Aicraft Title & Registrations

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.

Austria

An aircraft title transfer is basically effected in Austria by a respective agreement (the valid title – “titulus”) and the physical delivery/transfer of the aircraft to the new owner (“modus”).  

The title transfer has to be notified to Austro Control in order to be registered in the registry. Together with this formal application, a document evidencing the title transfer has to be submitted to the authority. Such document can be e.g., a bill of sale or a purchase agreement. 

In general, notarisation and legalization of the documents is not required but original documents have to be submitted. 

The costs for the change of the registration in the registry amount to half of the fees for the registration of the aircraft in the registry (see Article 4. above) and amount to a range between EUR 44,50 – EUR 1.478,50. 

Colombia

In Colombia there are no restrictions for weight or age of an aircraft.

Germany

The title of an aircraft is transferred pursuant to the general rules of German civil law on the transfer of ownership of movables. Thus, a bill of sale is neither needed, nor alone would it be sufficient, and a sale and purchase agreement only impose a contractual duty on the seller to transfer the ownership of the aircraft to the buyer (section 433(1) of the German Civil Code). To actually transfer title in an aircraft, the owner, in execution of the underlying contract of sale, usually must deliver possession of the aircraft to the buyer while both parties agree that the change of direct possession also results in a change of ownership (see section 929(1) of the German Civil Code). However, a transfer  of title to an aircraft could be effected as well by any of the following: if at title transfer (i) the seller is in direct possession of the aircraft and wants to continue to use the aircraft, then seller and purchaser have to enter into a lease agreement (sale and lease back) pursuant to which the purchaser may demand repossession of the aircraft in accordance with its terms (thus the purchaser obtains indirect possession pursuant to section 930(1) of the German Civil Code); or (ii) a third party is in direct possession of the aircraft (e.g., a third-party lessee), then the seller, purchaser, and that third party must enter into an assignment or novation agreement in relation to the lease whereby the seller assigns to the purchaser, inter alia, its repossession right against the third-party lessee (section 931 of the German Civil Code). 

Registration of an aircraft in the Aircraft Register does not have any legal impact on the transfer of title, it is governed by the general rules for transfer of ownership of movables (section 98(1)(1) of the Act on Rights in Aircraft). Thus, the registration of the aircraft on the German Aircraft Register does not in itself constitute such title to or interest in the aircraft but merely serves as some form of evidence that the person who is registered as the owner is in fact the owner of the aircraft. However, although there is no requirement for registration in order to effect transfer of title, there is a requirement that the owner of the aircraft has to notify the German Federal Aviation Authority of any change in ownership without undue delay (section 64(5) Air Traffic Act), and any owner who wants to be registered in the German Aircraft Register has to provide proof of ownership, usually done by providing the original or notarised (and apostilled – if required) copy of the bill of sale to the LBA (see question 3). 

India

Title in an aircraft can be transferred by execution of a sale agreement or a bill of sale between the seller and the buyer of an aircraft. If the sale agreement is executed outside India and is subsequently brought into India, whether by way of physical delivery or fax, email or any other electronic means for any purpose, the same will have to be stamped within the statutorily prescribed period in accordance with the stamp laws in force in the relevant state in which the transaction documents are brought. In addition to the stamp duty requirement, the transfer documents should be notarised and apostilled for submitting to governmental authorities such as the DGCA. The costs involved would be the stamp duty payable on the transaction documents and the registration fee that shall be payable to the DGCA if the aircraft is not already registered with the DGCA. 

Israel

See questions 3 and 3(a) above. In addition, please note that the owner of an aircraft has to notify the Aircraft Registrar of any change to the registered address of the aircraft within 14 days of the date of the change. Once the Aircraft Registrar has been notified of the change of the registered address, it shall issue to the owner of the aircraft an updated Certificate of Registration. 

Kenya

The transfer of aircraft in Kenya is effected by way of a bill of sale. The bill of sale documents the agreed terms between the transferor and transferee including the consideration for the sale of the aircraft.  

In Kenya, every instrument chargeable to stamp duty is required to be stamped within 30 days after it is first executed or if executed outside Kenya, within 30 days after it is received in Kenya. No instrument or document chargeable to stamp duty can be admitted in evidence in any proceedings (other than criminal proceedings) unless it is duly stamped. A bill of sale is chargeable to nominal stamp duty (approximately $2 USD) under the Stamp Duty Act (Chapter 480 of the Laws of Kenya). Therefore, once the bill of sale is duly executed by the relevant parties, stamp duty must be paid to the Collector of Stamp Duty in Kenya. There is no requirement for the bill of sale to be notarized or legalised in Kenya.  

