Aicraft Title & Registrations
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of this location?
Austria
The registration of an aircraft in the national registry does not constitute proof of ownership. As the registry at Austro Control is an operator registry, it only shows the holder and not the owner.
However, upon request of the owner or holder/operator of the aircraft, Austro Control issues a Confirmation confirming who has been disclosed to the authority as the owner (in the legal sense of ownership of property) of the aircraft.
Furthermore, the aircraft registration is prima facie evidence of legal ownership. With the request to register the aircraft the holder/operator of the aircraft must submit documents showing that he is entitled to be the holder/operator of the aircraft, e.g., pursuant to a lease agreement. However, in court proceedings, the lessor’s or holder’s/operator’s title should, in addition, be evidenced with the respective contracts and documents.
Colombia
Colombian Aeronautical Regulations (RAC) numeral 20.7.9 has four stages in the registration process as explained below:
- Initial Filing: The Register Office has eight business days to study the documents filed (RAC 20.7.9.1).
- Assessment: The CAA will evaluate if all the information is clear and complete. If there is something missing, or information is unclear, the authority will give a term of two months to complete the request.
- Registration: The CAA uploads the information within 15 business days.
- Proof of Registration: The CAA informs the aircraft owner or operator of the results.
Germany
No. The registration in the aircraft register (Luftfahrzeugrolle) with the LBA is only a declaratory one. It does not have any constitutive effect on the ownership of the aircraft under German law. This is a consequence of the fact that the German Aircraft Register mainly aims at securing registered data for purposes under public law, i.e., airworthiness and identification of the owner/operator (as applicable), nationality of the same, etc. Regardless of the public law nature and character of the Register, it is common practice to obtain an extract of the Aircraft Register for transactions under civil law.
India
Courts in India accept the Certificate of Registration issued by the DGCA as prima facie evidence of lessor, lender or owner interest in the aircraft. It would be difficult to defend a case in courts against third parties if the owner has no or defective title as per the records of the DGCA.
Israel
Registration of an aircraft in the register shall not serve as proof of ownership of such aircraft. Registration of an aircraft in the register shall constitute conclusive evidence regarding the nationality of the aircraft for international purposes and prima facie evidence regarding the nationality of the aircraft in proceedings in accordance with Israeli law.
Kenya
Registration of aircraft in the Kenya’s national registry and the subsequent issuance of the Certificate of Registration by KCAA constitutes prima facie evidence of ownership of the aircraft. However, such evidence is not conclusive evidence of ownership given that the Register does not confirm legal title. It is worth noting that all certificates of registration issued by the KCAA are endorsed with the following note: “This Certificate is not proof of the Aircraft Ownership”.
Malta
The Certificate of Registry of the aircraft constitutes prima facie evidence of ownership of the aircraft under the laws of Malta. A bill of sale confirming the identity of the owner will constitute proof of ownership of an aircraft under Maltese Law. The Certificate of Registration confers rights to an aircraft to be subject to the laws of Malta and have all the rights and privileges of a Maltese aircraft.
Mexico
No. Registration of an aircraft in the Mexican Aeronautics Registry does not constitute proof of ownership under the laws of Mexico. It only constitutes public notice to third parties of the rights and interests in respect of the aircraft.
Norway
Registration proves who is the legal owner, and thus who has the right to administer the aircraft.
By registering the ownership and other rights, a legal protection (in Norwegian: “rettsvern”) is established for what is registered. The licensee can thus be assured that the aircraft will not be handled in violation of his/her interests.
Pakistan
Applicable law does not specifically state whether registration in the Pakistan Aircraft Register constitutes proof of ownership, but it would provide evidentiary basis to establish ownership in favour of the named owner. Furthermore, to have an aircraft registered in the Pakistan Aircraft Register, inter alia, documentation evidencing proof of ownership is required to be submitted to the PCAA.
Panama
Registration of the title on the aircraft at the Aircraft Section of the Public Registry of the Republic of Panama constitutes proof of ownership.
Peru
Registration normally takes seven days but could be delayed for seven to 10 business days, if the information doesn´t meet all requirements. Once the act is registered, the Registry issues proof of registration that is posted on the Public Registry web page.
Philippines
Republic Act 94979 (hereinafter, the “CAAP Law”) provides that the Certificate of Registration is conclusive evidence of ownership, except in a proceeding where such ownership is, or may be, at issue. However, since this is an operator registry, if the operator is registered as a “lessee,” then the ownership can be annotated on the Certificate of Registration.
Poland
Yes.
Portugal
Yes, and reported back to the date the registration application and all required documents were initially filed with ANAC.
Romania
No, the registration in RUIAC of an aircraft and the issuance of the Certificate of Registration do not constitute proof of ownership, legal holding, or right of use in relation to the aircraft. This is expressly provided in the Romanian Aeronautical Code and Romanian Registration Regulation.
Serbia
Yes, it constitutes a proof of ownership under the laws of Serbia. Under Serbian Law, information contained in a public registry is considered true until proven otherwise.
Slovenia
Yes, registration of an aircraft in the national registry constitutes a proof of ownership under the laws of Slovenia. Nevertheless, for a change of an owner or an operator as well as for the initial registration, a court decision must be obtained.
South Africa
No. The registration of an aircraft and the issuing of a Certificate of Registration does not confer or imply beneficial ownership of the aircraft.
Sweden
No it does not. In order to secure the ownership of the aircraft it has to be registered in the Registry of rights.
Switzerland
No, the registration in the Swiss Aircraft Register does not constitute proof of ownership (but a registration in the Swiss Aircraft Record has certain effects in this regard; see Section 12 hereinafter).
The Bahamas
Section 12 of the CAA provides that an aviation document, including a Certificate of Registration, issued under the CAA must not be considered evidence as to ownership in any proceeding under the laws of The Bahamas in which ownership of the aircraft by a particular person is or may be in issue.
USA – Miami
49 U.S.C. 44103(c) provides that registration is not evidence of ownership of an aircraft in any proceeding in which ownership by a particular person is in issue. The FAA does not issue any certificate of ownership or endorse any information with respect to ownership on a Certificate of Aircraft Registration (AC Form 8050-3). The FAA issues a Certificate of Aircraft Registration to the person who appears to be the owner on the basis of the evidence of ownership submitted with the Aircraft Registration Application or recorded at the Aircraft Registry.
USA – Oklahoma City
Registration of an aircraft with the FAA is not conclusive proof that the registered owner holds legal title to the aircraft. The FAA does not issue certificates of title or endorse ownership information on a COR. The registered owner might not hold legal title, such as when an aircraft is registered in the name of a vendee under a conditional sale contract. Additionally, the FAA’s publicly available record of the registered owner might not reflect documents recently filed with or submitted to the FAA to transfer title and register the aircraft in the name of a new owner. Importantly, once a title transfer has occurred the registration of the aircraft in the previous owner’s name is no longer valid, even if no documents have been filed with the FAA to reflect the transfer.