Digital Aviation Document QAs

Foreign entities not located in Albania may execute Lease Agreements or Finance Documents with digital signatures in accordance with the law of the country governing the documents. If documents are governed by Albanian law, a qualified electronic signature must be used to ensure full validity and enforceability with that of a handwritten/wet-ink signature. However, please note that submission of electronic documents with electronic signature with the ACAA is still not possible and authenticated hard copies will be required (please refer to the answer under question 11).

Regarding other formalities on foreign documents, they must be apostilled or legalized and translated into Albanian in order to be filed with ACAA.

Certificates from the European Union or the European Economic Area are generally equivalent to certificates from Austrian trust service providers. This especially applies to qualified certificates.

Certificates from third countries can be used in the European Union or the European Economic Area for non-qualified electronic signatures or seals (see Articles 25 (1) and 35 (1) of the eIDAS Regulation). However, they are only considered qualified certificates if they are issued within the framework of a trust service recognized under an agreement concluded between the Union and the third country concerned or an international organization pursuant to Article 218 TFEU.

Yes, this is possible, so long as the provisions of the ECTA referred to above are observed.

No, they can’t. All of the documents that are to be filed for registration with the Aviation Authority in BH must be filed in written form with an ink signature, according to the information we obtained from the BHDCA (on a no-name basis). For further information, please see the answer to question three about digital signatures and the answer to question one of this questionnaire.

Foreign entities are allowed to execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority as long as the requirements described in our replies to questions 1, 2 and 11 have been fulfilled.

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.

Digital signatures are recognized as valid for the execution of aircraft lease agreements or finance documents as long as they comply with the requirements set out in the regulations. This means that foreign entities not located in Colombia can execute these documents using digital signatures, which can be filed for registration with the Aviation Authority in Colombia.

However, it’s important to note that the digital signature must be provided by a certification authority that is recognized in Colombia, and the signature must be created using a secure device or mechanism that ensures the integrity of the document.

Additionally, the lease agreement or finance documents must be accompanied by other required documents, such as the registration certificate of the aircraft, and must comply with other regulations regarding aircraft registration and operation in Colombia. In summary, foreign entities not located in Colombia can execute lease agreements or finance documents with digital signatures to be filed for registration with the Aviation Authority in Colombia as long as they comply with the requirements set out in the regulations, including the use of a recognized certification authority and compliance with other formalities.

In the cases of registered aircraft in Costa Rica, a notarized version of the agreement must be filed at the Aviation Authority and the National Registry; any digital signatures must be certified and apostilled. Lease agreements that shall not be registered, such as wet leases, are admitted with a digital signature. Finance documents must be filed with the corresponding apostille, especially for the certification of a route or its renewal.

Due to Croatian legislation prescribing that signatures on any documentation to be filed for registration with the Registry must be notarized by a notary public (and with Apostille if executed in a country for which an Apostille is required), digital signatures are not possible yet.

It depends on what type of digital signature is used. If the digital signature complies with the QES standards under the eIDAS Regulation, then there is no doubt this can be used for the purpose of execution, as the QES must be recognised throughout the European Union. As concerns other types of signatures, including those from non-EU countries, it will highly depend on the requirements for the documents concerned (under the governing law).

All of these documents must be physically signed. If signed abroad, they must be legalized and apostilled for them to be valid in the Dominican Republic. If the country in which the document is being signed is not part of the Hague Agreement, then that jurisdiction’s apostille equivalent must be presented.

No, since the documents need to be duly notarized, and if granted outside of Ecuador, also apostilled.

Documents executed outside El Salvador must follow the formalities of the country of issuance -whether the signatures are digital or not-, but to be registered in El Salvador, such documents must be apostilled. Generally, finance documents on foreign aircraft are not subject to registration.

No, it is not possible to register any Finance Documents with the Aviation Authority in Finland (Traficom). There is also no form prescribed by law for such Agreements.

Yes.

Aircraft Lease Agreements may be submitted to the LBA with electronic signatures if that is permitted according to the applicable law of the lease agreement.

In relation to aircraft mortgage documents, please see our answer to number three above.

Yes, foreign entities can execute Lease Agreements or any Finance documents with digital signatures. However, these documents must be notarized and apostilled for their registry.

Yes, foreign entities not located in India can execute lease agreements or any finance documents with digital signatures. The signatory must be authorized by the board resolution of the foreign entity, and any executed document that is brought into India (including in the electronic form) entails payment of applicable stamp duty.

Lease Agreements and Financial Documents are not submitted for registration (for example, in order to register a pledge on an aircraft in the Aircraft Register, it is not required to submit a pledge agreement). As aforesaid, in order to register a pledge on an aircraft, original documents or certified copies must be delivered physically to the Aircraft Registrar. The documents can be submitted by the parties thereto and/or someone on their behalf so that the presence of the parties is not required. As far as the signature of the documents is concerned, we are not aware of formal instructions or guidelines in this regard, but the expectation of the authorities (Based on an inquiry) is that the documents would be signed physically (rather than electronically).

