Aicraft Title & Registrations
2. Is the registry an operator registry or an owner registry (or both)?
Austria
It is an operator registry only.
Colombia
The Aeronautical National Registry works to register the operator and the owner. The registry shows who operates the aircraft, who owns the aircraft, and the different interest over the aircraft.
Germany
Germany has an owner aircraft registry. However, if the operator is different from the owner, the operator is registered as well. Moreover, if the owner is not an “EU person” the aircraft needs to have an operator from an EU country, and in such case, the operator will be mentioned on the backside of the Certificate of Registration.
India
The DGCA’s aircraft register is an owner registry, although it also includes details of the operator, if different from the owner. There is no separate register for leases and aircraft engines maintained in India. Further, once registered with the DGCA, there is no requirement to have the aircraft ownership registered with any other registry in India.
Israel
An owner registry.
Kenya
Kenya maintains both operator and owner registry systems. Under the Civil Aviation (Aircraft Nationality and Registration Marks) Regulations, 2018, an aircraft eligible for registration may be registered by either the owner or operator of the aircraft.2 An aircraft is eligible for registration in Kenya if the aircraft is either owned or leased by a citizen of Kenya, an individual citizen of a foreign State who is lawfully admitted for residency in Kenya, a corporation lawfully organized and doing business under the laws of Kenya, or a government entity of Kenya provided that the aircraft is not registered under the laws of any foreign country.
Malta
The aircraft register in Malta is an operator’s register. Nonetheless, an owner can register an aircraft in Malta in the event that the aircraft is not being temporarily operated or else the owner and the operator are the same entity.
Mexico
While the Mexican Aeronautics Registry is envisaged as an operator registry, interests of both the operator and the owner can be recorded.
Norway
The Norwegian Civil Aircraft Register is an owner registry, cf. Civil Aviation Act section 3-4 and 3-5.
Pakistan
Details of both the aircraft operator and the owner are reflected in the register maintained by the PCAA (i.e., the Pakistan Aircraft Register).
Panama
Both registries are owner and operator registries. Title, leases, subleases and mortgages are registered with the Public Registry Office and filed with the AAC.
Peru
The Aircraft Public Registry registers the operator and the owner. The Registry shows who is operating the aircraft (Lessee or the operator), and who gives the aircraft in Lease (Lessor or the owner).
Philippines
It is an operator registry. The Philippine Civil Aviation Regulations (hereinafter, the “PCAR”) provides that no person may operate a civil aircraft unless it has been registered by its owner or operator.
Poland
It is an owner registry, in the sense that the owner’s decision and consent is always required to register and deregister aircraft, as well as to amend entries. Moreover, the owner is always entitled to deregister an aircraft even without the consent of the operator.
At the same time, the operator, if different from the owner, must be disclosed in the register as well. In practice, it is usually the operator who handles registration matters and, in this case, it does require express authorization to do so from the owner.
Portugal
The National Aircraft Registry is an owner registry, although other parties with a relevant interest in the aircraft will also be included in said registry (i.e., lessee, mortgagee, etc). Aircraft operators must also be duly licensed by ANAC and each aircraft they use must be included in their respective Aircraft Operator Certificate (AOC).
Romania
RUIAC registers both the owner and the operator of the aircraft.
Serbia
The Serbian Aircraft Registry held by the Directorate (“Registry”) is both an operator registry and owner registry. The data of both, the aircraft’s owner and the aircraft operator (i.e., the lessee) should be registered in the Registry – the aircraft is registered in the name of its owner, but there is a specific field for registration of the operator’s identity as well.
Slovenia
The registry is both an owner registry and an operator registry.
The registry consists of the general ledger and a collection of documents. The general ledger is public and consists of insets, which contain the Certificate of Registration, the ownership certificate and the load sheet. The Agency enters into the general ledger all necessary information on the aircraft, the owner and the method of acquisition of the aircraft, the user (operator) of the aircraft (if it is not the owner), and the mortgages associated with this aircraft, as well as other rights over the aircraft and all changes relating to the content of the registry.
The collection of documents is managed for each aircraft separately and is kept as a business secret.
South Africa
The registry is an operator registry.
Sweden
In Sweden you are able to register both the owner of the aircraft and the operator separately in the Civil aviation registry.
Switzerland
The Swiss Aircraft Register is an owner registry. However, the operator may also be registered, besides the aircraft owner. If the operator holds a Swiss operating licence, this allows the registration of an aircraft which is not owned by a Swiss (or EU/EEA) national/resident/entity (see Section 3 hereinafter).
The Bahamas
The aircraft registry in The Bahamas is an owner registry.
USA – Miami
An aircraft may be registered in the United Stated only by, and in the legal name of, its owner.
USA – Oklahoma City
A US-registered aircraft is registered with the FAA registry in the name of its owner. The aircraft owner is normally the holder of legal title, but under certain circumstances the registered owner may be considered the vendee under a contract of conditional sale or the lessee under a lease with a nominal purchase option. The FAA does not allow for registration in the name of a nominee.