Browse by Question
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.
Aircraft Title & Registrations
One of the most important issues in the aviation industry is the proper registration of an aircraft, and the many issues that arise during the purchase or financing of an aircraft. Each civil aviation administration has varying requirements in order to register an aircraft, including the types of documents that are required and whether there is a citizenship requirement, among other requirements. Some countries are operator registries (meaning that an aircraft is registered in the name of the operator), while other countries are owner registries (meaning that the aircraft is registered in the name of the owner). Registering an aircraft can be a complicated process, and having aviation counsel can certainly help you navigate through the many considerations and issues that can arise.
Other issues can arise during the registration process if you have a financing or lease structure involved in the transaction. You will need to determine how to perfect those interests in your respective jurisdiction. For example, in the United States, one of the types of structures that can greatly impact the registration of an aircraft are leases with purchase options. If the purchase option in the lease is considered the equivalent of a conditional sales contract (your aviation counsel will need to analyze the purchase option to see if it meets the requirements), then the registration of the aircraft is proper in the name of the lessee instead of the lessor. These types of scenarios need to be addressed and discussed at the outset of a transaction to avoid delays in the registration of the aircraft.
Another consideration during the registration process is determining whether your jurisdiction has ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol (collectively the “Treaty”). If your jurisdiction has ratified the Treaty, then there are additional topics to consider, including whether your jurisdiction requires an Authorized Entry Point code in order to register interests on the International Registry, the types of registrations to be completed and the order of same, and if all parties involved in the transaction have Transacting User Entities accounts, among others. The Treaty adds another layer of complexity to any transaction, and needs to be discussed prior to any transaction to ensure that all necessary requirements are completed ahead of a closing.
Given the litany of issues that may arise during the aircraft registration process, the L2b Aviation expert lawyers have committed to summarizing the most relevant information in each of the jurisdictions where L2b members are present. These summaries are only for reference purposes, and the facts of a particular transaction may change the documents needed or the registration process.
This publication should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information only.
Download the L2b Aircraft Title and Registration Publication