Contributor: MICP Legal

Author: Rodrigo Marré Grez, Francisco Fernández Silva, Vicente Karmelic Alcalde, Sebastián Wielandt.

1. Which authority is in charge of the civil aviation registry in Chile? Does Chile use a single-registry system or is there a dual-registry system in place?

The specific legislation in Chile is Law Number 19.799 on Electronic Documents, Electronic Signature and Certification Services of such Signature, which allows the execution of acts and contracts to be subscribed by means of electronic signature, as long as the law does not require:

(1) A solemnity that cannot be fulfilled by the use of an electronic document or signature;

(2)  The personal attendance of any of the parties; and

(3)  Acts and contracts related to family law.

Therefore, the special aeronautical legislation requires for the aforementioned acts (leases, security agreements, mortgages, lease assignments, novation and IDERAs) the solemnity of being granted by a public deed or by a private instrument authorized before a Notary Public. Therefore, it is not possible to celebrate them through the use of an electronic signature.

To comply with these solemnities, foreign leasing companies grant powers to representatives in Chile to execute acts and contracts in Chile.

2. Is the registry an operator registry or an owner registry (or both)?

In accordance with the previous point, it is not possible to execute aeronautical contracts using electronic signatures.

However, it is possible to execute acts and contracts of common civil legislation using electronic signatures. In this case, an advanced electronic signature should be used. The advanced electronic signature is granted by a local electronic signature provider accredited by the Ministry of Economy and certifies the identity of the signatory, also attesting to the date and time of the signature. Therefore, documents signed with advanced electronic signatures have the quality of a Public Instrument.

3. What are the requirements and documentation to register an aircraft in Chile? Include references to formalities such as notarisation, legalization, etc.

No. The General Directorate of Civil Aeronautics maintains the National Aircraft Registry in which annotations are submitted by an e-mail request to the General Directorate of Civil Aeronautics

(“DGAC”), regarding ownership, leasing, mortgages, operating authorization, among others. Although the submissions are made by e-mail, the register does not function through an electronic platform.

4. What fees are payable to register an aircraft in Chile?

No. It is not possible to upload documents electronically for registration before the DGAC.

5. Are there any weight and/or maximum age restrictions to register an aircraft in Chile?

No. Aeronautical acts and contracts require, in accordance with the law, to comply with the respective solemnity depending on the act of contract, alongside the registration in the DGAC ́s registry, to be valid and enforceable.

6. Does registration of an aircraft in the national registry constitute proof of ownership under the laws of Chile?

Yes. The Chilean judicial system has enabled a Judicial Virtual Office where the parties may file all types of petitions, lawsuits, appeals and kinds of procedural documents in electronic form, as long as they have a registered user.

The Judicial Virtual Office can be accessed at the following link:

7. How is an aircraft title transfer effected in Chile? What are the formalities required to register such title transfer in the national registry of Chile (e.g., notarization, legalization etc.)? Please summarize the related costs and procedures.

Yes. The courts in Chile allow the filing of procedural documents by means of simple and advanced electronic signatures. Generally, the advanced electronic signature is required by courts to submit the power of attorney.

8. What information and details are reflected in the certificate of registration of an aircraft?

Generally, acts and contracts can be celebrated using an advanced or simple electronic signature with no additional formal requirements.

However, as stated in response number one, the Law determines that the electronic signature cannot replace the special solemnity that some acts require, such as their annotation in a registry or to grant them by means of a public deed.

9. Are the entries in the aircraft registry of Chile made available to the public upon submission of a specific application to the competent authority? Are there any fees payable for this?

According to what has been previously stated, it is not possible to celebrate such acts using a digital signature due to the legal solemnities they require.

10. What kind of aircraft operations can be conducted with aircraft registered in Chile (i.e., private use, commercial air transport or both)?

No. The use of encryption tools is not a widespread practice in the industry. Additionally, it should be noted that the registered documents are public and can be reviewed by anyone requesting the registration certificates.

As mentioned, acts and contracts related to aviation law must be executed through physical documents that later need to go through the process of notarization, and therefore, they cannot be replaced by digital instruments.

11. Does the civil aviation authority in Chile authorise the operation of foreign registered aircraft? If so, with which countries has Chile entered into bilateral agreements on the basis of article 83-bis of the ICAO Chicago Convention for the delegation of regulatory oversight?

As previously mentioned, for acts and contracts subject to registration to be valid, they must be executed in accordance with legal formalities, particularly before a Notary Public. That is to say, Chilean law requires that they be granted in Chile or, if granted abroad, to be done before the Chilean consul.

Given the above, for the purposes of aeronautical contracts, it would not be possible to use the apostille, which can be used in the common civil legislation.

a. Has Chile implemented the e-Apostille program?

Yes. Chile has implemented the e-Apostille program, applicable to contracts that are not regulated in the aeronautical legislation.

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