Aruba
Registry: The Aruban Civil Aviation Authority
Prefix: P4
Location: Caribbean
Country Status: Member of the Kingdom of the Netherlands
Aircraft
Weight restrictions: 5,700 kg
Maximum Age: Aircraft manufactured before 1 January 1980
Aircraft Type Certificate: EASA, FAA, Transport Canada, & Brazil
Typical structure: Aruban A.V.V. or Domicile
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: A right of first mortgage of Aruba is established under Aruba law. Parties can choose the law that will govern the underlying loan documentation, which is typically NY or UK law
Priority notice: N/A
Public Registration: Yes Deregistration
Power of Attorney: Yes
Cape Town: Yes
Survey completed by:
Alexandria Colindres, The Registry of Aruba
acolindres@airsafetyfirst.com +1 305.471.9889
Bahamas
Registry: The Bahamas
Prefix: C6-
Location: Atlantic Ocean
Country Status: Parliamentary democracy
Aircraft
Weight restrictions: None
Maximum Age: None, but must be a type that is acceptable to the Flight standards Inspectorate.
Aircraft Type Certificate: AOC
Operation
Private use: Yes Commercial Air Transport: Yes
Finance
Mortgage possible? Yes, although there is no Mortgage Register held by the Department Civil Aviation they can nevertheless be notified and supplied with copy of the Deed of Mortgage.
Restriction Governing Mortgage law: No.
Priority notice: Yes; first in time with respect to registration of a Deed of Mortgage.
Public Registration: Registry of Records – Office of the Registrar General Deregistration
Power of Attorney: Yes or legal representative
Cape Town: No
Survey completed by:
Llewellyn V. Boyer-Cartwright, Callenders & Co.
lboyer-cartwright@callenders-law.com +1 242 322 2511
Belgium
Registry: Belgian Civil Aviation Authority
Prefix: OO
Location: Europe
Country Status: Federal State
Aircraft
Weight restrictions: None
Maximum age: None
Aircraft Type Certificate: State of Design
Typical structure: Limited Company
Operation
Private use: Yes
Commercial Air Transport: In order to operate commercial services, the operator must obtain an air operator certificate and a transport licence
Finance
Mortgage possible? No
Restriction Governing Mortgage law: N/A
Priority notice: No
Public registration: No
Deregistration Power of Attorney: Original copy to be submitted to the Belgian Civil Aviation Authority
Cape Town: No
Survey completed by:
Giulia Mauri, Verhaegen Walravens
gmauri@verwal.net +32 2640 9697
Bermuda
Registry: Bermuda Department of Civil Aviation
Prefix: VP-Bxx and VQ-Bxx
Location: Atlantic Ocean
Country Status: United Kingdom Overseas Territory
Aircraft
Weight restrictions: none
Maximum Age: none
Aircraft Type Certificate: FAA, EASA and TC
Typical structure: UK, Commonwealth or EU national person, or incorporated bodies within the Commonwealth. Also undertakings registered within the European Economic Area plus incorporation in Bermuda.
Operation
Private use: Yes
Commercial Air Transport: Yes if Principle Place of Business is in Bermuda. ICAO 83bis agreements with Azerbaijan, Russia and Uzbekistan
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: Yes
Public Registration: No
Deregistration Power of Attorney: Yes
Cape Town: In process of enacting
Survey completed by:
Peter Adhemar, Bermuda DCA
pnadhemar@gov.bm +1 441 299 8601
Brazil
Registry: Registro Aeronáutico Brasileiro – RAB (Brazilian Aeronautical Registry)
Prefix: PP- / PR-/ PT-
Location: South America
Country Status: Federative Republic
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: State of Design – To be validated by the Brazilian Civil Aviation National Agency – ANAC
Typical structure: Corporation / Limited Company or Air Taxi Company (others may apply)
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: Yes. Brazilian Law must govern mortgages over Brazilian registered aircraft
Priority notice: Yes, under Cape Town. Mortgage and other liens filed first will have priority.
