Aicraft Title & Registrations

21. What are the requirements and documentation to deregister an aircraft from this location? How does the aircraft deregistration process work?

Austria

The deregistration is basically applied for by the operator of the aircraft and the consent of the owner is required for the deregistration.  

 Together with the application for deregistration, the operator has to submit to Austro Control the written consent of the owner, the Certificate of Registration, the certificate of airworthiness, the periodic inspection certificate (if applicable), the qualification certificate (if applicable) and the noise certificate or noise exemption permit. Furthermore, the markings (license number), the sign and colours and the emblem of the Republic of Austria have to be removed from the aircraft. 

Colombia

The Colombian legal system recognizes foreign security interests over an aircraft. Article 1798 of the Colombian Commerce Code states that contracts validly celebrated abroad shall have all its effects in Colombian territory, although this disposition is limited to aircrafts which are registered abroad.   

In order to register the security interest in the Aeronautical National Registry, the document should be officially translated, if it comes in a language different than Spanish, and apostilled.

Germany

In Germany, it is only the owner (and not the operator) who is entitled to deregister an aircraft. The owner of the aircraft must apply for deregistration and a certificate of airworthiness for export (if needed), at the LBA, using a standard form (LBA Form No. 11 that is available in German and English). As Germany is an ‘owner register’, the operator may not block deregistration or export. However, in order to have the aircraft actually deregistered in Germany, the original Certificate of Registration, certificate of airworthiness and noise certificate issued by the LBA (which have to be carried at all times on board the aircraft) (see question 3 a.) have to be returned to the LBA. Upon deregistration, the LBA will notify the Aviation Authority of the next State of registration if requested by the owner with the application.  

India

Under Indian law, deregistration of an aircraft can only be done by the owner or the owner’s authorised representatives. The holder of an IDERA may apply to the DGCA for cancellation of the registration of the aircraft at the end of the lease term or prior to the expiry of the aircraft lease after: 

1. providing the original or notarised copy of the IDERA; and 
2. ensuring that either: (i) all registered interests in respect of the aircraft have been discharged or; (ii) the holders of such registered interests have consented to the deregistration or export of the aircraft. 

It is mandatory for the DGCA to deregister an aircraft within five working days of the submission of an application. 

Israel

The aircraft owner or its proxy may request the cancellation of the aircraft registration by submitting to the Aircraft Registrar a request for cancellation of the registration certificate containing a description of the aircraft according to the nationality and registration marks, the name of the manufacturer, the model and the serial number of the aircraft. The request will be delivered together with the original registration certificate of the aircraft. After checking the correctness of the documents, the aircraft will be canceled from the aircraft.

Kenya

The KCAA may, deregister or cancel the registration of an aircraft upon application by the registered owner for the purposes of registering the aircraft in another State or for any other purpose; or upon the destruction of the aircraft or its permanent withdrawal from use.8 

Before deregistering an aircraft, KCAA will require the registered owner of the aircraft to return to KCAA the Certificate of Registration, settle all liens or encumbrances attached to the aircraft and remove all nationality and registration marks assigned to the aircraft.9 

The following documents are required when applying for deregistration:  

1. The original and duly signed Certificate of Registration; 
2. Proof of payment of the prescribed fees; 
3. Landing and parking fees clearance; 
4. Air Navigation charges clearance; and 
5. Evidence of release from previous lease agreement or financier (if applicable). 

In many financing transactions, financiers ask mortgagors to provide deregistration powers of attorney enabling the financier to deregister the aircraft in the event of a default under the terms of the loan agreement. 

Malta

In order to deregister the aircraft, an application has to be filed by the registrant of the aircraft, which would be the operator. If the deregistration is taking place by the IDERA holder, then no application needs to be filed; however, the IDERA holder must inform the Civil Aviation Directorate about such deregistration and the latter should follow the instructions. 

It is the registrant (i.e., the operator) who can apply for deregistration of the aircraft, unless there is an IDERA in place. If there is an event of default, then the IDERA holder can deregister the aircraft. 

Mexico

The Mexican Aeronautics Registry will only deregister an aircraft upon request of the aircraft’s operator or by a court resolution. If a security interest is registered in the Mexican Aeronautics Registry, deregistration cannot take place without the consent of the creditor.   

Mexican registration marks are granted in favor of the operator of the aircraft based on its legitimate right to have possession of the aircraft. Consequently, a lessor or aircraft owner can only apply for deregistration if it complies with the following requirements (provided that the lease was terminated and that title to the aircraft was duly registered in favor of the lessor): 

1. filing of a written application signed by the owner or its legally authorized representative;
2. filing of the public deed or instrument evidencing the signatory powers of attorney and authority;
3. filing of the original registration marks certificate; and
4. payment of the applicable fees and duties. 

