CONGO BRAZZAVILLE Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.8.8 Documents Required to Enforce Deregistration Power of Attorney No additional documents are required to enforce deregistration of a power of attorney. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney It is understood that a deregistration power of attorney should be governed by Congolese law. 2.8.10 Revocation of a Deregistration Power of Attorney If a deregistration power of attorney is said to be irrev - ocable, it could be difficult to revoke it. 2.8.11 Owner’s/Lessor’s Consent Before exporting an aircraft, it would be advisable to get the lessee’s consent, particularly where they are the registered operator, as the ANAC typically expects the deregistration or export request to come from or be supported by the operator. The consent of the owner or lessor is not expressly required under Con - golese law unless they hold a registered interest in the aircraft. However, in accordance with the CEMAC Aviation Code, if the aircraft is subject to a registered security interest (eg, a mortgage), deregistration can - not proceed without either a formal release ( mainlevée ) of those rights or the consent of the rights holders. The letter of the law does not set forth whether the asset needs to be located in the Republic of Congo at the time of deregistration and/or export. 2.8.12 Aircraft Export Permits/Licences An aircraft export certificate can be issued by the ANAC. Generally, this is subject to the filing of an application form at the ANAC along with information regarding the aircraft. It cannot be issued in advance. 2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft The law is silent on the costs, fees and taxes in respect of the export of an aircraft. However, a fee may be payable. 2.8.14 Practical Issues Related to Deregistration of Aircraft There are no significant practical issues that an air - craft owner, mortgagee or lessor should be aware of
in respect of the deregistration of an aircraft in the Republic of Congo. 2.9 Insolvency Proceedings 2.9.1 Overview of Relevant Laws and Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations The OHADA Uniform Act dated 10 September 2015 (the “Uniform Act on Insolvency”) governs insolvency and restructuring in the Republic of Congo. The Uni - form Act on Insolvency regulates all matters relating to insolvency law in all OHADA member states. Its purpose is: • to organise pre-insolvency procedures of concili - ation, preventative settlement and rehabilitative proceedings of reorganisation and asset liquida - tion so as to preserve the economic activities and employment of debtor companies, quickly reha - bilitate healthy companies and liquidate distressed ones in such a way that the debtors’ assets will be maximised for the purpose of increasing receiva - bles to be recovered by creditors and establish a specific order of payment to secured or unsecured collateral securities; • to define rules applicable to judicial administrators; and • to set proprietary and professional sanctions, as well as criminal proceedings related to the default of the debtor, applicable to the debtor company’s top executives and individuals involved in the insol - vency proceedings management. To summarise, insolvency proceedings are under the control of the judge ( juge commissaire ) and the assets of the company are placed under the supervision of a judicial trustee ( syndic ), whose main responsibility is to act in the overall interests of the creditors as a whole ( masse des créanciers ). A judgment from the commercial court confirms the start of insolvency proceedings ( jugement d’ouverture ). Such judgment is published in the Companies Reg - istry ( Registre du commerce et du crédit mobilier , or RCCM) and in the newspapers. A second publication should be made 15 days after the first publication. The two publications must contain a warning to creditors to produce their claims to the syndic . Creditors’ claims
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