In order to operate a leased aircraft, the lessee must provide the CAAI director with a copy of the Lease Agreement, which includes the details specified in Regulation 48 of the Air Navigation Regulations (Operation of Aircraft and Flight Rules) 1981, within 72 hours of its execution, and a copy of such Lease Agreement must be kept on the aircraft. Further, the lessee or the registered owner of the aircraft, if the lessee is not an Israeli citizen or permanent resident of Israel, must notify the CAAI director or someone on his behalf at least 48 hours before the first departure of the aircraft under the lease agreement, such notice to include the name of the airport from which the aircraft is to depart, the date of the departure and the registration mark of the aircraft.

Yes. Foreign entities not located in Italy may execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Aviation Authority. Furthermore, ownership may be registered with the Italian Aircraft Registry. Pursuant to Article 750 of the Italian Navigation Code, aircraft may be registered with the Italian Aircraft Registry, provided that certain nationality requirements are met.

In order to register a lease interest, a Lease Interest can be registered with the Italian Aircraft Registry by submitting to ENAC a copy of the relevant lease agreement previously filled with the Italian Public Registry of Private Deeds. If such a lease agreement was in a foreign language, the said registry and ENAC would require a sworn translation into Italian thereof.

Whilst Kenyan law recognises the use of electronic signatures (subject to the issues highlighted in our responses to questions 1 and 2 above), from our experience, different government registries, including the KCAA and the Companies Registry, often insist on wet-ink signatures before registering a document. In addition, the Collector of Stamp Duty may also insist on being provided with wet-ink signatures of documents such as lease agreements and finance documents for the purposes of assessing and stamping. Therefore, while a foreign entity can execute lease agreements or finance documents with digital signatures under foreign law, there can sometimes be practical challenges with the registration of documents in Kenya for the reasons stated above.

As explained under question 1 above, there is no specific legislation in force in Luxembourg regulating such a process.

Foreign entities not located in the Maltese jurisdiction are authorized to execute Lease Agreements with the Aviation Authority so long as the law governing the lease agreement permits it to do so.

Finance documents other than a Maltese mortgage, IDERA and DPOA are not registerable here in Malta and, therefore, will not be requested by TM-CAD. With regard to the aforementioned documents, wet-ink signatures will be required, and digital signatures will not be accepted.

Lease agreements or finance documents can be executed with digital signatures, meeting the requirements mentioned earlier. However, for registration of any document with the RAM, notarization is mandatory in Mexico. Notarization in Mexico involves the execution of documents with wet ink signatures on original copies.

If the documents are issued and executed abroad, they must undergo notarization and further apostilling or legalization, as applicable. Additionally, if the documents are in any language other than Spanish, a Spanish-certified translation must be provided by a Mexican court-approved expert translator.

For further information on registrations with the RAM, please refer to L2B’s publication on Aircraft Title and Registration – Mexico.

In general, there is no direct ban on foreign entities that are not located in Montenegro to conclude lease agreements or sign any financial documents with digital signatures. Of course, in each specific case, care must be taken as to whether it is a contract or a document that is required to be drawn up in a certain form, such as the form of a notary record, or whether it is a document that must be signed by hand.

However, please note that electronic registration with the CAA is still not possible. The CAA also does not accept electronically signed documents.

Foreign entities not located in Nigeria can execute lease agreements and finance documents with electronic signatures to be filed for registration with the Aviation Authority. Where such a document is sought to be admissible, the conditions stated in Section 84 (2) of the Evidence Act are required to be satisfied.

Although there are no legal obstacles to the acceptance of digital signatures, the Aviation Authority in North Macedonia is, in practice, reluctant to accept digitally signed documents. Hence, it advised that all documents filed for registration with the Aviation Authority in North Macedonia contain a handwritten signature.

No. The Norwegian Civil Aircraft Register does not accept digital signatures, either from Norwegian entities or foreign entities.

Yes, as a matter of law, foreign entities may execute the relevant Lease Agreements and Finance Documents with electronic signatures in view of the provisions of the Ordinance, in particular, Section 7, whereby the requirement under any law for affixation of signatures shall be deemed satisfied where electronic signatures or advanced electronic signature are applied. However, as a matter of practice, the risk of the Aviation Authority requiring submission of the Lease Agreements executed in wet ink by the relevant parties may not be completely disregarded.

Are there any other formalities required?

Lease Agreements and Finance Documents, generally, are required to be witnessed by either two adult males or one adult male and two females in order to be admissible in evidence in the courts in Pakistan.

Under the Constitution of Pakistan 1973 (the “Constitution”), stamp duty is a provincial subject and falls within the domain of the Provincial Assembly. While the rates of stamp duty vary from province to province, the basic legislation is largely similar, if not identical. The relevant nexus for the attraction of stamp duty under Pakistan law is the place of execution of an instrument rather than the jurisdiction of incorporation of a party to an agreement.

