America's Cup: Royals "welcome the query" by New York Yacht Club
by Richard Gladwell, Sail-World.com/nz 1 Sep 14:50 BST
The America's Cup Trophy in front of the New York Yacht Club's Newport Club House © Carlo Borlenghi
In a posting on their respective social media pages, Royal NZ Yacht Squadron and Royal Yacht Squadron say they "welcome" a query by the New York Yacht Club to the New York Attorney General relating to ACP's compliance with the Deed of Gift.
"The Royal New Zealand Yacht Squadron, the Defender of the America's Cup are their team represented, by Emirates Team New Zealand and Royal Yacht Squadron Ltd the Challenger of Record, are represented by GB1," says the statement posted by both the Royal clubs.
"The NYYC was consulted throughout the development of the ACP and supportive of its formation. Respecting the Deed of Gift was central to this process throughout."
"Notably, the Protocol for the 38th America's Cup that will be held in Naples in 2027 was established by mutual consent between the Defender and the Challenger of Record under the terms set out within the Deed of Gift."
From here, it is up to the New York Attorney General's office as to whether they pick up and run with the request from New York Yacht Club or decide if they have more pressing cases.
The New York Yacht Club says the Club "contends that a new perpetual governing body is incompatible with the charitable trust that has governed the Cup for more than 160 years."
The new perpetual governing body was first publicly revealed on August 12, 2025 and is a democratically run management board to organise and market the America's Cup match and related events. Since 1870, the America's Cup Match has been run under a benign dictatorship controlled by the Defender and, to varying degrees, by the selected first Challenger.
The America's Cup Partnership is a creation of a group of teams - known as the Foundation Partners - to take over democratic control of the conduct of racing for the America's Cup event, which was conceived after the winning of the £100 Cup by the schooner America in 1851.
The "Deed of Gift", now administered by the New York Supreme Court Charities Bureau was drafted and lodged by George Schuyler, with the Court in 1887.
Schuyler was the only surviving owner of schooner America and lodged the third version with the New York State court, after six Matches had been sailed. His final draft corrected the loopholes arising during those Matches that had been exposed by both Challenger and Defender.
That 1887 Deed of Gift lay unchanged until after the Second World War, when post-War, there was little interest in contesting an event in large J-class yachts.
In 1956, the New York Yacht Club took the initiative to approach the Supreme Court with a proposal to revive competition for the Cup.
The proposed changes were aligned with the Donors' original intentions. The changes reduced the Load Waterline Length of the competing yachts to 44ft and removed the requirement for the Challenger to sail to the venue on their "own bottoms". The move opened the door to the adoption of the 12 Metre class, used in the Cup between 1956 and 1987. From 1970 onwards multiple clubs competed for the right to be the Challenger and contest the America's Cup.
A later change to the Deed of Gift, following Royal Perth YC's win of the America's Cup in 1983, allowed the America's Cup to be contested in the Southern Hemisphere between November 1 and May 1. Both NYYC and RPYC made a joint approach to amend the Deed of Gift, which was essential to allow the Match to be sailed in the southern-hemisphere summer.
A point of difference between the 1956 and 1983 changes to the Deed of Gift and the current America's Cup Partnership situation is that earlier changes were sanctioned by the Supreme Court.
When the America's Cup Partnership was created, it was not referred by RNZYS or RYS to the New York Supreme for "reconciliation" with the Deed of Gift, as the New York Yacht Club has now asked over a year later.
In August 2025, the America's Cup was not dead in the same way that it was after WW2 and the J-class era. What is proposed is for the America's Cup, is for it to be run on a democratic process, under the Partnership rather than the benign dictatorship which has been the case since the first Match in 1870.
The current situation differs from previous Supreme Court amendments which were essential for the Cup to continue as intended by the Donor.
When announced on August 12, 2025 at the club of the Defender, Royal New Zealand Yacht Squadron, there was a valid Challenger, Royal Yacht Squadron, agreement of the rules, and the three basic requirements for the competition to continue were all in place.
It could not be argued in August 2025, that the Cup was dead in the water as it was in 1956 and 1983, and needed a change to the governing Deed to get racing again.
As the original Trustee of the America's Cup, the New York Yacht Club has an expert America's Cup Committee, whose role is to advise the Club on various matters referred to it. It is this body which one would guess has recommended the approach to the New York State Supreme Court.
It is not known what transactions have taken place among the various parties, but after 12 months of rumour, speculation and opinion, the New York Yacht Club's move on Monday to approach the New York Attorney General is the first concrete announcement of action.
The Court's task involves checking a still-secret 21st-century 700-page Partnership document against the provisions of a three-page 19th-century Deed of Gift.
Alternatively, the Attorney General's office may decline to become involved.
Organisation of the 2027 America's Cup in Naples is not affected, but future Cups may be - depending on the outcome of the current exercise. In the meantime, the America's Cup Partnership operates in a legal shadow.
For the key points at issue click here
And a media release by America's Cup outlining the operation and set up of the America's Cup Partnership click here.