Legal Aviation Services
With its central location in the Mediterranean, dynamic legislative framework, multilingual workforce and beneficial fiscal regime, Malta has been demonstrating continued success in its trading and investment activities.
The aviation industry in Malta is no exception and over the past years, this industry has shown considerable advances as it aims to follow the success which has been brought about by the maritime industry, whose mercantile register has positioned Malta in the forefront not only in Europe, but also internationally.
Malta’s growth in the aviation industry can be attributed to various investments which have been made in different areas some of which include, maintenance, repair and overhaul (MRO) operations, production of aircraft components, flight-training, research and development and further investments in airside facilities.
The Aircraft Registration Act of 2010 introduced a framework in which its provisions set out to regulate the registration of private and commercial aircrafts in the National Aircraft Register, joint and fractional ownership of aircrafts and mortgages and other special privileges on aircrafts. The Aircraft Registration Act has also brought about with it the implementation of the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol.
According to the Aircraft Registration Act of 2010, aircraft registration may be made in one of the following capacities:
- As owner of an aircraft (who also operates the aircraft);
- As owner of an aircraft under construction or an aircraft which is temporarily non-operational or not being managed;
- As an operator of an aircraft which is under a temporary title, such as lease;
- As a buyer of an aircraft which is under a conditional sale or title, reservation or similar agreement and which satisfies the requisite conditions which may be prescribed. The buyer also needs to be authorised to operate the aircraft.
The following registrants are qualified persons who may register an aircraft used in air services:
- The Government of Malta;
- A citizen of Malta or a citizen of the EU or an EEA State or Switzerland. The individual needs to have a place of residence or business in Malta, the EU, the EEA or Switzerland. This qualification includes persons sharing in the ownership of the aircraft by virtue of the community of acquests;
- An undertaking which has been set up in accordance with the laws of Malta, the EU, an EEA State or Switzerland and has established a registered office, central administration and principal place of business within the same jurisdiction. The Act requires that not less than 50% of the undertaking is owned and effectively controlled by the Government of Malta or by any EU Member State or an individual (as described above), whether directly or indirectly through one or more intermediate undertakings.
On the other hand, a person may register a private aircraft if he/she is a natural person who is a citizen of Malta, the EU or an EEA State or Switzerland or alternatively, it can be an undertaking established in one of these jurisdictions. Such person needs to have the legal capacity to own or operate an aircraft in terms of law, comply with the requirements established under the Aircraft Registration Act and, if such individual is an international registrant, have an appointed resident agent in Malta.
Our team of legal professionals have developed a thorough understanding of the area and are able to offer clients the following services:
- Assistance with the registration of aircrafts in Malta;
- Assistance with issues relating to aircraft chartering and leasing, financing transactions, sale and purchase of aircrafts and aircraft engines, mortgages and securities.
- Assistance with negotiating, drafting and reviewing of the agreements and the provision of advise on any related matter.
- Assistance with crewing requirements and related service agreements.
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