Public Registration: Yes. Transaction documents must be registered with the Brazilian Aeronautical Registry – RAB and (in most cases) also with the local Registry of Titles and Documents (RTD). International Registry filings are also necessary if the specific aircraft qualifies as an Aircraft Object
Deregistration Power of Attorney: Typically executed. Although there is legal prevision in the Brazilian Civil Code, the Brazilian Aeronautical Registry does not take them to registration and there is no relevant precedent of one being enforced. IDERAs, on the other hand, are effective and supported by precedent
Cape Town: Yes
Survey completed by:
João Paulo Servera, Felsberg Advogados.
jpservera@felsberg.com.br +55(21) 2156-7500/+55(21) 99702-7416
Bulgaria
Registry: Civil Aircraft Register of Bulgaria
Prefix: LZ
Location: Europe
Country Status: Republic, member state of the European Union
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: EASA
Typical structure: Limited liability company or Joint stock company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes but under local law it is qualified as pledge Restriction Governing
Mortgage law: Arguably the aircraft mortgage (or equivalent security interest) is to be governed by the law of the country of the aircraft registration. Hence when Bulgaria is the country of registration any foreign law mortgage (if created at will) is usually backed up by a Bulgarian law pledge.
Priority notice: No
Public Registration: Yes
Deregistration Power of Attorney: Yes, but according to the prevailing legal views it is considered revocable
Cape Town: No
Survey completed by:
Anna Saeva, Yordanov Yanushev & Partners
anna.saeva@saeva-legal.com +359 885 156 739
Canada
Registry: Canadian Civil Aircraft Register Maintained by Transport Canada Aviation
Prefix: C-
Location: North America
Country Status: Federal State
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: State of Design
Typical structure: Canadian SPV (Corporate or Partnership)
Operation
Private use: Yes
Commercial Air Transport: In order to operate commercial services, the operator must obtain an air operator certificate and air carrier licence(s)
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: IR and/or provincial registry, as applicable
Public Registration: Yes (International Registry for Cape Town Convention aircraft objects; applicable provincial registry for Cape Town and smaller aircraft)
Deregistration Power of Attorney: IDERA
Cape Town: Yes
Survey completed by:
Donald G. Gray, Blake, Cassels & Graydon LLP
donald.gray@blakes.com +1 416-863-2750
Cayman Islands
Registry: Civil Aviation Authority of the Cayman Islands
Prefix: VP-C
Location: Caribbean
Country Status: British Overseas Territory
Aircraft
Weight restrictions: Maximum weight 5,700kgs
Maximum Age: None
Aircraft Type Certificate: FAA, Transport Canada, JAA & EASA
Typical structure: Commonwealth body incorporated, Limited Liability or Company Incorporated
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: Yes
Public Registration: Yes
Deregistration Power of Attorney: Yes
Cape Town: Yes (as of 1st November 2015)
Survey completed by:
Richard Munden & Elaine Kerr, Walkers
richard.munden@walkersglobal.com +1 345 814 6835 elaine.kerr@walkersglobal.com +1 345 814 4515
China
Registry: Civil Aviation Administration of China (CAAC)
Prefix: B
Location: Asia
Country Status: People’s Republic
Aircraft
Weight restrictions: None
Maximum age: None (however, as a reference, CAAC restricts the importation of passenger aircraft older than 15 years)
Aircraft Type Certificate: FAA/EASA
Typical structure: Limited company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: Chinese Law
Priority notice: No
Public Registration: Yes
Deregistration Power of Attorney: IDERA may be recorded at CAAC
Cape Town: Yes
Survey completed by:
Yi Liu, Run Ming Law Office
liuy@runminglaw.com +86 10 6569 3491
Denmark
Registry: Danish Civil Aviation Authority
Prefix: OY
Location: Europe
Country Status: Unitary State
Aircraft
Weight restrictions: None
Maximum age: None
Aircraft Type Certificate: EASA
Typical structure: Limited Structure
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: No
Public registration: Yes
Deregistration Power of Attorney: Yes
Cape Town: Not yet
Survey completed by:
Henrik Kleis, Delacour Law Firm
hk@delacour.dk +45 8732 7450
Dominican Republic
Registry: Yes
Prefix: HI
Location: Caribbean
Country Status: Sovereign state
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: FAA and EASA
Typical structure: Individual and corporate body are acceptable
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: Yes
Public Registration: Yes
Deregistration Power of Attorney: Yes
Cape Town: No
Survey completed by:
Rodolfo Mesa Chavez, Mesa & Mesa | Abogados
rmch@mesalex.com +809 338 0444
Fiji
Registry: Civil Aviation Authority of Fiji
Prefix: DQ
Location: South Pacific
Country Status: Independent Republic
Aircraft
Weight restrictions: None
Maximum Age: Not specified in regulation
Aircraft Type Certificate: Accepted from state of manufacture of aircraft or compliance with JAR 23 or JAR 25 (US) respectively but Fiji approval is Airworthiness Approval Note (AAN)
Typical structure: Limited liability Company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: No
Public Registration: No but Authority will note interest and on register
Deregistration Power of Attorney: Yes
Cape Town: Yes
Survey completed by:
Richard Naidu, Munro Leys, Lawyers and Notaries Public,
www.munroleyslaw.com.fj +679 331 4188
France
Registry: France
Prefix: F-
Location: Europe
Country Status: Sovereign State (Republic)
Aircraft
Weight restrictions: None
Maximum Age: None as long as the aircraft has a valid – or qualifies for a – certificate of airworthiness, but registration of older aircraft such as vintage aircraft may be assessed on a case by case basis (airworthiness requirements).