If the aircraft is registered in Kenya, the transferee must then write to the KCAA and inform them of the change of ownership of the aircraft. If the aircraft is not registered in Kenya, the duly stamped aircraft bill of sale will be required as proof of aircraft ownership when submitting an application for registration.  

Malta

Any registrant of an aircraft shall inform the Director General in writing of a transfer of title of an aircraft. The Maltese Registry would usually request the following documents:  

(i)  Certified true copy of the executed bill of sale (evidence of the transfer of title); 

(ii) Copy of the duly executed corporate authorities or power of attorney appointing the representatives who have signed the bill of sale; 

(iii) If there is a lease agreement in place, then a copy of the novation/amendment deed by which the lease has been novated to the new lessor; 

(iv) corporate documents of the new owner/lessor including the Certificate of Registration and memorandum/articles of association (or other equivalent statutory document); and 

(v) new IDERA/mortgage in favour of the new lessor, together with the relevant Power of Attorney/corporate authorities (where applicable). The Powers of Attorney appointing signatories to sign and submit any security documents (IDERA, mortgages or a deregistration power of attorney) to be registered over an aircraft registered in Malta will need to be notarised and apostilled.   

A new certificate must be issued recording this change in title and a charge equal to 50% of the fee as would be payable.  

Also, since Malta is party to the Cape Town Convention, we would usually recommend that the transfer of ownership is also registered in the international registry. 

Mexico

In principle, aircraft title transfers in Mexico can be achieved by means of an aircraft purchase agreement, bill of sale or similar document. Such agreement or document underlying title transfer in and to the aircraft must be duly notarized for purposes of registering it with the Mexican Aeronautics Registry. If such document(s) were (i) issued abroad, they must be notarized and further apostilled or legalized (as applicable) and/or (ii) entered in any language other than Spanish, a Spanish certified translation thereof must be issued by a Mexican court approved expert translator. 

Please bear in mind that for the sale and purchase of aircraft that are located in Mexican territory and/or that are bearing Mexican registration marks (regardless of the aircraft’s physical location) value added tax will be triggered at a statutory rate of 16% over the purchase price of the aircraft.   

Furthermore, the sale and purchase of aircraft imported into Mexico through a temporary import regime is expressly prohibited.  

Norway

As a general rule, ownership rights of an aircraft can be transferred in accordance with contractual rules under Norwegian law. 

As for the Norwegian Civil Aircraft Register, the Civil Aviation Act section 3-6 imposes that any change in the information in the register, including changes in ownership, shall be reported. 

Stipulated by section 3-6 of the Aviation Act, changes in the “property conditions of the aircraft or of the nationality of the owner” shall be reported “without delay”.  The message shall contain “necessary information and evidence”. If the aircraft is sold, the message should generally be given by the buyer, but if the sale entails that the aircraft is no longer regarded as Norwegian, the notification shall be given by the seller.   

As the registration of the right owner of an aircraft has major implications, strict requirements are placed on the documentation. In the event of insufficient documentation, documents may be returned without registration.  

When the seller and buyer are Norwegian: 

  • The deed must be complete and correctly filled in.  
  • If the seller is a company or other type of organization, the signature of the person concerned must match what is registered in Brønnøysundregistret. 
  • Documentation of the Norwegian Identification Number (11 digits) is required if the buyer or seller are private residents of Norway. A copy of a passport, driver’s license, or bank card is valid documentation. If there are several sellers or buyers, all of these must document their social security number. 
  • If an encumbrance has been registered on the aircraft, consent must be submitted from the licensee. The encumbrance should normally be deleted before the change of ownership is registered.
     

When the seller/ buyer is not Norwegian: 

  • If the buyer or seller is a company foreign state, identity and signature must be confirmed by the Notarius Publicus. Notarius Publicus must also confirm that the person who signs has the necessary authority to do so. 
  • If the buyer or seller aren’t from any of the Nordic countries, the signature of the Notarius must be verified with apostille or legalization. 
  • For private persons not from any of the Nordic countries, the Notarius Publicus must confirm the identity of the person concerned. 
  • If the buyer or seller are not Nordic, the signature of the Notarius must be verified with apostille or legalization. 

