recording Secretary of the National Business Aviation Association’s Tax and Regulatory Committee, past Chair of its Aircraft Transactions Working Group, past Vice-Chair of its Regulatory Working Group, and a member of the Aviation Law Committee of The Florida Bar.

Mr. Lapayowker has written articles and editorials, has been quoted in the press, cited to by a federal appellate court and has lectured on various topics in business aviation.

Honors

  • Selected as “Aviation Law Firm of the Year 2010” by DealMaker Monthly Magazine
  • Selected for inclusion in 2011 edition of The Best Lawyers in America.
  • Selected for South Florida’s Best Lawyers (2011 Edition; Incisive Media) Selected for South Florida’s Best Lawyers (2009 Edition; Incisive Media)
  • Selected for inclusion in 2010 edition of The Best Lawyers in America.
  • Selected for South Florida’s Best Lawyers (2009 Edition; Incisive Media)
  • Selected as a Top Lawyer by South Florida Legal Guide 2009 (Volume 1, Number 1, 2008)
  • Quoted in Daily Business Review, March 24, 2008 (John Pacenti, Justice Watch, Feds Take Closer Look at Aircraft Deals)
  • Selected for Who’s Who Legal – Florida 2008; Aviation (Law Business Research Ltd.)
  • Selected for South Florida Super Lawyers 2007 (June 2007)
  • Featured in The Miami Herald, Job File (Closing the Deal on their next set of Wings) (June 4, 2007)
  • Quoted in Worth Magazine, April 2007 (Connecting Flight)
  • Cited in United States of America v. Lake, 10th Cir. U.S. Ct. App. (Jan. 5, 2007)
  • Quoted in Base and Bonus, 2006, Volume 2 No. 12, page 3 (Does Empty Return Flight Count as Comp)
  • Quoted in Base and Bonus, 2006, Volume 2, No. 7, Page 11 (BofA Execs Getting Steeper Jet Valuation)
  • Selected as on of Florida’s “Legal Elite” by Florida Trend Magazine in 2004.
  • Selected as one of “The Best of the Bar 2003″ in South Florida by the South Florida Business Journal in the area of Corporate/Business Aviation
  • Rated “AV Preeminent” by Martindale-Hubbell

Lectures

  • Lecturer, 17th Annual Aircraft Registry Forum, Naples, Florida – February 2-3, 2011 (scheduled) (issues relating to letters of intent)
  • Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Atlanta, Georgia – October 17-18, 2010 (Aircraft Import and Export Issues)
  • Lecturer, National Business Aviation Association Annual Tax and Regulatory Seminar, Orlando, Florida – October 18-19, 2009
  • Lecturer, 14th Annual Aircraft Transactions, New York, New York – June 2009
  • Lecturer (legal Issues Relating to Leases and Loans – A Lender’s and Borrower’s Perspective), 16th Annual Aircraft Registry Forum, Naples, Florida – February 9-10, 2009
  • Lecturer (Aircraft Acquisition Planning), National Business Aviation Association Annual Tax and Regulatory Seminar, Orlando, Florida – October 4-5, 2008
  • Lecturer (An Introduction to Business Aviation for the Non-Aviation Professional), Financial Planning Association Retreat 2008, Weston, Florida – June 1, 2008
  • Lecturer (Update on FAA and Tax Issues Relating to Business Aircraft), U.S. Trust, Bank of America and Bank of America Private Wealth Management Aviation Symposium, Orlando, Florida –April 3, 2008
  • Panelist (Corporate Aircraft Issues), Equipment Finance Leasing Association – Orlando, Florida, March 17, 2008
  • Lecturer (SEC Reporting of Aircraft Use), National Business Aviation Association Annual Tax Regulatory Seminar – Atlanta, Georgia, September 2007
  • Lecturer (Aviation Regulatory Environment), NBAA Business Aviation Taxes Forum – Chicago, Illinois, June 1, 2007
  • Lecturer (Dealing with an Imported Aircraft), 14th Annual FAA Registry Forum and the Cape Town Convention and Aircraft Protocol – Miami, Florida, February 2007
  • Lecturer (Personal Use of Corporate Aircraft), Aviation Directors Roundtable, December 2006
  • Lecturer (Cape Town Convention Language), National Business Aviation Association Annual Tax Regulatory Seminar – Orlando, Florida, October 2006
  • Lecturer (Introduction to Aviation Taxes), National Business Aviation Association Annual Tax and Regulatory Seminar – Orlando, Florida, October 2005
  • Lecturer, National Business Aviation Association Regulatory Issues Forum – Boca Raton, Florida, January 28, 2005
  • Lecturer – “Certifying a Large Aircraft Under Part 135: A Hybrid Process or Double Trouble?”, Strategic Research Institute 8th Corporate Aircraft Conference to Address Risk ad Regulatory Issues – New York, New York, July 10, 2003 – July 11, 2003