Aircraft Type Certificate: EASA governs
Typical structure: No specific requirement, however owner must be a EU or EEA individual or corporation or if outside of EU/EEA, the aircraft must be leased to a French AOC holder
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: Yes, mortgage should be governed by French law
Priority notice: N/A
Public Registration: Yes, French registry is publicly available
Deregistration Power of Attorney: N/A, only the owner can deregister an aircraft
Cape Town: Signed but not ratified
Survey completed by:
Matthieu de Varax, Mayer Brown
mdevarax@mayerbrown.com +33 153 53 4343
Germany
Registry: German
Prefix: D
Location: Europe
Country Status: Federal Republic
Aircraft
Weight restrictions: none
Maximum Age: none
Aircraft Type Certificate: required
Typical structure: n/a
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: Yes
Priority notice: No
Public Registration: Yes
Deregistration Power of Attorney: No
Cape Town: Yes
Survey completed by:
Dr. Heinz Schaefer hsc@hsp-law.de & Jens-Dietrich Schoop jsc@hsp-law.de HSP Law Schaefer & Partner +49 511 343530
Guernsey
Registry:
Prefix: 2-reg
Location: English Channel
Country Status: British Crown Dependency
Aircraft
Weight restrictions: Maximum 5,700kg
Maximum age: None
Aircraft Type Certificate: FAA, EASA Transport Canada, Brazil
Typical structure:
Operation
Private use: Yes
Commercial Air Transport: No
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: Yes
Public registration: Yes
Deregistration Power of Attorney:
Cape Town: No
Survey completed by:
Jasper van den Boogaard, 2-REG
JvdBoogaard@2-reg.com +44 330 828 0869
Hong Kong
Registry: The Civil Aviation Department (“CAD”)
Prefix: B-H, B-K, B-L
Location: Asia
Country Status: Special Administrative Region of the People’s Republic of China
Aircraft
Weight Restrictions: Any aircraft other than “small aircraft” (i.e. aircraft weighing not more than 7 kg without its fuel) can be registered. Maximum Age Restrictions: None
Aircraft Type Certificate: The CAD can issue type certificates subject to specific requirements. The CAD accepts and validates a certification approval granted by the Authority of the State of Design “as far as possible”. For aircraft type certificates issued by the EJAA, EASA or FAA, the Director-General of the CAD accepts that they are in compliance with the basic requirements of the Hong Kong airworthiness standards Typical structure: No typical structure. The persons entitled to hold a legal or beneficial interest in aircraft in Hong Kong comprise: (i) the mainland Chinese government or the Hong Kong government; (ii) Chinese citizens; (iii) Hong Kong permanent residents; or (iv) bodies incorporated in Hong Kong or other parts of the People’s Republic of China and having their principal place of business in Hong Kong or in other parts of China
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage Law: Hong Kong does not maintain a register of aircraft mortgages or charges. Information about legal ownership, demise charter agreement, mortgages and charges are required at the time of registering the aircraft and the certificate of registration will include such information. If the mortgagor is a company incorporated or having a place of business in Hong Kong, an aircraft mortgage must be registered with the Companies Registry, subject to specific conditions, under the new Companies Ordinance. If the mortgagor is an individual, the aircraft mortgage must be registered as a bill of sale under the Bills of Sale Ordinance
Priority notice: There is no register of aircraft mortgages in Hong Kong. Priority of aircraft mortgages will (i) be determined in accordance with the common law rules governing priority of mortgages and charges; (ii) depend on the type of mortgage, whether legal or equitable. Legal mortgages will have priority over earlier equitable encumbrances if the legal interest was acquired bona fide, for value and without notice of the previous equitable interests. Legal and equitable mortgages will rank inter se based on the order in which they were created Public Registration: No
