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Show Questions- 1. Which authority is in charge of the civil aviation registry in this location? Does this location use a single-registry system or is there a dual-registry system in place?
- 2. Is the registry an operator registry or an owner registry (or both)?
- 3. What are the requirements and documentation to register an aircraft in this location? Include references to formalities such as notarisation, legalization, etc.
- 4. What fees are payable to register an aircraft in this location?
- 5. Are there any weight and/or maximum age restrictions to register an aircraft in this location?
- 6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of this location?
- 7. How is an aircraft title transfer effected in this location? What are the formalities required to register such title transfer in the national registry of this location (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
- 8. What information and details are reflected in the certificate of registration of an aircraft?
- 9. Are the entries in the aircraft registry of this location made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
- 10. What kind of aircraft operations can be conducted with aircraft registered in this location (i.e., private use, commercial air transport or both)?
- 11. Does the civil aviation authority in this location authorise the operation of foreign registered aircraft? If so, with which countries has this location entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
- 12. Is there a separate register of aircraft mortgages and/or leases and/or security interests in this location?
- 13. What are the formalities required to register a mortgage / lease / security interest in the national registry of this location (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
- 14. Is a mortgage priority notice an available security instrument for aircraft financiers in this location?
- 15. Does an aircraft mortgage duly registered in the national registry of this location extend to engines and other parts of such aircraft (either installed or not on the airframe)?
- 16. What statutory liens (if any) would rank prior to an aircraft mortgage duly registered in the national registry of this location?
- 17. Do the laws of this location provide for possessory rights and/or rights of detention over aircraft in favor of third parties (such as airport taxes, customs duties, air navigation charges, crew’s wages, MRO’s receivables)?
- 18. Are foreign law-governed security agreements (e.g., mortgages) recognized in this location in order to validly create a security interest over an aircraft registered in the national registry of this location? If so, are there any formalities/requirements to bear in mind?
- 19. Are foreign law-governed leases recognized in this location in order to validly lease an aircraft registered in the national registry of this location to a lessee incorporated in this location? If so, are there any formalities/requirements to bear in mind?
- 20. Has this location ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol? Has this location made any declarations to better determine the scope of application of the Convention / Protocol in this location? If so, what is the impact of such declarations on aircraft registration issues? Are there any specific aspects relating to the enforcement of IDERA’s to be considered?
- 21. What are the requirements and documentation to deregister an aircraft from this location? How does the aircraft deregistration process work?
- 22. What fees are payable to deregister an aircraft from this location?
- 23. Is the consent of the mortgagee / lessor (as the case may be) required in order to deregister an aircraft from this location?
- 24. What are the usual practical difficulties (if any) involved in deregistering aircraft from this location?
- 25. How long does deregistration take, both where there is co-operation from the defaulted party (mortgagor / lessee / Operator) and where there is no such co-operation from it?
- 26. Please outline the applicable repossession rules under the national laws of this location (and the Cape Town Convention, if applicable) following an event of default under a mortgage or a lease, including registration issues with the national registry in this location.
Aicraft Title & Registrations
1. Which authority is in charge of the civil aviation registry in this location? Does this location use a single-registry system or is there a dual-registry system in place?
Austria
The authority in charge of the civil aviation registry in Austria is Austro Control Österreichische Gesellschaft für Zivilluftfahrt mbH (“Austro Control”) having its seat in Vienna (www.austrocontrol.at).
It has a single-registry system.
Colombia
In Colombia, the Colombian Civil Aviation Authority is in charge of the aviation registry, through its Register Office which studies, analyzes, and registers the aircraft in Colombia.
There is one single registry called the “Aeronautical National Registry.”
Germany
The Federal Aviation Authority (Luftfahrt-Bundesamt, or abbreviated LBA) is in charge of civil aircraft registry (Luftfahrzeugrolle). The LBA was established in 1954 and is located in Braunschweig as the supreme authority in civil aviation and, as such, is directly subordinated to the Federal Ministry of Transport and Digital Infrastructure (Bundesministerium für Verkehr und digitale Infrastruktur).