If the buyer is from an EEA (European Economic Area) country, the same procedure applies to foreign ones (see above), but in addition, the following requirements are made: 

Documentation must be provided on affiliation with an EEA-country (Declaration regarding ownership of the company). The signature on the documentation must be confirmed by the Notarius Publicus.
 

If the buyer is not from an EEA country, the same procedure applies as to foreign ones (see above), but in addition, the following requirements are made: 

The Norwegian Aircraft Register must have granted an exemption from the nationality requirement in section 3-2 of the Civil Aviation Act. Such an exemption is granted under the condition of a rental agreement for the benefit of a Norwegian operator, where this is approval by the Civil Aviation Authority. 

Related costs: 

Fee, stipulated by the administrative regulation regarding Fee to Civil Aviation Authority, is paid at the general rates for registration, cf. question 4 above.   

Pakistan

The title transfer may be effected by way of a duly executed, stamped, and witnessed transfer instrument between the parties. Permission from or notification to the PCAA is required in the cases set out below as per the Airworthiness Notice. 

No Pakistan registered aircraft, whether its COR is in force or not, shall be leased outside Pakistan nor shall there be any change, partial or otherwise in the ownership, possession or use of the aircraft, otherwise transferred to any person, company or corporation, without the prior permission in writing of the Director General, PCAA. Any change in registration details that affects the contents of COR shall require the holder to apply for revised COR e.g., change of owner’s / operator’s title, address, etc1.  

Any transfer of ownership of an aircraft registered in Pakistan shall be notified to the Director Airworthiness, PCAA by the person or persons acquiring ownership within fourteen days of the transfer. In case of any change in aircraft lease agreement which is already submitted with PCAA, it is the responsibility of the holder of COR or its authorized designee to notify PCAA at the earliest, with aircraft operator on board2.  

In each case where change in the registration details affect the data/ information as appears on the COR, updated application form (CAAF-128-AWRG) shall be submitted to HQ Airworthiness Directorate along with associated documentary evidence and duly signed by new owner/ operator/ authorized designee, as the case may be. Former owner(s), his attorney, or his legal heir shall duly complete applicable section on ‘COR’ along with his signature and date. Upon receipt of such request and subject to fulfilment of all relevant requirement, a revised ‘COR’ will be issued with updated particulars as desired3. 

Documents required to be submitted for change in ownership are as follows: 

  1. Prior approval in writing of the Director Airworthiness, PCAA must be obtained. 
  2. A duly completed form CAAF-128-AWRG-3.0. 
  3.  Original bill of sale evidencing the change of ownership of the aircraft.  A notarized and consularizied copy of the bill of sale is also required to be provided. The PCAA, as per practice, returns the original and keeps the notarized and consularized copy for their records. In certain cases, the CAA may accept a notarized and consularizied copy without requiring the original.  
  4.  The original COR in respect of the aircraft with Section I/II duly filled out. This is required to be executed by the authorized person of the former owner. Originals, notarized, and consularized corporate approvals of the former owner are also required to be submitted. 
  5. Corporate approvals authorizing the relevant person(s) to execute the application for change of ownership/registration. Originals of the corporate approvals along with a notarized and consularizied copy are required to be provided. 
  6.  Any other document/information that the PCAA may require. 
  7. Power of attorney/ authority letter if the application is signed by a person other than owner of aircraft. 
  8. Payment of fees of PKR 31,000. 

The owner, or a duly authorized representative of the owner, may submit the application for the change in ownership. There is no time period set out under applicable law within which the PCAA is required to effect the change in ownership. On the basis that the necessary documents have been submitted and the PCAA does not request for any additional information/documents, we anticipate that it could take up to three to four weeks for the PCAA to issue the revised COR reflecting the change in ownership.  

Panama

Transfer of title is achieved through the execution of a bill of sale and registration at the Public Registry Office. If the bill of sale is executed outside Panama, the signature of the parties must be certified by a Notary Public and the signature of the Notary Public must be certified by a Panamanian consul or the 1961 Hague Convention on the Apostille.  If the bill of sale is in a foreign language it must be translated by an official translator in Panama. 

Peru

No. 

