Digital Aviation Document QAs

Electronic signatures and electronic documents in Albania are
governed by various pieces of legislation, namely, Law no. 9880,
dated 25.02.2008, “On electronic signature” (“E-Signature Law”),
Law no. 10273, dated 29.04.2010 “On electronic document,” Law
no. 107/2015 “On electronic identification and trusted services”
and the respective secondary legislation. The government has
currently completed the public consultation and is expected
to submit to the Parliament a new draft law, “On Electronic
Identification and Trust Services,” aiming to fully transpose the
EU eIDAS Regulation.

The aforementioned legal rules also apply to state authorities,
including the Albanian Civil Aviation Authority (“ACAA”);
however, the use and submission of documents with electronic
signatures with ACAA are not very common, and an established
practice has not been implemented yet, and therefore we
strongly recommend submitting documents signed in wet ink.

Based on the European Union Regulation (elDAS Regulation) and Austrian Regulation (E-Government-Act), Austro Control GmbH electronically signs certificates and issues the documents either in electronic or in paper format (since July 1, 2023).

The validity and enforceability of electronic signatures in The Bahamas is governed by the Electronic Communications and Transactions Act, Ch.337A (the “ECTA”). There are no digital platforms for the execution of documents.

There is no specific legislation in Bosnia and Herzegovina (“BH”) governing the use of documents executed with the use of digital platforms/electronic signatures by the BH Directorate for Civil Aviation (“BHDCA”) specifically.

However, electronic signing is generally governed by the BH Law on Electronic Signature (“BH E-Signature Law”), while there is no law that specifically regulates the use of digital platforms. In accordance with the BH E-Signature Law, all qualified electronic signatures have the equivalent legal effect of handwritten signatures.

We emphasize that although the BH E-Signature Law was adopted in 2006, the issuance of e-signatures in practice only started a few years ago. Although qualified electronic signatures have the equivalent legal effect of handwritten signatures, in practice, and to the best of our knowledge, local authorities (including the BHDCA) are reluctant to accept electronically signed documents.

All applications, along with the supporting documentation filed to the Directorate, must be in printed paper documents, in the original or certified copy version for some documents, and executed with a handwritten signature, according to the information we received from the BHDCA (on a no-name basis).

Since January 2021, documents (such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs) can be provided in digital format and filed electronically with the Brazilian Aeronautical Registry (‘RAB’) as long as such documents are signed digitally in accordance with the Brazilian Infrastructure of Public Keys – ‘ICP-Brazil’; otherwise, documents executed in ink must be digitally certified with ICP-Brazil by local Notaries in Brazil prior to file with the RAB. Other types of electronic or digital signatures are not accepted by the RAB. Additionally, if documents are executed in the English language, they must be translated into Portuguese by a sworn translator before submission with the RAB. Such translations must also be digitally certified. For documents executed abroad, please see also our reply to question 11 in relation to notarization and apostille requirements.

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.

Yes, the Document Management Program (PGD) was adopted by the Colombian Civil Aviation Authority. Code: GDOC-1.0-07- 002 Version: 1 Date of approval: 07/29/2021. Information can also be found in Information Circular No. 022 Data Messages, Electronic Signatures and Digital Signatures in Technical and Administrative Documents of the Flight Standards Directorate.

Provenance principle: 5100.082.022 Key: GIVC-1.0-22-003 Version: 02 Approval date: 10/23/2020.

No. Nevertheless, Costa Rica has a Law on Certificates, Digital Signatures and Electronic Documents N° 8454 (“Law”). Pursuant to article 1 of the Law, it is applicable to “to all kinds of transactions and legal acts, public or private, unless otherwise provided by law, or where the nature or particular requirements of the specific act or business are incompatible.”

The Law refers to the functional equivalence of the digital signature to the autograph signature. In the certified digital signature, the authorship and responsibility of its owner will be presumed, unless proven otherwise. Nevertheless, the Law expressly states that the use of electronic documentation will not be exempt from formalities required by law, such as the certification of signatures by a Public Notary and fiscal stamps, among others.

