CHAD Law and Practice Contributed by: Claudy Monja and Felana Ranaivoson, John W Ffooks & Co
2.7.5 Taxes/Duties Payable on Assignment/ Novation The authors are not aware of any taxes/duties payable in respect of an assignment/novation agreement. 2.7.6 Recognition of Transfer of Ownership Interests Any transfer of the ownership interest of the entity (or the beneficial interest in the trust) would not be considered per se as a transfer of ownership of the aircraft. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction The lessor, the owner or the mortgagee can deregister an aircraft. In this respect, a deregistration power of attorney from the lessee is required to facilitate the deregistration of an aircraft when this is required. 2.8.2 Lessee’s/Operator’s Consent The lessee’s or the operator’s consent is required for the deregistration of the aircraft. A deregistration pow - er of attorney should be delivered for this purpose. Note that if the aircraft is under a lease agreement, the deregistration of the aircraft is subject to the deregis - tration of the lease. 2.8.3 Required Documentation As explained in 2.8.1 Deregistering Aircraft in This Jurisdiction and 2.8.2 Lessee’s/Operator’s Con- sent , a deregistration power of attorney should be provided by the lessee to the lessor, mortgagee or owner to deregister the aircraft. In addition, a dereg - istration application should be filed with the original registration certificate, and if the applicant is not the last registered owner in Chad, the original bill of sale between the last registered owner and the applicant is also required. 2.8.4 Duration of Deregistration Process As administrative delays are very common in Chad, it is difficult to ascertain the process duration. An esti - mate would be between 15 and 20 working days. 2.8.5 Aviation Authority’s Assurances The ADAC does not provide advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft.
2.8.6 Costs, Fees and Taxes Relating to Deregistration
The deregistration of a lease should not be subject to any deregistration fees. In all cases, any potential administrative fees should not be significant. 2.8.7 Deregistration Power of Attorney A deregistration power of attorney provided by the lessee to the lessor, mortgagee or owner should be recognised in Chad. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney Apart from the notarisation, the authors are not aware of any other documents required. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney can be governed by foreign law. 2.8.10 Revocation of a Deregistration Power of Attorney The revocation of an irrevocable power of attorney should not be possible. Generally, the beneficiary of the power of attorney should give its consent. In this case, the written consent of the beneficiary is required for revocation purposes. 2.8.11 Owner’s/Lessor’s Consent The lessee’s consent is required to export the air - craft. An irrevocable deregistration and export request authorisation duly executed by the lessee and the lessor, and approved and signed by the ADAC, is required. 2.8.12 Aircraft Export Permits/Licences It is understood that an export certificate of airworthi - ness is required to export an aircraft. The applicant should file an application with the ADAC. An export certificate of airworthiness is issued by the ADAC fol - lowing an application made by the applicant (eg, the lessor) subject to a technical airworthiness assess - ment made by the ADAC (ie, the aircraft meets the airworthiness requirements of Chad, as well as the special requirements and conditions of the importing country, etc). The certificate can be issued in advance.
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