Philippines

The following are the requirements for the transfer of ownership of aircraft:

  1. Application form prescribed by CAAP; 
  2. Previous copy of Certificate of Registration; 
  3. Documentary evidence of ownership (e.g. Bill of Sale); 
  4. Copy of Accounting Clearance issued by the CAAP to the former and new owner of aircraft; 
  5. Corporation document issued by the Securities and Exchange Commission/Department of Trade and Industry, if applicable; 
  6. Secretary’s Certificate (if applicable); 
  7. CAAP prescribed fees (i.e., Registration fees, energy tax, recordation fee, etc.); 
  8. Air Operator Certificate Specification (if applicable);  
  9. Civil Aeronautics Board’s list of aircraft approval (if applicable); 
  10. Unless assumed by the new owner, all liens and encumbrances annotated at the back of the Certificate of Registration have been satisfied or complied with or declared by competent authorities as null and void or ineffective. 

A new Certificate of Registration will be issued for the registration of an aircraft with the same nationality and registration mark. A new entry shall be made on the Philippine aircraft register. The process will be the same as the registration of an aircraft.11 

All conveyance recorded under the CAAP Law shall comply with the requirements for the registration of documents similar to the land registration process. The conveyance to be recorded shall also state: 

  1. The interest in the aircraft of the person by whom such conveyance is made or executed or, in the case of a contract of conditional sale, the interest of the vendor; 
  2. The conveyance of such interest.12  

All documents issued and/or signed outside the Philippines must be apostilled or consularized at the Philippine Consulate in that country. 

Poland

Transfer of title requires an agreement (contract), such as a purchase/sale agreement, donation, or swap. The agreement should be in writing for evidentiary reasons, but there is no requirement for any special form, such as a deed, notarization of signatures, etc., for its legalization. Therefore, there are no stamp duties or other public fees.  

However, to be effective against third parties, not only the transferor and transferee, but the transfer of title also has to be recorded in the civil aircraft registry by updating the entry for the owner. The cost of updating the register is PLN 37. 

Portugal

A bill of sale or a purchase and sale agreement, together with the original aircraft registration certificate (which shall be cancelled by ANAC), will be sufficient as long as the aircraft is already registered in Portugal. The aforementioned documents must be submitted by the new owner of the aircraft to ANAC with the application for the aircraft registration. 

ANAC only accepts original documents or certified true copies of the documents, and all signatures must be duly notarized. Any document issued in a foreign country must be legalised at a Portuguese Consulate or Embassy or have the apostille of the Hague Convention (for signatory countries only). 

Documents are accepted in Portuguese or English and certificates are also issued by ANAC in Portuguese or English. 

The associated cost with the aircraft registration is 72.33 EUR (or fifty percent of this amount if the applicant is an aero club) only. 

Romania

In principle, the transfer of an aircraft title takes the form of a private deed that does not require any specific notarization or other certification procedures. The transfer of the title must be recorded in writing bearing the signatures of the parties as proof of the deed itself. In order to register the title transfer in the national registry, it is sufficient to submit the original deed of the transfer or a notarized copy and, if the case, the notarized translation of the deed in Romanian language.   

The transfer of a title represents an amendment to the data registered in RUIAC and, thus, the registration needs to be amended to reflect the new owner. The amendment of the data registered in RUIAC is made based on an application submitted by the owner of the aircraft or the holder, with the approval of the owner. The application contains data on the aircraft (type and model, manufacturer serial number, number and date of the registration certificate, registration marks), on the required amendment and the documentation enclosed to the application.  

The fee for the amendment of the RUIAC data is 45 euro plus VAT per application and the proof of payment shall be filed together with the application for amendment.  

Serbia

In order to transfer ownership over an aircraft under Serbian law, such transfer must be: i) approved by the Commercial Court and ii) registered with the Directorate.

To obtain the approval of the Commercial court, the following documents are required:

  1. Excerpt from the Registry for the aircraft in question;
  2. Certificate of airworthiness issued by the Directorate;
  3. Agreement on the title transfer of the aircraft in question (no notarisation or apostille required, but agreement must be in written form);
  4. Proof of payment of the court administrative fee in the amount of RSD 400 (approx. EUR 3,5).