Deregistration Power of Attorney: Deregistration powers of attorney are frequently issued but it is in the CAD discretion to decide whether an aircraft can be deregistered merely on the basis of a deregistration power of attorney
Cape Town: Not yet ratified
Survey completed by:
Paul Jebely, Clyde & Co Hong Kong
paul.jebely@clydeco.com 00852 2287 2883
India
Registry: Directorate General of Civil Aviation (“DGCA”)
Prefix: DGCA will assign nationality or common marks for the aircraft upon registration
Location: Asia
Country Status: Republic of India
Aircraft
Weight restrictions: Maximum certified take off mass for aeroplanes should be more than 5,700 kg. Multiengine helicopters should have a maximum certified take off mass of more than 3,180 kg
Maximum Age: 15 years (pressurised aircraft) 20 years (unpressurised aircraft) if imported. 25 years if operating from India
Aircraft Type Certificate: The DGCA is empowered to issue type certificates of aircrafts and engines manufactured in India and can also revalidate the type certificates issued to aircrafts by foreign airworthiness authorities
Typical structure: Corporate (limited company)
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes. In India an aircraft or aircraft engines or spare parts are all regarded as movable assets and a charge over these can only be created by way of a hypothecation. Most aircrafts operated in India are mortgaged pursuant to an English law or a New York law mortgage and an Indian law hypothecation is used (at best) as a secondary security
Restriction Governing Mortgage law: No. Under Indian law an instrument governed by the laws of a foreign country is valid and such choice of law is normally upheld and recognised unless the choice was made in bad faith, was illegal, was contrary to Indian legal concepts of public policy or was intended to delay or defraud creditors.
Priority notice: Yes. Notwithstanding a bona fide purchaser for value without notice of the charge will obtain priority over the charge. However, registration of the charge with the Registrar of Companies will constitute public notice of the charge and any person subsequently acquiring the aircraft will be deemed to have had notice of the charge as from the date of registration.
Public Registration: Yes
Deregistration Power of Attorney: Yes. DPoAs should preferably be notarised and filed with the DGCA.
Cape Town: Yes
Survey completed by:
Sidanth Rajagopal, Kaye Scholer LLP
sidanth.rajagopal@kayescholer.com +44 (0)20 7105 0588
Ireland
Registry: The Irish Aviation Authority Registry
Prefix: EI
Location: Europe
Country Status: Unitary State
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: EASA
Typical structure: Limited company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: N/A
Priority notice: N/A
Public Registration: Yes
Deregistration Power of Attorney: IDERA in accordance with Cape Town Convention
Cape Town: Yes
Survey completed by:
Patrick Edmond, International Aviation Services Centre (IASC) & Irish Aviation Authority (IAA)
patrick.edmond@shannongroup.ie +353 61 712 228
Isle of Man
Registry: Isle of Man Aircraft Registry
Prefix: M
Location: Europe
Country Status: British Crown Dependency
Aircraft
Weight restrictions: Maximum 5,700kg
Maximum Age: None
Aircraft Type Certificate: Canada, USA, Brazil or EASA
Typical structure: Limited or Incorporated companies
Operation
Private use: Yes
Commercial Air Transport: No
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: Mortgaging of Aircraft Order 1972
Priority notice: Yes
Public Registration: N/A
Deregistration Power of Attorney: No
Cape Town: No
Survey completed by:
Simon Williams, Isle of Man Aircraft Registry
simon.williams@gov.im, +44 (0)1624 682374
Italy
Registry: Registro Aeronautico Nazionale
Prefix: I
Location: Europe
Country Status: Republic
Aircraft
Weight restrictions: None
Maximum age: None
Aircraft Type Certificate: EASA
Typical structure: Limited Company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: In theory
Priority notice: N/A
Public registration: Yes
Deregistration Power of Attorney: Yes if notarial form
Cape Town: No