Note should be taken that, in principle, a lessor or owner will in practice be unable to obtain deregistration of an aircraft without the consent or cooperation of the aircraft’s lessee or operator (please refer to question 23 below). 

Norway

The Civil Aviation Act § 3-7 and the Registration Regulations §§ 28 and 29 stipulates rules for when an aircraft is to be deleted from the register. An aircraft is deleted from the register on the basis of five different circumstances: 

1. Deletion of aircraft at the request of the owner
   Anyone who is registered as the owner / legal holder in the Norwegian Aircraft Register can request that the aircraft be deleted because the aircraft is to be transferred to another country’s register. The application must be in writing and the owner’s signature confirmed in accordance with the rules in the Registration Regulations § 20. If the owner is a Norwegian private person or company, two persons over 18 years of age residing in Norway can confirm the correct signature. If the owner is not a Norwegian private person or company, the owner’s identity and signature must be confirmed by a Notary Public. The Notary Public must also confirm that the person signing has the necessary power of attorney for this. Outside the Nordic countries, the signature of the Notary must be confirmed by an apostille or legalization. 
2. Deletion of aircraft that lack an air- and/or environmental certificate of competency
   If an aircraft has been without an air- or environmental proficiency certificate for three years, the aircraft will be deleted from the Norwegian Aircraft Register. Norway’s aircraft register will nevertheless normally send a notification to the registered owner three months before the deletion is planned to be completed, so the owner can obtain a new certificate of air- or environmental competence. 
3. Deletion of aircraft due to owner’s nationality
   Exemption from the nationality requirement in the Civil Aviation Act § 3-2 is granted on the condition that there is a lease agreement in favor of a Norwegian operator. If this lease agreement expires or terminates, the condition for dispensation will no longer be present, and the aircraft will be deleted from the Norwegian Aircraft Register.
   When a foreign enterprise that is a registered holder of an aircraft is no longer effectively controlled by EEA citizens, the nationality requirement in the Civil Aviation Act § 3-2 is no longer met. The aircraft will then be deleted from the Norwegian Aircraft Register, unless the owner applies for and receives a dispensation from the nationality requirement. Exemption from the nationality requirement in the Civil Aviation Act § 3-2 is granted on the condition that there is a lease agreement in favour of the Norwegian operator. 
4. Deletion of condemned or wrecked aircraft
   Aircraft that have been dismantled or completely wrecked must be deleted from the Norwegian Aircraft Register. 
5. Deletion of missing aircraft
   Aircraft that have disappeared shall be deleted from the Norwegian Aircraft Register. An aircraft will be regarded as having disappeared if three months have passed since it started its last flight, unless there is information that it is still intact.  

Pakistan

Pursuant to the Airworthiness Notice, an aircraft is liable for deregistration from Pakistan aircraft register if: 

1. The aircraft suffers destruction. 
2. The aircraft is permanently withdrawn from use. 
3. The aircraft is transferred to the aircraft register of another state.  
4. The owner or the “Authorized Party” (as per IDERA) or his authorized designee requests deregistration of aircraft at any time.  

In case any of the conditions listed in 1 through 3 prevail, the COR shall be deemed cancelled and if, it is in the possession of the owner(s)/ authorized designee of the owner, it shall be duly filled in for applicable section and forwarded to Director Airworthiness, PCAA along with application form CAAF-128-AWRG and requisite fee for deregistration.  

 Where cancellation/deregistration of an aircraft is being sought for which ‘IDERA’ is still in force with PCAA, an application is required to be filed which can only be initiated by the ‘Authorized Party’ as declared in IDERA (or his authorized designee) along with necessary enclosures.  

 Following documents are required for deregistration:  

1. Duly filled out application for cancellation of registration CAAF-128-AWRG-4.0 which will require the following information: 
   1. Reason for cancellation of registration; 
   2. Confirmation of the capacity of the applicant i.e. registered owner, authorised party as per IDERA, authorised designee, or ‘other’; 
   3. Proof of ownership along with relevant power of attorney/authority letter if the application is signed by a person other than the owner of the aircraft; 
   4. Section-III/IV of Original COR duly filled; 
   5. Duly filled out form CAAF-196-AWRG-1.0; 
   6. Return of the original IDERA. 
2. Applicable deregistration fee (please refer to our answer to Question 21 below) 
   Pursuant to paragraph D5.3 of the Airworthiness Notice, it is to be noted that an original COR or any other on board documents shall not be required to be submitted together with the application for cancellation of registration of the aircraft, on which ‘IDERA’ is still in force with PCAA, in order to effect its deregistration. In all cases, where the aircraft is still operational, the applicant may choose to return original COR after confirmation of deregistration from Pakistan aircraft register or change of registration details as applicable. Moreover, in order to satisfy deregistration request, PCAA may ask for any additional document/letter from the applicant to support his request.  

