Aicraft Title & Registrations: Colombia
Contributor: José Elías Del Hierro Hoyos, Daniela Ospina, Juliana Téllez and Esteba Jaramillo
1. Which authority is in charge of the civil aviation registry in Colombia? Does Colombia use a single-registry system or is there a dual-registry system in place?
In Colombia, the Colombian Civil Aviation Authority is in charge of the aviation registry, through its Register Office which studies, analyzes, and registers the aircraft in Colombia.
There is one single registry called the “Aeronautical National Registry.”
2. Is the registry an operator registry or an owner registry (or both)?
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.
3. What are the requirements and documentation to register an aircraft in Colombia? Include references to formalities such as notarisation, legalization, etc.
According to Colombian Aeronautical Regulations (RAC), numeral 20.7.9, the registration procedure for any document, title, or act consists of four stages: Initial filing, assessment, registration, and proof of registration. Before starting the registration procedure, the party needs to confirm which documents are required, as the process may change depending on the nature of the act or contract to be registered.
4. What fees are payable to register an aircraft in Colombia?
To register an aircraft in Colombia, the following conditions must be fulfilled:
The aircraft must be a civil aircraft whose owner or operator is allowed by law to be the owner or the operator of a Colombian aircraft or must be a State aircraft authorized by law to be operated in commercial services. If it is a foreign aircraft, the aircraft must have a Certificate of Deregistration from the previous country where it was registered and all legal requirements of its import to Colombia. Make the required payment to the CAA for the process.Once these conditions are verified, the following requirements established by 20.5.3.2.3 of the Colombian Aeronautical Regulations (RAC) must be fulfilled:
complete details of the person or the company requesting the register; complete description of the aircraft; pictures of the aircraft once it has the granted fin; a completed form given by the CAA with all the registration information (the authority makes this form once they do an inspection of the aircraft); verification of personal information; purchase agreement or Public deed; Certificate of the deregistration in other State; form with antidrug information required by Resolution 024 of 2006; and payment support.General documents must be sent to the CAA, according to numeral 20.7.8 of Colombian Aeronautical Regulations (RAC), which include:
Two copies of the original, or authentic copy of the document, which will be registered with its annex. Payment support. Certificate of legal representative of the owner or the operator. This certificate in the cases where the register is to transfer the operator, or the transfer of the ownership must be issued for a maximum of two months before the filing.5. Are there any weight and/or maximum age restrictions to register an aircraft in Colombia?
The amount to be paid depends on the aircraft maximum gross weight according to Resolution 4338 of 2019 issued by Colombian CAA.
6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of 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.7. How is an aircraft title transfer effected in Colombia? What are the formalities required to register such title transfer in the national registry of Colombia (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
In Colombia there are no restrictions for weight or age of an aircraft.
8. What information and details are reflected in the certificate of registration of an aircraft?
An aircraft must be registered in the national registry to constitute proof of ownership in Columbia. It is not only proof of ownership, but also required to become owner, the public deed itself is not proof enough until it is registered.
9. Are the entries in the aircraft registry of Colombia made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?
The procedure is the same as described in question four. These four stages are for any document, title, or act, and could be summarized as: initial filing, assessment, registration, and proof of registration (RAC 20.7.9).
According to the Colombian Aeronautical Regulations (RAC) 20.7.7.5, the specific documents required for this process are:
certificate of legal representative (no older than two months before the registration day); verification of personal information; import certificate; and payment support.10. What kind of aircraft operations can be conducted with aircraft registered in Colombia (i.e., private use, commercial air transport or both)?
Each certificate in the Aeronautical National Registry displays the following information:
identification of the aircraft such as nationality, brand, serial number, manufacturer’s designation, etc.; owner name; operator name; legal aspects: mortgages, leases, warranties, liens, ownership restrictions, etc.; and CAA’s observations.11. Does the civil aviation authority in Colombia authorise the operation of foreign registered aircraft? If so, with which countries has Colombia entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?
Colombian Aeronautical National Registry is a public registry. However, a fee is required for anyone who wants to obtain the certificate up to approximately $10 USD according to Resolution 4338 of 2019 issued by the Colombian CAA.
12. Is there a separate register of aircraft mortgages and/or leases and/or security interests in Colombia?
The Colombian Aeronautical Regulations, in its third part, foresees different types of operations that can be conducted by an aircraft. An aircraft registered in Colombia could be used for commercial, private, and what has been known as special services, which include a variety of operations such as aerial ambulance services or aerial spraying.
13. What are the formalities required to register a mortgage / lease / security interest in the national registry of Colombia (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.
According to article 1865 of Colombian Commercial Code, Colombian companies may provide international air services with foreign aircraft as a result of collaboration or integration agreements with foreign airlines or multinational air transport companies. The aeronautical authority will authorize such special forms of operation.