Survey completed by:
Franco Campomori, Campomori Aviation & Law
franco.campomori@campomori.com +41 76 5471965
Jersey
Registry: Jersey Aircraft Registry
Prefix: ZJ-
Location: Channel Islands
Country Status: British Crown Dependency
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: FAA, EASA, Transport Canada, Brazil
Typical structure: Body Corporate
Operation
Private use: Yes
Commercial Air Transport: No
Finance
Mortgage possible? Yes, both aircraft and commercial aircraft engines
Restriction Governing Mortgage law: No
Priority notice: Yes
Public Registration: Yes
Deregistration Power of Attorney: Yes
Cape Town: No, but aim to ratify in 2016
Survey completed by:
Chris Kelleher, Jersey Aircraft Registry
c.kelleher@gov.je +44 (0)1534 440663
Malta
Registry: Civil Aviation Directorate
Prefix: 9H
Location: Mediterranean
Country Status: Republic
Aircraft
Weight restrictions: Minimum 20kg
Maximum Age: None
Aircraft Type Certificate: None
Typical structure: Limited Liability Company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: Yes
Priority notice: No
Public Registration: Yes
Deregistration Power of Attorney: No
Cape Town: Yes
Survey completed by:
Nicholas Valenzia, Mamo TCV Advocates
Nicholas.valenzia@mamotcv.com +356 21 231 345
Mauritius
Registry: Department of Civil Aviation
Prefix: 3B
Location: Africa
Country Status: Republic
Aircraft
Weight restrictions: No
Maximum Age: No, subject to compliance with airworthiness requirements
Aircraft Type Certificate: Type Certificates from reputed airworthiness authorities such as EASA/ FAA/Transport Canada are normally accepted
Typical structure: Company limited by shares (coupled with a Global Business Licence to benefit from a tax favourable regime, where so required)
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: No
Public Registration: Yes, the Register of Aircraft held by the Department of Civil Aviation and the Register of Aircraft Mortgages held by the Conservator of Mortgages
Deregistration Power of Attorney: Yes
Cape Town: No
Survey completed by:
Vincent Chong Leung, GlobaLex Chambers
vincent@globalexchambers.com, +230 212 2288
Mexico
Registry: Mexican Aeronautic Registry (“RAM”)
Prefix: XA (commercial), XB (private), XC (government)
Location: South America
Country Status: Federal Republic
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate:
Typical structure: Limited liability companies
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: No
Public Registration: Yes
Deregistration Power of Attorney: Yes
Cape Town: Yes
Survey completed by: Javier Arreola Espinosa, Nader Hayaux y Goebel,
jarreola@nhg.com.mx +52 554170 3040
Panama
Registry: Panama
Prefix: HP
Location: Central America
Country Status: Republic
Aircraft
Aircraft which may be registered in Panama include:
• aircraft owned by the Government of Panama;
• aircraft involved in public transportation or carrying out remunerated aircraft operations which are owned or operated by Panamanian nationals, be they natural or juridical persons, legally authorised to operate; and
• aircraft involved in private operations which are owned or operated in Panama by Panamanian nationals or foreigners, be they natural or juridical persons.
There are two systems of aircraft registration in the Republic of Panama. The Civil Aeronautics Authority (Autoridad Aeronáutica Civil) maintains maintain an administrative registry of aircraft in Panama by means of the National Aeronautical Registry. In addition, there is an aeronautical section at the Public Registry Office, wherein all matters concerning the juridical status of aircraft are registered; namely proof of ownership, leases and encumbrances on aircraft, etc. in order to make them effective against third parties.
Weight restrictions: Weight restrictions will depend on the aircraft capacity, fuel, flight
Maximum Age: Maximum age requirements are not specifically addressed. Proper maintenance is required.
Aircraft Type Certificate: Certificates such as those of the United States and European Union are recognized.
Typical structure: Not specifically addressed in our regulations.