Once the Court has rendered the resolution, the resolution should be submitted to the Directorate alongside the photocopy of the valid ID card or passport of the person submitting the request and the proof of payment of the administrative fee in the amount of RSD 4,330 (approx. EUR 37). The Directorate will register the title transfer within approx. five working days from submission of documents.

Slovenia

The agreement by which the title on an aircraft is transferred must be concluded in written form. Title on the aircraft is transferred with the entry of the change in the register.

To change the owner/operator of the aircraft in the register, the following documentation is required:

  • an application for the change of an owner/operator (AIR.OBR-109) and payment of the Tariff for the service implementation of the Agency;
  • a final decision of a competent court on the change of owner and the operator of the aircraft (evidence of the ownership as well as in relation to the operator needs to be provided in originals or certified copies with Slovene certified translation);
  • certificate of citizenship and/or an identity document or extract from the business register for legal entities;
  • filled out Form Part-ML Aircraft maintenance programme (AMP) – type of approval (AIR.OBR-194);
  • the original Certificate of Registration or permit to fly shall be returned.

South Africa

Title to an aircraft is transferred on delivery of a bill of sale by the seller to the purchaser. There are no notarisation or registration requirements applicable to bills of sale in South Africa. In instances where the purchaser is a SA individual or juristic person, SACAA records will need to be updated to reflect that the purchaser is the new owner.

Sweden

If the ownership of the aircraft is transferred, the new owner has to notify the Authority of the transfer in order to change the registration in the Civil aircraft register. The new owner shall submit to the authority the following documents: 

  • An application for change of ownership (form L 1457) in original.  
  • A Bill of sale or a deed of ownership (form 1686 and 1691) in original or a certified true copy. 
  • Certificate of Registration, original document 
  • Certificate of Insurance which shows the Swedish registration mark (original document or certified true copy). The insurance company must be approved by the FSA.  
  • If applicable (only for companies or citizens domiciled outside the EEA), an application for exemption in original.  
  • Change of registered information regarding fixed distress beacon ELT406 (form L 1796).  

Further, if the party seeking registreration is a company, the agency requires a certificatie of the company’s registration from a governmental national company registration office or an authentic incorporation document along with a statement issued by notarius publicus, confirming the existence and authorised signatories of the Company. The documentation needs to be submitted in original and can not be older than six months. 

If the party seeking registration is a natural-born citizen of another country the agency requires a birth certificate stating the person’s citizenship. The document needs to be an original or a certified true copy no older than 12 months. Further, the agency requires a certified true copy of the seeking party’s passport.  

Further, to secure the ownership of the aircraft, the seeking party would also need to change the registration in the Registry of rights.  

Switzerland

Swiss registered aircraft, unless registered in the Swiss Aircraft Record (see section 12 hereinafter), are, as a matter of Swiss property law, considered as movable assets. As such, a transfer of ownership requires a valid underlying cause (e.g., a purchase agreement) and the transfer of possession. However, if registered in the Swiss Aircraft Record, transfer of title to such an aircraft can only be effected by recordation of the change of ownership in the Swiss Aircraft Record and on the basis of a written agreement between the seller and the buyer. 

The Bahamas

Legal title is transferred by way of, and effective at, the agreement of the parties to the transfer of legal title (whether for value or in the form of a gift). However, notice of the new owner of a registered aircraft is required to be provided to the Authority by the holder of the Certificate of Registration prior to the date of the acquisition. The owner is required to send to the Authority Form REG 014 | Change of Aircraft Details and submit supporting documents as outlined on the Appendix 1 of such form. The Certificate of Registration will be revoked if an application has not been submitted by the new owner at the date indicated in the notice. 

USA – Miami

FAA Bill of Sale (Form 8050-2) or its equivalent. The FAA Bill of Sale is available for download on the FAA’s website https://www.faa.gov/documentLibrary/media/Form/ac8050-2.pdf.  

USA – Oklahoma City

As noted in item #3 above, an applicant for registration must file with the FAA written evidence of the applicant’s ownership of the aircraft, such as a bill of sale. The bill of sale or other title conveyance is recorded with the FAA, provided that it meets the FAA’s requirements for recording. Following submission and processing of acceptable title transfer and registration documents, the FAA registry will update the registration records for the aircraft and issue the COR to the new owner. The same $5.00 USD registration fee noted above applies. The FAA generally does not require notarization or legalization of title transfer instruments, but local (e.g., state) law may require notarization or legalization.

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