Certain legal acts, such as mortgages and the lease agreements of aircraft registered in Costa Rica, must be granted or notarized in public deed before a Public Notary of Costa Rica for its electronic registration at the National Registry. Accordingly, in those cases, said Law is not applicable as there is a formality of a public deed that must be complied with.

The Law regulates two types of signatures the digital signature and the certified digital signature. The certified digital signature is issued by an authorized certifier in Costa Rica.

There is no specific legislation in Croatia governing the use of documents executed with the use of digital platforms/ electronic signatures by the Croatian Civil Aviation Agency (“CCAA”) specifically.

However, Regulation (EU) no. 910/2014 (the “eIDAS Regulation”) established a framework for the use of e-signatures, e-seals, website authentication certificates, etc., for the entire EU area. In accordance with the eIDAS Regulation, all qualified electronic signatures have the equivalent legal effect of handwritten signatures.

On the other hand, all documents submitted to the Croatian Registry of Civil Aircrafts (“Registry”) maintained by the CCAA must be executed with signatures certified by a notary public. Since Croatia has not yet implemented digital notarization systems, provisions of the eIDAS Regulation that deem equal the legal effect of qualified electronic signatures and handwritten signatures are still without effect in these matters.

The Czech Republic is a member of the European Union, and the use of digital platforms and electronic signatures for the purpose of generating/using e-documents is regulated at the EU level through the eIDAS Regulation (Regulation No. 910/2014 on electronic identification and trust services for electronic transactions in the internal market). At the local level, the EU rules are implemented through the Electronic Acts and Authorised Document Conversion Act (No. 300/2008 Coll.) and the Electronic Transaction Services Act (No. 297/2016 Coll.).

No.

There are no specific rules regarding the use of digital or electronically signed documents with the Aviation Authority. However, the Law on Electronic Commerce grants digital and electronically signed documents the same validity and enforceability as physically signed documents.

The Law on Electronic Commerce differentiates electronic signatures issued by a duly licensed issuer in Ecuador from other valid electronic signatures (i.e., DocuSign or similar systems). For use with government entities in Ecuador, including the Aviation Authority, an electronic signature issued by a duly licensed issuer in Ecuador is required.

Additionally, documents to be registered with the Aircraft Registry must be notarized, and there is still no notarial process that acknowledges electronic signatures. Therefore, for documents to be registered with the Aircraft Registry, physically signed documents are required.

No, there is no specific regulation related to the use of digital or electronic signatures by the Aviation Authority. However, El Salvador enacted the Electronic Signature Law (“Law”), and pursuant to article 6 of the Law, a simple electronic signature shall have the same legal validity as a handwritten one. With respect to its legal effects, the simple electronic signature shall not have evidentiary validity in the same terms as those granted by this Law to the certified electronic signature; nevertheless, it N/A. may constitute an element of proof.

In addition, article 29 establishes that authorities, officials, and government employees that provide public services and perform acts within the scope of their competence may sign them by means of a simple electronic signature.

Article 30 establishes that in those cases in which government officials or employees issue any document or carry out administrative acts that grant rights, impose fines, or provide confidential information, it will be necessary to use a certified electronic signature. The certification service provider shall state in the certificate the character with which it will sign electronically, as well as the limits of its competence.

The Law expressly establishes that certified signatures cannot be used in those acts where the law specifically requires certain legal solemnities for their validity, such as mortgages. Lease agreements of aircraft registered in El Salvador must be granted or notarized in public deed before a Public Notary of El Salvador for its electronic registration at the National Registry. Accordingly, in those cases, said Law is not applicable as there is a formality of a public deed that must be complied with.

No.

France’s electronic signature legal regime lies within Regulation (EU) No. 910/2014 of July 23, 2014, and articles 1366 et seq. of the French civil code.

There is no specific rule as to the use of electronically executed documents by the Aviation Authority.

The Aviation Authority requires original documents to be provided for the purpose of registrations. Such originals may either be in wet ink or in electronic form (in the sense of electronic signatures with certificates provided by an EU regulation, “Electronic Identification Authentication and Trust Services” (eIDAS)).