Operation
Private use: Private registration and use of aircraft is allowed, subject to obtaining the required operation certificates and permits from the Civil Aeronautics Authority.
Commercial Air Transport: Commercial air transport has nationality restrictions in terms of company ownership. A commercial exploitation permit for public air transport, issued by the Civil Aeronautics Authority, is required, as well as an operation certificate.
Finance
Mortgage possible? Law No.21 of 2003 expressly contemplates the possibility of granting a mortgage over an aircraft as a whole or covering parts only its spare parts, and the Law on Mortgages on Movable Goods further allows the sale thereof with retention of title. Mortgages in respect of aircraft have to be registered in the Aeronautical section of the Public Registry Office.
Restriction Governing Mortgage law: There are no limits to the types of obligations that may be secured so long as these are lawful obligations, nor as to who may be a mortgagee.
Priority notice: According to the Aeronautical Law, a credit secured by an aircraft mortgage will have priority over any other credit except for the national taxes that fall upon an aircraft. Nonetheless, Panama has acceded to the 1948 Geneva Convention on International Recognition of Rights in Aircraft.
This Convention imposes as compulsory liens the following:
(a) Indemnification for assistance to, or salvage of, the aircraft.
(b) Other expenses which are indispensable for the conservation of the aircraft.
These liens have priority over all other liens or credits, including the aircraft mortgage. Bearing in mind that ACC has the obligation to respect all international treaties and agreements to which Panama has acceded to, this clearly creates a conflict of laws which will have to be resolved by the Panamanian Judicial Branch once a case of this nature is presented.
Public Registration: A mortgage on an aircraft must be granted by public instrument in the Spanish language whenever the obligations secured are in excess of B./20,000.00 and must be registered at the Public Registry Office to affect third parties. Aircraft mortgages can also be filed at the National Aeronautical Registry. This filing, however, only serves as a notice to third parties. Thus, it will have no legal effects on the rights of the mortgagee. Apart from the registration of the mortgage as stated above no other registration or consents are required.
Deregistration Power of Attorney: Deregistration powers of attorney are available and effective in Panama.
Cape Town: Panama has also ratified the 2001 Cape Town Convention on International Interests in Mobile Equipment and its Protocols on Matters Specific to Aircraft Equipment, but with declarations under arts 39, 50, 53 and 54(2).
Survey completed by:
Khatiya Asvat, Patton, Moreno & Asvat
kasvat@pmalawyers.com
Portugal
Registry: National Civil Aviation Authority (Autoridade Nacional da Aviação Civil)
Prefix: CS
Location: Europe
Country Status: Republic
Aircraft
Weight restrictions: No
Maximum Age: No
Aircraft Type Certificate: EASA
Typical structure: Limited Liability Company by quotas or shares. However, as per Regulation 1008/2008 September 24, an undertaking, defined as “any natural or legal person, whether profit-making or not, or any official body whether having its own legal personality or not”, can hold an operating license provided some conditions are met.
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: Mortgages are subject to Portuguese law
Priority notice: N/A
Public Registration: Yes (with the National Aeronautical Registry)
Deregistration Power of Attorney: Yes. Deregistration PoA’s issued in foreign countries shall be notarized and apostilled. Documents issued in Portugal by a legal person, must contain witnessed signatures of the legal representatives.
Cape Town: No
Survey completed by:
Luís Soares de Sousa and Rita Caçador from Cuatrecasas, Gonçalves Pereira
lsoaressousa@cuatrecasas.com / ritacacador@cuatrecasas.com +351213553800
Russia
Registry: Russian Federation
Prefix: RA (RF for government)
Location: Eastern Europe
Country Status: Federation
Aircraft
Weight restrictions: There is a separate procedure for registration of ultralight (with MTOW up to 495 kg) aircraft/helicopters.
Maximum age: None (but diff for >10 years)
Aircraft Type Certificate: Yes – must be approved by Interstate Aviation Committee (http://www.mak.ru)
Typical structure: No typical as rarely used
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: Russian Law
Priority notice: Yes with Cape Town
Public registration: Yes with Cape Town
Deregistration Power of Attorney: Yes with Cape Town (but untested)
Cape Town: Yes
Survey completed by:
Alan Kartashkin, Debevoise & Plimpton LLP
avkartashkin@debevoise.com +7 495 139 4004
San Marino
Registry: San Marino Aircraft Registry
Prefix: T7-
Location: Europe
Country Status: Republic and autonomous state
Aircraft
Weight restrictions: NONE
Maximum Age: 1975
Aircraft Type Certificate: FAA, Transport Canada, Brazil ANAC and EASA.