 

Panama

The registration of an aircraft will be deleted, upon request, by an interested party (i.e., the owner or operator) or as a matter of course by AAC whenever:  

1. it is required by the owner or operator of the aircraft; 
2. the ACC authorises registration of the aircraft in another country, which will occur whenever the aircraft is free of any limitation or encumbrance or given the consent of it registered creditors; 
3. it is required to set the aircraft out of services; 
4. the ownership of the aircraft is going to be transferred to a person who is not qualified to register an aircraft in Panama; 
5. there is a total loss of the aircraft or an assumed loss by operation of law (there is a presumption of loss 90 days after last notice in the event of an unexplained disappearance); 
6. the aircraft appears registered in another country. 

Peru

Yes, foreign law-governed leases are valid if the parties have signed it over and an aircraft Agreement is duly registered in Peru. Formalities are the same as listed in the answers to questions three, four and five.  

Philippines

A letter of intention to deregister the aircraft in the Republic of the Philippines shall be prepared by the applicant. The Chief of the Aircraft Registration Section shall review the request to  

determine the validity and authenticity of the request

The applicant must also submit the following: 

1. Notarized application form for deregistration; 
2. Original Certificate of Registration; 
3. Original Certificate of Airworthiness; 
4. Proof of Payment of CAAP prescribed fees; 
5. CAAP Accounting Clearance of current aircraft owner; 
6. Notarized Deed of Sale (if due to the sale of the aircraft); 
7. Other documents as the CAAP may deem necessary. 

If the aircraft has an annotation, the applicant shall be required to settle/clear all derogatory or liens/encumbrances, prior to deregistration. No aircraft registered pursuant to Philippine civil aviation regulations shall be deregistered until and unless all liens and encumbrances annotated on the Certificate of Registration have been complied with or declared by competent authorities as null and void or ineffective. 

The usual process involves filing the application for deregistration at the Aircraft Registration Section, who will then forward it to the legal department for review, before finally forwarding it to the Director General’s office for approval. 

Poland

Deregistration requires an application from the owner, or owner-authorized operator, to the CAA and handing over the Certificate of Registration, and certificate of airworthiness, without prejudice for the possibility of issuing an export CofA. Normally, the process is quick. The only practical issue that may arise is the need to physically return the Certificate of Registration usually held by the operator onboard the aircraft.

Portugal

Any prior registered lien to the aircraft must be cancelled or the prior consent of the lessee and/or mortgager must be duly obtained in writing. Subsequently, an application must be filed with the Portuguese Civil Aviation Authority (ANAC) requesting the deregistration of the aircraft.  

The original aircraft registration certificate must be physically returned to ANAC, and all logbooks and other technical documents from the aircraft must be cancelled by ANAC. An Export Certificate of Airworthiness should be requested in advance (when applicable). 

Romania

In order to deregister the aircraft from Romania the applicant must file the following documents: 

• application for deregistration; 
• the written agreement of the owner to deregister the aircraft, if the application for deregistration is filed by the holder; 
• the documentation regarding the termination of the right to hold the aircraft, if applicable; and 
• the agreement of the beneficiary of the mortgage or security over the aircraft; 
• proof of payment of the fee. 

Upon receipt of an express request for the deregistration of the aircraft filed by the owner or the holder, with owner approval, RCAA notifies the holder of the aircraft that it has 10 days for submitting the original Certificate of Registration of the aircraft and to confirm the removal of the registration marks.  

The law expressly provides that if the applicant does not have access to the aircraft subject to deregistration, RCAA may allow the removal of the registration marks subsequent to the issuance of the certificate for deregistration. 

Before deciding on deregistration, RCAA may request any supplemental information and documents.  

RCAA’s decision to deregister the aircraft or to refuse deregistration shall be rendered 30 days from the date when the request was received together with all the documents and information required. In practice, deregistration occurs faster than the legal term.  

Serbia

The aircraft deregistration procedure in Serbia is conducted by the Directorate, upon a request of either the aircraft’s owner or operator, while in both cases the applicant (owner or operator) should submit a written and notarized statement of consent to the aircraft’s deregistration made by every person registered in the owner/operator sheet and mortgage sheet of the Registry. Therefore, the lessee’s cooperation is necessary for this; in case it fails to cooperate, a complicated and time-consuming court procedure must be conducted in order to effectuate a decision replacing the missing consent. 