14. Is a mortgage priority notice an available security instrument for aircraft financiers in Colombia?
Ownership, mortgages, liens, leases, and security interests are all recorded in the Aeronautical National Registry.
15. Does an aircraft mortgage duly registered in the national registry of Colombia extend to engines and other parts of such aircraft (either installed or not on the airframe)?
According to article 1904 of the Colombian Commercial Code, the mortgage and transfer of ownership must be in a public deed and comprise all the specifications required for registration in the Aeronautical National Registry. Liens shall come in a judicial decision, and the rest of the interests or rights can be in a private document, which is generally a contract.
As previously discussed in question 4, according to 20.7.9 of the Colombian Aeronautical Regulations (RAC), the registration procedure for any document, title, or act consists of four stages: initial filing, assessment, registration, and proof of registration.
Finally, the cost of registration depends on the aircraft maximum gross weight according to article one of Resolution 4338 of 2019 issued by Colombian CAA.
16. What statutory liens (if any) would rank prior to an aircraft mortgage duly registered in the national registry of Colombia?
Due to its public nature, the mortgage registration in the Aeronautical National Registry gives anyone information about the priority of the financer’s rights over the aircraft. Colombian legislation has given priority to other credits over the mortgage as explained in question 18.
17. Do the laws of Colombia 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)?
According to article X of Act 834 of 2003 and article 1904 of Colombian Commercial Code, the mortgage extends to spare parts, engines, electronic equipment, and other parts permanently incorporated and essential to the aircraft operation. Those mortgage particularities have to be registered in the same registration sheet of the aircraft issued by the National Aeronautic Registry of Colombia.
18. Are foreign law-governed security agreements (e.g., mortgages) recognized in Colombia in order to validly create a security interest over an aircraft registered in the national registry of Colombia? If so, are there any formalities/requirements to bear in mind?
According to the Colombian Commercial Code, there are several liens that are ranked prior to the mortgage. These credits listed in article 1905 are in order of priority below:
taxes owed to the government levied by aircraft; crew’s last month wages; the compensation owed due to assistance during the lien; the expenses to preserve the aircraft in good shape while the process is going on; and compensation for damage caused by the aircraft in the last year and that is not covered by insurance.19. Are foreign law-governed leases recognized in Colombia in order to validly lease an aircraft registered in the national registry of Colombia to a lessee incorporated in Colombia? If so, are there any formalities/requirements to bear in mind?
The Colombian Commerce Code has specific rules for aircraft repossession within articles 1904-1090. The order of the judge must be registered first in the Aeronautical National Registry and then repossession of the aircraft can take place. However, if the aircraft is a passenger commercial aircraft, it cannot be repossessed until either the decision is not subject to more appeals, or the aircraft has been out of service for more than a month.
20. Has Colombia ratified the Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol? Has Colombia made any declarations to better determine the scope of application of the Convention / Protocol in Colombia? 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?
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. This disposition is limited to aircraft 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.
21. What are the requirements and documentation to deregister an aircraft from Colombia? How does the aircraft deregistration process work?
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.
22. What fees are payable to deregister an aircraft from Colombia?
The Cape Town Convention on International Interests in Mobile Equipment and the related Aircraft Protocol were introduced to the Colombian legal system through the Act 967 of 2005 and declared in full accordance with Colombian constitution in the Colombian Constitutional Court’s decision C-276 of 2006.
Colombian Aeronautical Regulations in 20 (RAC 20) distinguishes between the international registry and the Aeronautical National Registry.
23. Is the consent of the mortgagee / lessor (as the case may be) required in order to deregister an aircraft from Colombia?
It is possible to deregister an aircraft in any of the following situations:
If the Colombian CAA authorized registration of the aircraft in another country. When the Colombian CAA authorizes the export of the aircraft. When the aircraft, according to the current law, should be put out of service. If an aircraft is destroyed or disappears, both situations must be proved. When the Colombian CAA determines that the registration was completed incorrectly. When the reasons that lead to the approval of the registration change in a way that the registration is not valid according to the current law.The deregistration can start by a CAA’s own decision or by the owner or operator’s request. The CAA shall follow the general administrative procedures provided by the Act 1437 of 2011. During this process, the CAA is allowed to request additional evidence in order to motivate its decision, which could extend the process longer than initially expected.
24. What are the usual practical difficulties (if any) involved in deregistering aircraft from Colombia?
To start the deregistration process, the CAA requests a fee previously established in a resolution issued by the same authority. Today, Resolution 4338 of 2019 states that the amount for deregistering an aircraft is up to approximately $208 USD.
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?
Numeral 20.5.3.3.2 of Colombian Aeronautical Regulations (RAC) states that the liens must be cancelled before the deregistration, but exemptions to the cancellation of those liens made by the creditors are allowed.
26. Please outline the applicable repossession rules under the national laws of Colombia (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 Colombia.
It will depend on each case. There is no way possible to give an exact time in this case.