Typical structure: Public Private Partnership
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No, English and New York Law accepted
Priority notice: Not possible
Public Registration: Yes, in the San Marino aircraft register
Deregistration Power of Attorney: Yes
Cape Town: Yes, the Convention is in force since 1st January 2015.
Survey completed by:
David Colindres and Dr. Marco Bacciocchi
dcolindres@smar.aero +39 331 3450443 marco.bacciocchi@caa-mna.sm +378 (0549) 882931
Saudi Arabia
Registry: GACA
Prefix: HZ
Location: Middle East
Country Status: Kingdom
Aircraft
Weight restrictions: None
Maximum age: None
Aircraft Type: Certificate FAA
Typical structure: None
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? No
Restriction Governing Mortgage law: Whilst the concept of aircraft mortgage is not specifically provided by Saudi Arabian law, it is possible to register a form of chattel mortgage as a right over an aircraft with the GACA
Priority notice: Save for ‘privileged debts’, the registration of a right over an aircraft with the GACA will provide priority from the date of entry
Public registration: No
Deregistration Power of Attorney: Original, notarised copy to be submitted to GACA
Cape Town: Yes
Survey completed by:
Oliver Tebbit, Clyde & Co
oliver.tebbit@clydeco.ae +971 4 384 4620
Spain
Registry: Spanish Aircraft Registry (AMR) and Movable Property Registry (MPR)
Prefix: EC
Location: Europe
Country Status: Sovereign State
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: Yes
Typical structure: No
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: Yes, under the Spanish Law on Chattel Mortgage of 1954
Priority notice: No
Public Registration: Yes, with the Spanish Movable Property Registry
Deregistration Power of Attorney: No
Cape Town: Yes, Spanish’s accession to the Cape Town Convention (Official Journal of Spain of 4 October 2013). The signature of the supplementary Aircraft Protocol is under consideration by Spain.
Survey completed by:
Gema Díaz Rafael, Aviation Lawyer
gdiazrf@hotmail.com + 34 627560755
Switzerland
Registry: Swiss Federal Office of Civil Aviation (FOCA)
Prefix: HB
Location: Europe (not a member of the European Union but of EASA)
Country Status: Confederation
Aircraft
Weight restrictions: None
Maximum Age: None
Aircraft Type Certificate: EASA
Typical structure: Swiss company or (subject to supply of Aircraft to a Swiss AOC operator) foreign company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: Swiss law
Priority notice: No
Public Registration: Yes
Deregistration Power of Attorney: Recommended (but remains revocable under Swiss law)
Cape Town: No
Survey completed by:
Philippe Wenker, Blum&Grob Attorneys at Law Ltd
p.wenker@blumgrob.ch +41 58 320 00 00
Thailand
Registry: Department of Civil Aviation
Prefix: HS
Location: South East Asia
Country Status: Kingdom and member of ASEAN
Aircraft
Weight restrictions: None
Maximum Age: None (however, to acquire Air Operating License, fixed wing aircraft for commercial use must not be older than 14 years from the date of production)
Aircraft Type Certificate: State of Design – to be validated by Department of Civil Aviation (Thai DCA; Thai DCA accepts FAA and EASA type certificates. Thai DCA also accepts type certificates issued by other states whose minimum standard of Airworthiness Codes are accord to ICAO Annex 8 to the convention on International Civil Aviation)
Typical structure: Limited Company
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Not recognised under Thai law. Foreign law mortgages not generally enforceable
Restriction Governing Mortgage law: See above
Priority notice: See above
Public Registration: See above
Deregistration Power of Attorney: Yes but irrevocable Power of Attorney can be superseded by a subsequent power of attorney
Cape Town: No
Survey completed by:
Alan Polivnick, Partner, Watson Farley & Williams (Thailand) Ltd
apolivnick@wfw.com +66 2 665 7800
Turkey
Registry: Turkish Directorate General of Civil Aviation (the “Turkish CAD”)
Prefix: TC
Location: Europe
Country Status: Republic
Aircraft
Weight restrictions: None
Maximum Age: (i) Passenger transportation aircraft:
Maximum 15 years old beginning from the first registration date to the Turkish CAD.(ii) Cargo aircraft: Maximum 25 years old beginning from the first registration date to the Turkish CAD