 

Publications

  • “Corporate Planes Are Assets Not Excess,” Miami Herald, April 6, 2009 (p. G-8)
  • “FAA Should Allow Executives to Reimburse Companies for Personal Aircraft Use,” Editorial, Aviation International News, February 2008
  • “Taxing Personal Use of Corporate Aircraft – A Conversation You Don’t Want But Need To Be Ready For”, Executive Flyer Magazine, Volume 5, Issue 1 May, 2006
  • “Corporate Aircraft – Why the Law is Not So Simple”, SmartBusiness (Broward/Palm Beach Edition), February, 2005
  • “Valuation of Personal Usage of Corporate Aircraft and The American Jobs Creation Act of 2004″, thecorporatecouncil.net, February, 2005
  • “Personal Usage of Corporate Aircraft and The American Jobs Creation Act of 2004 – Between a Rock and a Hard Place”, Client Advisory
  • “Corporate Aircraft” Four Common Compliance Issues, Co-author, ACC Docket 21, No. 10 (Nov/Dec), 2003

 

Transactions

Mr. Lapayowker has personally handled the following transactions, among others:

  • Represented aircraft owner in connection with arrangements for having its aircraft appear in the MGM major motion picture James Bond 007 Casino Royale starring Daniel Craig
  • Negotiated the purchase of one of the first Boeing Business Jets and Global Express aircraft, the first operational Eurocopter EC 155B VIP-configured helicopter delivered in the United States, as well as the related financing and completion arrangements
  • Negotiated one of the first Bombardier FlexJet FlexOne aircraft program purchase
  • Concluded the purchase and related financing of aircraft to be based in Indonesia, Poland, the Middle East and the Caribbean
  • Negotiated the purchase of a new Challenger 605 aircraft in 4 business days.
  • Import of a Boeing 737-200 aircraft from Switzerland
  • Import of a DeHavilland Twin Otter from Australia
  • Negotiated consignment arrangements with the ministry of defense of foreign government
  • Negotiated the purchase of new Gulfstream G650, G550, G450, G350  and G150  aircraft on behalf of buyers
  • Concluded the assignment of lease of Gulfstream G450 demonstration aircraft and the sale and export of the aircraft
  • Represented licensed repair facility in connection with the purchase, sale and reconfiguration of regional jet for export to China
  • Represented client in connection with the purchase and trade-in of Bell 430 helicopters
  • Negotiated the purchase of Embraer Phenom 100 and 300 very light jets
  • Represented the purchaser in connection with the purchase and related lease financing of a new Dassault Falcon 2000EX
  • Consummated the acquisition and import from Italy of an Agusta AB-139 helicopter, and related completion agreement
  • Represented aircraft buyers in connection with the negotiation of progress payment financing for the acquisition of Bombardier Challenger 300 and Bombardier Challenger 604
  • Represented a client in connection with the importation of its U.S. registered Gulfstream G-550 aircraft into the United Kingdom for free circulation into the European Union
  • Negotiated and documented Part 91 and Part 135 management arrangements of Dassault Falcon 2000EX, Challenger 300, Challenger 605 and other aircraft with regional and national charter management companies
  • Represented purchaser of Gulfstream G-IV in connection with its purchase and import from Spain, and related lease financing
  • Assisted with the arrangements necessary to operate helicopters from a yacht for use in the European Union and Eastern Europe
  • Represented the purchaser of Boeing 737-200 from charter operator in Switzerland and subsequent import from Switzerland
  • Represented the purchaser of DeHavilland Twin Otter from Australian airline and subsequent import from Australia
  • *Represented a client in connection with the import of its helicopters into the United States from Great Britain

Education

  • Temple University School of Law, Philadelphia, Pennsylvania J.D.,1989, Honors: Cum Laude, Law Review: Temple Law Review, Research Editor
  • The Wharton School of the University of Pennsylvania, B.S., Economics, 1986

Bar Admissions

  • Florida, 1995
  • New Jersey, 1989
  • Pennsylvania, 1989

 

Past Positions

  • Partner, Goldstein Lapayowker LLP (Boca Raton, Florida), 2006-2008
  • Shareholder, Akerman Senterfitt (Miami, Florida), 1996 – 2006
  • Associate, Gunster Yoakley Valdes – Fauli and Stewart, P.A. (Ft. Lauderdale, Florida), 1995 – 1996
  • Associate, Cohen, Shapiro, Polisher, Shiekman and Cohen (Philadelphia, PA), 1989 – 1995

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