There is a separate register for aircraft mortgages located at the local court in Braunschweig.
India
The Directorate General of Civil Aviation (DGCA) is the governmental agency in charge of the civil aviation registry in India. India has a single-registry system.
Israel
The Civil Aviation Authority of Israel (CAAI) is in charge of the civil aviation registry.
Kenya
Kenya operates a single registry system with the registration of aircraft being the responsibility of the Kenya Civil Aviation Authority (the KCAA). The KCAA is the body responsible for all civil aviation functions in Kenya and their functions cover, inter alia, the registration of aircraft in Kenya, licensing of air services, certification and registration of aerodromes, the provision of air services and the establishment, and maintenance of a system for the registration and marking of civil aircraft.
Malta
Transport Malta, the authority overseeing transport in Malta, is “in charge” of the National Aircraft Registry (“NAR”) in Malta. The NAR uses a single registry system. Nonetheless, the NAR does implement, when requested, the Article 83 bis arrangements under the Chicago Convention.
Mexico
Mexico’s authority in charge of the civil aviation registry is the Mexican Aeronautics Registry (Registro Aeronáutico Mexicano) of the Federal Civil Aviation Agency (Agencia Federal de Aviación Civil) (“AFAC”), a division of the Secretary of Communications and Transportation of Mexico (Secretaría de Comunicaciones y Transportes). It replaced the former Directorate General of Civil Aeronautics (Dirección General de Aeronáutica Civil) on October 16, 2019.
While all aviation-related interests must be registered with the Mexican Aeronautics Registry, there are certain interests that might need to be registered with the Sole Registry of Security Interests over Movable Assets (Registro Único de Garantías Mobiliarias) (“RUG”) as well.
Registration of interests pursuant to The Convention on International Interests in Mobile Equipment and its Protocol on Matters Specific to Aircraft Equipment (the “Convention”) is available as well, considering Mexico is a party to the Convention.
Norway
The Norwegian Civil Aviation Authority (“Luftfartstilsynet”) is the Norwegian authority in charge of the civil aviation in Norway, cf. Civil Aviation Act section 15-3.
“Luftfartstilsynet” is also in charge of the civil aviation registry, cf. Civil Aviation Act section 3-1 and Registration of Aviation (administrative regulation) section 4.
Norway uses a single-registry system – The Norwegian Civil Aircraft Register (“Luftfartøyregisteret”), cf. Civil Aviation Act section 3-1. The Norwegian Civil Aircraft Register does, however, recognize international interests registered in the International Registry.
Pakistan
The Pakistan Civil Aviation Authority (the “PCAA”) is the authority in charge of the civil aviation registry in Pakistan and uses a single-registry system.
Panama
The Civil Aeronautics Authority (Autoridad Aeronáutica Civil, herein referred to as AAC), an autonomous government agency of the Republic of Panama, is required to maintain an administrative registry of aircraft in Panama by means of the National Aeronautical Registry. AAC’s functions include, inter alia, the licensing and control of air crews and related administrative and technical personnel, the regulation of aircraft, airports and air services and the supervision of air traffic and auxiliary services.
In addition, there is an aeronautical section at the Public Registry Office, wherein all matters concerning the juridical status of aircraft are registered; namely proof of ownership, leases and encumbrances on aircraft, etc. in order to make them effective against third parties.3
Peru
In Perú the authority in charge of the aviation registry is the Public Registry.
There is one single registry called, “Aircraft Public Registry.”
Philippines
Aircraft shall be registered with the Civil Aviation Authority of the Philippines (hereinafter, the “CAAP”). CAAP is responsible for the following: (a) establish and maintain a system for the national registration of aircraft in the Philippines; (b) establish and maintain a system for the registration of liens, mortgages, or other interests in aircraft or aircraft engines; and (c) have sole authority to register aircraft and liens, mortgages or other interests in aircraft or aircraft engines.