Pursuant to section 17 of the Stamp Act 1899 (the “Stamp Act”), all instruments chargeable with duty and executed by any person in Pakistan must be stamped before or at the time of execution. Section 18 of the Stamp Act states that if an instrument chargeable with duty is executed out of Pakistan, it must be stamped within three (3) months after it has been first received in Pakistan. An instrument executed outside Pakistan is chargeable to duty in Pakistan only if it relates to any property “situated in Pakistan or to any matter or thing done or to be done in Pakistan and is received in Pakistan.”

Under section 35 of the Stamp Act, unless an instrument is duly stamped, it shall not be admissible in evidence in the courts in Pakistan. However, clause (e) of the proviso to section 35 of the Stamp Act states that the provisions of section 35 of the Stamp Act shall not prevent the admission of any instrument in any court of Pakistan when such instrument has been executed by or on behalf of the Government. “Government” is not defined in the Stamp Act. However, under the General Clauses Act 1897 (the general law inter alia defining commonly used terms in legislation), “Government” includes both the Federal Government and the Provincial Government.

Not stamping a document that is required by law to be stamped could result in it being impounded under the Stamp Act. Execution of a document prior to stamping would render the document liable to a penalty, being the unpaid applicable stamp duty plus up to ten times the applicable stamp duty.

Yes, foreign entities may sign all types of agreements or finance documents with digital signature or electronic signature; however, for their registration at Peruvian entities, they must have an apostille or consular legalization. In that regard, the use of digital or hand signatures depends really of the requirements to apostille or for consular legalization.

No. Any document signed outside the Philippines for filing at the Aviation Authority would require such document to be either apostilled or consularized at the Philippine Consulate.

See pt. 1) and 2) above. Yes, foreign entities not located in Poland can execute Lease Agreements and Finance Documents with digital signatures. However, for practical purposes (to make proof of valid signing easier), it is best to either have hand-signed copies or use a qualified electronic signature.

Portuguese CAA requires all documents and agreements to be notarized with express confirmation of the signatory’s powers to bind the company. Thus, e-signatures cannot be used.

For documents from foreign entities, legalization or the Apostille of the Hague Convention shall also be required.

Please refer to my answer to question #3. However, I will add that if any real property was involved, it would need to also comply with the Puerto Rico requirements. However, I don’t think that’s the case with the registration involved with the Aviation Authority.

Foreign entities not located in Romania may execute documents with a digital signature as long as the requirements provided by Law 455/2001 are met. For details, please see Answer to Question no. 2.

No. Documents submitted to the Directorate have to be executed in wet ink. For example, documents such as IDERA (please note that Serbia didn’t ratify the Cape Town Convention and an equivalent to IDERA would be a deregistration PoA) must be notarized under Serbian law, which means that such documents signed by entities not located in Serbia would have to be notarized and depending on country of notarization, apostilled (or legalized).

Foreign entities not located in Slovenia may execute Lease Agreements or Finance Documents with digital signatures (if written form is required, qualified electronic signatures must be used). Lease Agreements must be concluded in a written form, whereas written form includes electronic form and, therefore, a qualified electronic signature.

In addition to the remarks made in the previous points, AESA’s Resolution of 3 November 2021 contemplates a specific procedure so that non-Spanish companies and citizens may obtain an official digital signature that enables them to interact with AESA’s platform. This system is styled e4F (eSignature for Foreigners). However, as mentioned previously, the system does not allow for the execution of transaction documents.

No, the Aviation Authority does not accept digitally signed agreements or finance documents. Such documents need to be submitted in original (and in case of lease, together with two (2) authenticated copies). Furthermore, if the applicant is a legal entity, some sort of proof of incorporation showing the legal capacity of the signee will need to be submitted.

Not applicable (see question 1 above).

Validity and enforceability of the documents, such as financial lease contracts, are bound to the registry of the contracts under the Financial Leasing Registry under the Financial Leasing Association and approval of the Directorate General of Civil Aviation. In terms of IDERA, it is specifically regulated under the Regulation on IDERA (SHY-IDERA) that it must be drafted and executed before a Notary and signed physically.

The Financial Leasing Association and the Directorate General of Civil Aviation do not use any electronic register, and both institutes require the Notary requirements to be fulfilled. When it comes to the Notary affirmation procedure, the Notaries require documents to be executed with ink signatures. Therefore, foreign or native electronic signatures cannot be used with regard to the establishment of validity and enforceability for such contracts. Therefore, Financial Lease Agreements or any Finance Documents must be signed using a wet signature to be deemed as valid.

Yes, foreign entities not located in the United States can execute Lease Agreements or any Finance Documents with digital signatures to be filed for registration with the Federal Aviation Administration (FAA), provided that the digital signatures comply with the legal requirements for electronic signatures under US law and the specific Electronic Transactions Act (UETA).

In addition to complying with the legal requirements for electronic signatures, foreign entities may need to comply with other formalities required by the FAA for registering leases and finance documents related to aircraft. It’s recommended that foreign entities seeking to execute Lease Agreements or any Finance Documents with digital signatures for registration with the FAA consult with legal professionals familiar with the applicable laws and regulations to ensure compliance with all relevant requirements.