Currently, there is no specific legislation in Germany ruling the using of documents executed with the use of digital platforms or any electronic signatures by the German Civil Aviation Authority (in German, “Luftfahrt-Bundesamt” or abbreviated “LBA”). However, submitting documents that are executed with electronic signatures will be accepted by the LBA if the document has been signed via DocuSign. Signatures created with DocuSign allow the specification of an ID code on the signature page. These ID codes can be traced back to DocuSign and provide proof of the authenticity of the signature.

If any person wants to submit a document to the LBA with an electronic signature not signed via DocuSign, the person should first check with the LBA whether that would be acceptable. The legal department of the LBA would, in such case, check whether such an electronic signature application is credible and the authenticity of the signatures secured.

In any event, it is not a way to submit documents that need to be provided in notarized (and if the notarization comes from a foreign notary also apostilled) form. This is in the particular case with the German Aircraft Mortgage Register, which is not at the LBA but at the Local Court Braunschweig and has much stricter rules in relation to the form of documents that need to be submitted to it in order to register a mortgage on an aircraft.

Furthermore, the official website of the LBA recommends submitting documents by using the postal service due to unencrypted communication via e-mail or fax, especially in the perspective of submitting inquiries containing personal data. The LBA further recommends submitting applications and documents by mail in their original form, especially when it comes to contracts, in order to ensure safety due to several hacker attacks in connection with the current war of Russia against Ukraine.

No. Nevertheless, the Law on Electronic Signatures (Decree 149-2013) and its Bylaw (Executive Agreement 41-2014) establish the regulation of the use and legal effectiveness of electronic signature.

The Law establishes that any electronic signature created or used outside Honduras shall produce the same effects as a signature created or used in Honduras, provided that they are issued by a reliable certifying authority and duly recognized at the international level and when these signatures present a degree of reliability as to the regularity of the details of the signature, as well as its legitimacy and validity.

Any manifestation with a representative or declarative character expressed or transmitted by an electronic means -whatever its means of transmission or storage- will have the same validity as those that were subscribed by paper and autographed signature, as long as the advanced electronic signature is used in the same.

The Law expressly states that the use of the electronic signature will not be applicable to the acts or contracts granted or celebrated in the following cases: 1) Those in which the Law requires a solemnity that cannot be fulfilled by means of an electronic document; and 2) Those related to Family law.

The Law regulates two types of signatures: the digital signature and the certified digital signature. The certified digital signature is issued by an authorized certifier.

The Information Technology Act, 2000 (“IT Act”) provides the legal framework for electronic signatures in India, enabling them to have the same legal effect as physical signatures when done in the manner prescribed under the IT Act.

All types of contracts can be executed using electronic signatures except the following:

• a negotiable instrument such as a promissory note or a bill of exchange;
• a power-of-attorney;
• a trust deed;
• a will or any other testamentary disposition; and
• a contract for the sale or conveyance of immovable property or any interest in such property.

Electronic signatures and documents executed with the use of digital platforms are accepted by the local aviation authority (Directorate General of Civil Aviation – DGCA), and no separate legislation exists for governing electronic signatures or digital executions within the aviation industry in India.

In Italy, the use of electronic signatures is governed by the Electronic Identification and Trust Services (eIDAS) Regulation (Regulation No. 910/2014 of the European Parliament and of the Council of 23 July 2014), which establishes a legal framework for electronic transactions across member States. Next to eIDAS, the primary legislation that governs electronic signatures in Italy is the Legislative Decree No. 82 of 7 March 2005 (also called “Codice dell’amministrazione digitale” or CAD), as subsequently amended and supplemented. Although the CAD mainly intended to regulate public administrations, some of its provisions, including those on electronic signatures and electronic documents, are also applicable to individuals and businesses.

