ei ei owe wrote:Bonds wouldn't be so bad if there was a way to insure them if a company should go under. The operator has every right to put out bonds but should be forced to pay out any balances upon going under.
Doc, that's a business you could get in..... bond insurance for companies running dodgy operations. Forget the PPC biz, it's saturated.
This is exactly the reason the topic gets so confusing for most. A real bond is provided by an insurance company, and is a form of insurance. There would be a flat fee up front for the bond, it's done this way all the time for performance bonds in other industries, ie a company is 'bonded' when they put up a peformance bond on a construction project.
In aviation the concept has been twisted a bit, but the initial twist wasn't so bad. A company wanted to protect an investment, and, asked a pilot to sign a pro-rated promissory note for the training value. The promissory note is usually worded such that it's forgiven after a period, and includes an offer of employment for the period. If the employment offer is withdrawn (either thru termination or ceased operations) the note is forgiven. At the end of the term it's forgiven. There is no up front expense for the pilot, expense only occurrs if they break the term. It's an arrangement that puts some legal and financial teeth into a gentlemans agreement to stay the term.
The concept got completely twisted when companies started a completely new financial arrangement, namely 'pilot financed training', but still tried to call it a 'bond'. It wasn't a bond, it was a simple financial loan transaction where the pilot loaned the company money for the training expenses. In some cases, it was a pretty large loan, and the company actually co-signed bankloans for folks to get the cash. The cash was then delivered to the company in the form of a loan. When the company shut down, well, pilots can get in line with all the rest of the creditors, and try recover the loans. How they ever got away with calling it a 'bond' is beyond me, and how folks could sign those documents without understanding the ramifications is also beyond me.
A bond properly written puts absolutely no financial duress on a pilot, it just puts some teeth into the agreement to stay for a given term, and those teeth only kick in if the terms are broken. It wont affect a credit rating, and it wont require any cash outlay unless the departure comes before the end of the term. Pilot financed training, well, that's another story. It has a direct affect on credit, and it can leave one stuck holding a very large outstanding balance. Especially with a startup, its an arrangement that should only be entered into if one has the financial resources to lose the entire sum.
If you are going to be looking at terms of a training bond, there's a few simple telltale signs to look for. If the agreement requires the pilot to fork up cash to do the flying involved for training, one needs to ask a simple question. 'If this company cant afford to do the training on a particular airplane, can they afford to operate it ?'. If there is no cash outlay on the part of the pilot, and it's all on the part of the company, but there is a term involved, the question to ask is this. 'Did this company become successful because they have learned to identify and hedge market risks?'. That question is easily answered by looking at the terms of the agreement, if they are reasonable, then there's a huge clue there.
Look around the industry, those who require the pro-rated prommisory note style of bond arrangement are for the most part all still operating, and, dont show the telltale signs of companies struggling to stay afloat. Look carefully at the wording on thier agreements, if they do go under, no pilot will be left with a large debt to pay. Those that required up front payment from pilots, well, most of the well known ones are no longer operating, and a few of them did leave pilots with large debts. Therein lies a pretty big clue.
This isn't rocket science folks, it's basic finances, and I'm just amazed at how many folks have no clue when it comes to finance. Personally, if a pilot cant tell the difference between a 'bond' and an 'up front payment', I'd question if they have the judgement required to sit up front of a big jet to begin with. At the same time, if a reasonable term, and a reasonable dollar amount are presented in the form of a promissory note, and they guy doesn't want to sign it, would you take his/here word they will stick around for the term? If they really plan to stick out the term, the pro-rated promissory note carries no risk.