Poland
The President of the Civil Aviation Authority (Prezes Urzędu Lotnictwa Cywilnego) is the government authority legally in charge of the civil aviation registry in Poland. On a practical level, there is a Civil Aircraft Registry Department at the Polish CAA which is devoted to this task and manages the registry on behalf (and under the supervision) of the President of the CAA.
Poland is a single-registry jurisdiction. An aircraft may be entered into the Polish register only if it has been deleted from all other national registers.
Portugal
The National Civil Aviation Authority (ANAC) is the official entity responsible for the National Aircraft Registry.
Romania
The Romanian Civil Aeronautical Authority (hereinafter “RCAA”) is the authority in charge of the civil aviation registry in Romania. In relation to aircraft registration, in accordance with the provisions of Subchapter 4:1.4 para (3) of the Romanian civil aeronautical regulations “Registration of civil aircraft” Edition 1/2016 approved by OMT no. 1.338/25.10.2016 as amended by OMT no. 165/2021 from 26 February 2021 of the Minister of Transport and Infrastructure regarding the approval of amendments for regulation related to certification and registration of UAV (hereinafter “Romanian Registration Regulation”) RCAA manages the following registries:
- Unique registry for registration of civil aircraft (hereinafter “RUIAC”);
- Registry of securities; and
- Registry of deregistration.
Serbia
The Civil Aviation Directorate of the Republic of Serbia (hereinafter: “Directorate”) is the authority in charge of the civil aviation registry. Serbia uses a single–registry system.
Slovenia
Civil Aviation Agency of the Republic of Slovenia, Kotnikova ulica 19A, 1000 Ljubljana (hereinafter: “Agency”) is the responsible authority of the civil aviation registry in Slovenia. Slovenia uses a single-registry system.
South Africa
The South African Civil Aviation Authority (“SACAA”) is in charge of the civil aviation registry in South Africa. South Africa uses a single-registry system.
Sweden
The authority in charge of the aviation registry in Sweden is the Swedish Transport agency (Transportstyrelsen). The authority is a part of the Ministry of Infrastructure which in turn is a part of the executive branch of the Swedish government.
Technically, there is one aircraft registry and one supplemental registry in Sweden. However, the registry is to be viewed as single, as only Sweden has only one entry point and only one notice of registration can be filed regarding an aircraft. If a part of an aircraft is to be registered as collateral in accordance with the Cape Town Convention, such registration has to be filed in accordance with the convention and cannot be filed with the Swedish agency.
Please note that when below it is referred to the Registry of right, it infers another register which deals with rights of ownership/lease/mortgages and security interests.
Switzerland
The Swiss Federal Office of Civil Aviation (FOCA) is in charge of regulating and monitoring civil aviation in Switzerland. Switzerland maintains a dual-registry system. There is the Swiss Aircraft Register, which is the Swiss aeronautical / nationality register, and there is the Swiss Aircraft Record, where rights in aircraft may be registered. Both the Swiss Aircraft Register and the Swiss Aircraft Record are kept by the FOCA.
The Bahamas
The Bahamas has a single-registry system.
Section 3(1) of the Civil Aviation Authority Bahamas Act, 2021 (the “CAABA”) provides that the Civil Aviation Authority Bahamas (the “Authority”) is responsible for the functions to be carried out by the Civil Aviation Act, 2021 (the “CAA”) and any convention to which the Commonwealth of The Bahamas (“The Bahamas”) is party on matters of civil aviation. The Authority is mandated to keep and maintain, inter alia, a register of all civil aircraft registered in The Bahamas. Pursuant to Section 9 of the CAA, the civil aircraft registry must show each aircraft registered by The Bahamas and the information recorded in the Certificate of Registration.
USA – Miami
The United States Federal Aviation Administration Aircraft Registration Branch oversees the civil aviation registry in the United States. The United States uses a single-registry system.
USA – Oklahoma City
The United States Federal Aviation Administration (“FAA”) is in charge of the civil aviation registry. The FAA uses a single-registry system, with ownership and registration records maintained on the same registry as the records of liens and encumbrances.