The principal legislation on aviation in Kenya, the Civil Aviation Act No. 21 of 2013 (the Civil Aviation Act), does not make provision for the use of e-signatures. However, certain regulations under the Civil Aviation Act, such as the Civil Aviation (Air Operator Certification and Administration) Regulations, 2018 and Civil Aviation (Airworthiness) Regulations, 2018, extend the definition of a signature to include an electronic signature. Specifically, under these regulations, a ‘’signature’’ is defined as an individual’s unique identification used as a means of authenticating a maintenance record entry or maintenance record (emphasis ours). We would point out that the execution of documents by Kenyan companies would be governed by the provisions of the Companies Act No. 17 of 2015 (the Companies Act).

In Kenya, the legal recognition of electronic signatures is anchored on the Kenya Information and Communications Act (No. 2 of 1998) (KICA) and the Business Laws Amendment Act, 2020 (BLAA). Section 83P of the KICA mandates the relevant Minister to establish rules regarding the use of electronic signatures. To the best of our knowledge, no rules have so far been passed, and therefore the use of electronic signatures under KICA remains uncertain.

However, in 2020, several amendments were made to a variety of statutes by the BLAA, allowing parties to use electronic signatures to sign certain documents governed by the specific statutes including contracts which are governed by the Law of Contract Act (Cap 23 Laws of Kenya).

The Companies Act also recognises the use of electronic signatures. The term “sign” under the Companies Act includes the use of an electronic signature. This means that documents can be validly executed by companies incorporated in Kenya by electronic signatures, provided that the documents are executed either by two authorised signatories or alternatively by one director whose signature is witnessed as per section 37 (2) of the Companies Act. However, execution by a single director raises practical concerns, given that the director’s signature has to be witnessed. Additionally, the Companies Act does not define what an “electronic signature” means, and therefore, there is some uncertainty as to what would amount to an “electronic signature.”

We would also point out that there are some inconsistencies in the various laws governing the use of electronic signatures in Kenya. For instance, while the KICA requires an electronic signature to be authenticated by the issuance of a certificate, this authentication is not an express requirement under the Companies Act or any of the statutes amended by BLAA. The provisions of the Companies Act, the BLAA, and other statutes amendedbyBLAAtoallowforelectronicsignaturesareyetto be sufficiently tested before the Kenyan courts, and therefore, it is not clear if a document signed electronically under these laws would be impervious from a claim of invalidity due to the failure to obtain an authentication certificate from an Electronic Certification Service Provider (an e-CSP) as required under the KICA.

It is unclear whether the use and recognition of e-signatures under other statutes independent of KICA and its shortcomings now provide additional flexibility for parties wishing to use electronic signatures when signing documents governed by those respective statutes or whether the Kenyan courts would hold that the KICA is the principal law on e-signatures and therefore the execution of documents by use of e-signatures under any other statute other than the KICA must comply with the specific requirements set out under the KICA.

A bill of law on the electronic signature of administrative documents and amending the law of 25 July 2015 on electronic archiving has been lodged with the Luxembourg parliament on 27 October 2022 and is still pending; therefore, there is no specific legislation in force ruling the using of documents executed with the use of digital platforms or any electronic signatures by the Luxembourg Directorate of Civil Aviation.

The Aircraft Registration Act (Chapter 503 of the Laws of Malta) (the “ARA”) takes note of any formal requirements regarding aircraft registration; however, the ARA does not delve into the using of digital platforms or any electronic signature. Currently, there exists no strict procedure for the acceptance or otherwise of electronic signatures in terms of the Aircraft Registry; however, the Maltese Aircraft Register has introduced an online document management infrastructure (Centrik) that allows operators, lessors and financiers to submit any scanned copies of aircraft related documents on this platform. Through this platform, registry officials and inspectors will be able to provide their comments and/or verify the contents of any of the documents uploaded thereto.

With regards to security documents (such as mortgages, deregistration, power of attorneys and irrevocable deregistration and export request authorisations), the registry would also require original wet-ink versions of such documents.

While Mexico acknowledges the validity of electronic signatures through the Law of Advanced Electronic Signature (Ley de Firma Electrónica Avanzada), the Mexican Federal Civil Aviation Agency (Agencia Federal de Aviación Civil – “AFAC”) has not yet established specific regulations governing the use of digital platforms or electronic signatures for documents within the aviation industry.