Documentation required: 

1. Deregistration application form; 
2. Proof of payment of the administrative fee; 
3. Photocopy of the valid ID card or passport of the person submitting the application; 
4. Valid Certificate of Registration; 
5. Valid Certificate of airworthiness; 
6. Notarized (and depending of country of notarisation apostilled or legalised) written consent of each person registered in the Title sheet; 
7. Notarized (and depending of country of notarisation apostilled or legalised) written statement of agreement with deregistration of the aircraft of each person registered in the Mortgage sheet; 

All documents must be translated into Serbian language by a sworn court translator in not initially provided in Serbian language and submitted in original. 

Slovenia

To deregister an aircraft, the following documentation is required: 

• application for deregistration of aircraft (AIR.OBR-95) and payment of the tariff for the service implementation of the Agency; 
• a statement that nationality and registration marks have been removed from the aircraft (registration mark and flag). The original documents, such as certificate of airworthiness, Certificate of Registration, and permit to fly shall be returned; 
• in the case of lease agreement: the operator’s statement on facts and circumstances relevant for the issuing of a decision; 
• in the case of sale of an aircraft abroad: information on the prospective owner or information on prospective owner’s country; 
• if the aircraft is damaged or has become permanently unworthy: proof (statement by the applicant that the aircraft is  damaged or statement by an aircraft accident investigator which is to be obtained by the Agency on its own behalf); 
• in case of mortgage – consent of the creditor. 

South Africa

The deregistration process is as follows: 

• The operator / owner must complete and execute the relevant SACAA forms (together with the relevant corporate approvals);  
• submit the necessary import, customs and exchange control documents; and, 
• pay the prescribed fee. 

Once processed,  the SACAA will cancel the Certificate of Registration and issue a communication to the registry on which the aircraft will be registered. 

Sweden

There are no requirements beyond applying for a deregistration. The application is done by submitting a form (L 1684) and the Certificate of Registration, both in original.  

Switzerland

It is the owner who must apply for deregistration of the aircraft from the Swiss Aircraft Register and the Swiss Aircraft Record (if applicable, with the consent of any registered mortgagee or lessee), if recorded therein. Upon request, the FOCA issues a deregistration certificate. For this purpose, a deregistration application form along with evidence of the signing authority of the persons executing such deregistration application on behalf of the owner has to be submitted. As a rule, the FOCA only cancels the aircraft from the Swiss Aircraft Register upon return of the originals of the Swiss Certificate of Registration and the airworthiness certificate / permit to fly. Upon request, the FOCA issues a deregistration certificate and/or (subject a conformity inspection) an export certificate of airworthiness (CofA for Export).

The Bahamas

When transferring an aircraft registration to another State the applicant (owner or owner’s representative) must inform the Authority by submitting Form REG 03 – Application for Deregistration. The Application for Deregistration is reviewed primarily as an administrative formality. Once the application is complete, a Certificate of Deregistration is issued to the applicant. 

USA – Miami

In order to deregister an aircraft, the FAA will require eevidence satisfactory to the FAA that each outstanding financial interest recorded against a registered aircraft has been released or that its holder has consented to the export.

USA – Oklahoma City

Deregistration may be made at the request of the last registered owner of the aircraft, the last owner of record (if a title transfer instrument is filed with the FAA but the aircraft is not registered to the new owner prior to deregistration), or the holder of an IDERA. The request for deregistration must state the reason for deregistration (e.g., export, retirement from service) and certify that all registered interests ranking in priority to that of the party requesting deregistration have been discharged or the holders of such interests have consented to the deregistration of the Aircraft. If the aircraft is being exported, the request for deregistration must state the country of export.

If an IDERA is on file with the FAA and has not been released, only the IDERA holder may request deregistration for export. If the owner requests deregistration for export, the parties must file a release of the IDERA executed in ink (or digitally executed in compliance with the FAA’s requirements for digital signatures) by the IDERA holder. The FAA deems an IDERA to have expired when the related security instrument has been released. The FAA also deems an IDERA to be ineffective for FAA registry purposes when the related security instrument has been assigned. If the request for deregistration is made by an IDERA holder, the request must be accompanied by a Priority Search Certificate from the International Registry and copies of the consent(s) to export or discharge(s) of lien(s) by the holders of any registered interest ranking in priority to that of the IDERA holder (as evidenced by the Priority Search Certificate).

If any unreleased security instruments or leases exist at the time deregistration is requested, the parties must then file releases or terminations of such instruments or consents to deregistration for export by the relevant parties. Such releases, terminations, or consents must be wet ink originals or digitally executed documents that comply with the FAA’s requirements for digital signatures.

Once the deregistration request and any required releases, terminations, or consents have been filed with the FAA, the FAA will process the documents on an expedited basis (if deregistration is requested for export purposes) and issue a notice of deregistration. If deregistration is requested for a purpose other than export, the FAA will process the documents and deregister the aircraft in its normal course of business.