Aircraft Type Certificate: EASA, FAA
Typical structure: Joint Stock Corporation
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: Turkish Law
Priority notice: N/A
Public Registration: Yes
Deregistration Power of Attorney: In practise applicable (Under Turkish law, a power of attorney is revocable by its nature and can be revoked by its issuer at any time. Any agreement of the parties or issuance of documents conflicting with such provision of the law, such as issuing an irrevocable power of attorney will not be valid and enforceable from Turkish law point of view; because the provisions of Turkish law on the issuance of powers of attorney are of mandatory nature. Although in practice, lessors obtain irrevocable de-registration powers of attorney in order to discourage the lessees to block the exercise of repossession rights of the lessor, such documents have no legal value even at the time they are issued, since it is not possible under Turkish law to issue a power of attorney irrevocably due to its nature)
Cape Town: Yes
Survey completed by:
Serap Zuvin Law Offices
office@zuvinlaw.com.tr 90-212-2807433
UAE
Registry: GCAA
Prefix: A6
Location: Middle East
Country Status: Federation
Aircraft
Weight restrictions: None
Maximum age: Only those aircraft with an age equal to or less than 20 years (calculated from the date of the first certificate of airworthiness) at the time of an application for a certificate of registration may be registered
Aircraft Type Certificate: EASA/FAA/TCCA
Typical structure: None
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? No
Restriction Governing Mortgage law: Whilst the concept of aircraft mortgage stricto sensu is not specifically provided by the UAE law, it is possible to note a mortgage with the GCAA
Priority notice: N/A
Public registration: No
Deregistration Power of Attorney: Original, notarised copy to be submitted to the GCAA
Cape Town: Yes
Survey completed by:
Oliver Tebbit, Clyde & Co
oliver.tebbit@clydeco.ae +971 4 384 4620
United Kingdom
Registry: United Kingdom (UK) Civil Aviation Authority (CAA)
Prefix: G
Location: Europe
Country Status: Unitary State
Aircraft
Weight restrictions: None
Maximum age: None
Aircraft Type Certificate: EASA
Typical structure: Company Limited with shares
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance Mortgage possible? Yes
Restriction Governing Mortgage law: No
Priority notice: Yes -14 days
Public registration: Mortgages over Aircraft must be registered at the UK Register of Aircraft Mortgages
Deregistration Power of Attorney: Original document. From 1 November 2015, when the International Interests in Aircraft Equipment (Cape Town Convention) Regulations 2015 (the “Regulations”) enters into force, an IDERA in the form annexed to the Aircraft Protocol may be submitted by a debtor to the CAA for recording. The Regulations oblige the CAA to honour a request for de-registration filed with it, subject to any applicable safety laws and regulations. The UK government has stated that the CAA will provide further guidance on how to register an IDERA
Cape Town: This will enter into force in the UK on 1 November 2015, as implemented by the Regulations
Survey completed by:
Diego Garrigues and Owen Costine, Kennedys
diego.garrigues@kennedyslaw.com / owen.costine@ kennedyslaw.com +44 20 7667 9720; +44 20 7667 9451
(Data correct as of November 2015)
United States
Registry: FAA
Prefix: N
Location: North America
Country Status: Unitary State
Aircraft
Weight restrictions: None
Maximum age: None
Aircraft Type Certificate: Must be US type registered
Typical structure: Owner Trust Agreement
Operation
Private use: Yes
Commercial Air Transport: Yes
Finance
Mortgage possible? Yes
Restriction Governing Mortgage law: No restrictions
Priority notice: No
Public registration: FAA Registry/International Registry
Deregistration Power of Attorney: If Cape Town registered and IDERA is filed registry will honour only if the authorised party has made the request & Registry notifies country of export of cancellation
Cape Town: Yes
Survey completed by:
James Cooling, Cooling & Herbers
jcooling@coolinglaw.com +1-816-474-0777
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