In principle, the AFAC does not accept electronically executed documents as of this day. Furthermore, Mexico has ratified the Cape Town Convention on International Interests in Mobile Equipment (the “Convention”) and the related Aircraft Protocol (the “Protocol”). However, Mexico’s declarations have imposed limitations on the scope of the Convention, making the enforcement of remedies outlined in the Convention potentially impractical or inapplicable. Specifically, remedies under Article XI of the Protocol have been restricted, and no remedies can be exercised without court approval. Due to these limitations, IDERAs are not enforceable in Mexico at this time.

For further information on registrations with the Mexican Aeronautics Registry (Registro Aeronáutico Mexicano – “RAM”), please refer to L2B’s publication on Aircraft Title and Registration – Mexico.

There is no specific legislation in Montenegro regulating specifically the use of aviation documents executed with the use of digital platforms or any electronic signatures. Electronic signing in Montenegro is principally governed by the Law on Electronic Identification and Electronic Signature (“E-Signature Law”), the Law on Electronic Documents (“E- Document Law”) that regulates the use of electronic documents in legal transactions, its use before competent authorities and courts. These Laws also apply to all public bodies, including the Civil Aviation Authority (“CAA”).

On the other hand, there is no Law in Montenegro that specifically regulates the use of digital platforms.

There is legislation in Nigeria that provides for the use of electronic signatures and for the execution of documents, such as Leases, Security Agreements, Mortgages, Lease Assignments, Novation, and IDERAs. However, the relevant legislation does not specifically provide for the use of digital platforms; as a result of this, it is unclear whether the use of digital platforms is permissible in Nigeria.

The general rules relating to the use of digital platforms and electronic signatures are provided in the local Law on Electronic Documents, Electronic Identification and Confidential Services (“Electronic Documents Law”), which is aligned with Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market.

Other than the Electronic Documents Law, no special rules regarding the execution of documents with the use of digital platforms or any electronic signatures by the Civil Aviation Agency of the Republic of North Macedonia (“Aviation Authority”) apply. However, even though the general rules from the Electronic Documents Law should apply in procedures before the Aviation Authority, in practice, that is not the case due to different reasons.

For example, despite the fact that under the Electronic Documents Law, electronic form (including signature) is equivalent to written form, the authorities still have a conservative approach to what is considered “written form” under the Law on Obligations and Real Rights Matters in the Air Traffic. This law regulates matters regarding establishing leases or mortgages and requires written form for these purposes. At the same time, it provides only one explicit case when an electronic form is equivalent to a written form (i.e., in the case of agreements for the transport of passengers) and when a written form is not required. Hence, the agreements for leases or mortgages of aircraft should be in written (hardcopy) form. In addition, the security agreements/agreements for establishing mortgages are usually certified by a notary public in order to include so-called “enforcement clauses” and enable enforcement of the mortgage without a court decision. For this purpose, a wet ink signature is required during the procedure in front of the notary.

Norway has implemented the European Regulation on electronic identification and trust services for electronic transactions in the internal market (eIDAS), and in the private sector, electronic signatures are widely accepted. In the public sector, however, the acceptance of electronic signatures is limited.

According to the Public Administration Act section 15 a), it may be prescribed regulations relating to electronic communication between the public administration and the general public and to electronic case processing and communication in the public administration, including rules concerning the forms of electronic communication that may be used, signing, authenticating, securing integrity and confidentiality, requirements that apply to the products, services and standards that may be used etc.

However, no specific regulations have been made regarding the using of documents with the use of digital platforms or electronic signatures by the Aviation Authority.

There is currently no aviation-specific legislation in Pakistan governing the use of documents such as aircraft lease agreements, security agreements, aircraft mortgages, aircraft lease assignments or novation, and IDERAs executed with the use of digital platforms or electronic signatures for submission to or execution by the Pakistan Civil Aviation Authority (the “Aviation Authority”).

