CHAD Law and Practice Contributed by: Claudy Monja and Felana Ranaivoson, John W Ffooks & Co
2.3.4 Registration of Leases With the Domestic Aircraft Registry Any leases concerning aircraft should be registered on the ADAC’s register. This is not a mandatory require - ment and is not subject to any consent from govern - ment authorities. However, it is always in the interest of a lessor that the ADAC or third parties be aware of the existence of a lease over an aircraft operated in Chad. The following documents are required for the registra - tion of leases: • a form should be completed by the owner of an aircraft when leasing the aircraft; • an original lease agreement; • an original certificate of registration; and • documents identifying the lessee(s) (eg, extract from the Register of Companies or tax identifica - tion number for Chadian companies) and an iden - tity document (individual or company manager). 2.3.5 Requirements for a Lease to Be Valid and Registrable There is no requirement for a lease to be in a spe - cific form or translated, served, certified, notarised or legalised under Chadian law. That said, any lease registered with the ADAC should at least contain the following information: • identification of the lessor and the lessee; • signature of the lessor and the lessee or their legal representatives; • identification of the aircraft (ie, brand and model, registration number and serial number); and • the effective date and term of the lease. 2.3.6 Taxes/Duties Payable for Registering a Lease The leasing of an aircraft to an entity in Chad is sub - ject to the payment of a registration tax of 3% of the annual value of the lease. The registration of the lease with the ADAC should lead to the payment of a fee amounting to XAF50,000 (approximately USD89).
accuracy, it is advisable to appendix the list of installed parts of the aircraft covered by the lease. If there is any modification to the list, an amendment of the list of parts should be made. 2.2.4 Risk of Title Annexation If it is legally proven that the engine is the property of a third party, there is no risk of annexation. For the avoidance of doubt, the use of nameplates is rec - ommended to clearly identify the actual owner of the aircraft engines installed on an airframe. 2.2.5 Recognition of the Concepts of Trust/Trustee The concept of trust is not expressly set forth in any legal provision. However, Chadian law gives free rein to the parties to establish the terms and conditions of their contract. This includes the rights to appoint an entity or an individual to represent and act on behalf of several parties driven by the same interest. 2.3 Lease Registration 2.3.1 Notation of Owner’s/Lessor’s Interests on Aircraft Register The authors do not foresee any issue regarding the notation of such interests on the Aircraft Register and believe that this is possible. This constitutes evidence of the existence of the lease over the aircraft as well as a public notice warning third parties of the existence of the rights of the lessor or the owner. 2.3.2 Registration If the Owner Is Different From the Operator An aircraft may be registered on the Aircraft Register in the name of the aircraft operator if that party is not the owner but has lawful ownership of the aircraft (eg, a lease agreement). However, at the time of registra - tion of the lease agreement, the actual owner’s title must also be filed on the Aircraft Register. 2.3.3 Aircraft/Engine-Specific Registers Any leases concerning aircraft should be registered with the ADAC. However, to date, there is no specific register for engine leases.
115 CHAMBERS.COM
Powered by FlippingBook