The relevant aviation laws, including relevant forms and notifications issued by the Aviation Authority from time to time, neither provide for nor envisage the use of digital platforms or electronic signatures on the aforesaid documents. Notwithstanding the foregoing, it may be worth noting that Pakistan has enacted the Electronic Transactions Ordinance 2002 (the “Ordinance”), which governs the use, legality and procedural formalities in relation to electronic documents and electronic signatures generally. The admissibility of documents executed electronically in legal proceedings in the courts of Pakistan is, therefore, determined in accordance with the Ordinance read with the law of evidence as set out in Qanun- e-Shahadat Order 1984 (the “Order,” i.e., the law of evidence in Pakistan).

No, there is no specific legislation regulating this procedure under the responsibility of the General Directorate for Civil Aviation (hereinafter DGAC), which is the Aeronautic Authority in Perú.

None as of this date.

Yes. Poland being a Member State of the EU, is bound by the eIDAS Regulation1, which i.e., obliges all Member States to recognize qualified electronic signatures (QES) as equivalent to a handwritten signature and to allow evidence from electronic signatures (not only handwritten) in legal proceedings (art. 25 of eIDAS Regulation).

The eIDAS Regulation regime is supported and expanded by national legislation. The Civil Code stipulates in art 781 that a statement in an electronic form that is signed using a QES is deemed equivalent to a written document. Furthermore, it is a general rule of Polish civil law that – unless there are statutory or contractual requirements to the contrary – documents, including contracts, can be made in any form., as long as the intentions and consent of all parties to a contract or another instrument is clear and can be proven before court.

All the above applies to administrative proceedings before the Polish Civil Aviation Authority and evidence presented in such proceedings, so in effect, parties can – in principle – rely on documents executed electronically as long as they can prove that authorized persons have indeed executed the document.

There is no specific local law or regulation applicable to the aviation sector.

Because Portugal is an EU Member State, the rules set forth by Regulation (EU) nr. 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market (eIDAS Regulation) shall apply, together with Decree-Law 12/2021 on the 9th of February, which regulates the effects, validity and probatory value of electronic documents and e-signatures.

Please refer to my answer to Question #3. For PR-specific documents (not preempted by federal legislation), local law allows for electronic signatures. 10 L.P.R.A.§4086. Also, please note that some of the documents mentioned in the question, ex. mortgages need to be executed through public deeds. In the case of public deeds in Puerto Rico, they cannot be executed either through digital platforms or electronic signatures. They are done in person.

There is no provision in the aviation legislation expressly providing that the Romanian Civil Aeronautical Authority (“RCAA”) must receive documents executed with the use of digital platforms or electronic signatures.

However, in relation to aircraft registration, Subchapter 1:6.1 para (1) of the Romanian civil aeronautical regulations “Registration of civil aircraft” Edition 1/2016 (hereinafter “Romanian Registration Regulation”) provides that all documents submitted to RCAA must be in original or notarized copy in accordance with Romanian law.

Law no. 455/2001 regarding the electronic signature (“Law 455/2001”) provides that “the electronic document that has an extended electronic signature incorporated, attached or logically associated, based on an unsuspended and unrevoked qualified certificate and generated with the help of a secured device for creating the electronic signature, is assimilated, as regards its conditions and effects with the document privately signed.” Furthermore, if the law requires for a document to be in writing as a condition of validity or proof, such condition is considered met if an extended electronic signature is included as per Law 455/2001.

Thus, a document bearing an extended electronic signature as regulated by Law 455/2001 is assimilated to an original document and should be acceptable for RCAA.

There is no legislation in Serbia governing specifically the use of documents executed with the use of digital platforms/electronic signatures by the Civil Aviation Directorate of the Republic of Serbia, as the local Aviation Authority (the “Directorate”).

Electronic signing is generally governed by the Law on Electronic Document, Electronic Identification and Trust Services in Electronic Business (the “Law”). In accordance with the Law, only qualified electronic signatures have the equivalent legal effect of handwritten signatures.

However, in practice, the Directorate does not accept submissions of electronic documents such as PoAs, Lease Agreements, Novation Agreements or Mortgages. Therefore, such documents which are filed with the Directorate should be signed in wet ink.

In Slovenia, electronic signing and the use of digital platforms are generally governed by Regulation (EU) No 910/2014 on electronic identification and trust services for electronic transactions in the internal market (“eIDAS Regulation”). The elDAS Regulation does not specifically rule the use of documents such as Security Agreements, Mortgages, Lease Assignments, Novation and IDERAs executed with digital platforms or electronic signatures. General rules of the eIDAS Regulation also apply to the documents mentioned.

Generally, electronic form (including signature) is equivalent to written form, provided that the information in electronic form is accessible and available for future reference. Digital platforms may be used; however, the validity of such signatures may be challenged, so it is recommended to use qualified electronic signatures, which are only electronic signatures that are equivalent to a handwritten signature. Therefore, if a document or agreement must be hand-signed, the only electronic signature that may be used is a qualified electronic signature.

Civil Aviation Agency Slovenia (“Agency”) does not issue electronically signed documents.

In general terms, aircraft transaction documents are still being signed and executed in the traditional manner (i.e., handwriting). In fact, the regulations of the Spanish Aircraft Registry specifically request that signatures be legalized by a notary public. Digital signatures are also permitted, but only for so long as they are “advanced and qualified digital signatures”, i.e., those which have been awarded by certain Spanish official bodies. Normally foreign parties do not have this kind of signature. As a result, documents executed through public platforms that are not officially accepted by the Spanish authorities would not be acceptable.

At this time, the Swedish Aviation Authority does not have a digital platform capable of electronic submissions of registration for ownership, leases etc. Furthermore, the authorities do not, at this point, accept digitally signed agreements as the foundation of registration matters. The trend in Sweden is, however, that public authorities strive towards digital handling of such matters, and it can be expected that in the near future, the submission of registration will be available digitally.

The Swiss Federal Act on Electronic Signatures (ZertES) governs the legal framework for electronic signatures, the use of digital signatures, providers of digital signatures as well as rights and obligations. In particular, this act sets out the requirements for electronic signatures to be considered equivalent to handwritten signatures as set forth by the Swiss Code of Obligations. The electronic signature regulated by the ZertES is a technical procedure for guaranteeing the integrity of a document and the identity of the signatory. It is based on an infrastructure managed by certified service providers.

However, the Swiss Federal Office of Civil Aviation (FOCA) administration the Swiss aircraft registry (being the Swiss aeronautical registry) and the Swiss aircraft record (which is a separate registry, where rights in aircraft (such as ownership, mortgages and leases are recorded)) has not issued regulations governing the use of electronic documents.

Electronic Signature Law regulates the merits and procedures concerning the electronic signature. Electronic Signature Law does not provide a certain list of documents that can be executed with the use of the electronic signature but provides that any document except documents subject to a mandatory formal procedure according to laws and regulations, Letter of Bank Guarantee and Surety Bonds drafted by the insurance companies based on Turkey. Pursuant to the Circular on Registration of Financial Lease Contracts Covering Financial Leases of Persons Residing Abroad to Persons Residing in Turkey and Circular on IDERA Financial Lease agreements and IDERAs shall be carried out by a notary public. Therefore, it is not possible to use electronic signatures.

There is specific legislation in the United States that addresses the use of electronic signatures and documents in various industries, including aviation. The Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) are two federal laws that provide a legal framework for the use of electronic signatures and documents in interstate and intrastate commerce, respectively.

The Federal Aviation Administration (FAA) has also issued guidance on the use of electronic signatures and documents in various areas of aviation, including pilot certificates, aircraft registrations, and maintenance records. The FAA’s guidance generally follows the requirements of ESIGN and UETA, which provide that electronic signatures and documents are generally valid and enforceable so long as they meet certain requirements, such as demonstrating the signer’s intent to sign and maintaining an accurate record of the signature. Furthermore, the FAA requires electronic signatures to be digital signatures and follow certain requirements.

Regarding specific documents like leases, security agreements, mortgages, lease assignments, novation, and IDERAs, the validity of electronic signatures and documents will depend on the specific state law governing the transaction, as well as any specific requirements or guidelines issued by the FAA or other relevant regulatory agencies. It is recommended to consult with legal counsel and review applicable laws and regulations to ensure compliance.