FRANCE Law and Practice Contributed by: Yves Hénaff d’Estrées, HENAFF D’ESTREES
2.8.2 Lessee’s/Operator’s Consent The aircraft owner may apply for the deregistration of the aircraft without the lessee’s consent once the registered lease has been terminated and once any registered mortgage has been released. 2.8.3 Required Documentation The following documents and information must be filed by the owner in order to deregister an aircraft: • a signed request on a standard form; • the original copy of the aircraft registration certifi - cate; • requests for deregistration of the registered mort - gages, registered rights and leases, if any, together with the relevant documentation; • the original copy of the bill of sale executed by the registered owner in favour of the new owner, if the request is made by a new aircraft owner who is not registered; • an indication of the reason for the deregistration request – if the aircraft is to be registered in anoth - er country, the name of that country must be sup - plied so that the French aircraft register may notify the other country of the aircraft’s deregistration; • evidence of authentication of the signatures of the representatives of the owner and evidence of their corporate powers; and • an original copy of the power of attorney when the request is signed by the owner’s counsel. 2.8.4 Duration of Deregistration Process The aircraft owner may apply for the deregistration of the aircraft without the lessee’s consent once the registered lease has been terminated and once any The French aircraft register will not provide advance written assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft until all the required documentation is filed with the executed request. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The fees charged by the aircraft register in respect of the deregistration of an aircraft are nominal. registered mortgage has been released. 2.8.5 Aviation Authority’s Assurances
in the French aircraft register, an aircraft lease assign - ment and assumption/novation, executed with the lessee’s consent, must be registered and filed by the new owner/lessor in the French aircraft register. The consequences for failing to do so are that the new owner/lessor may be held jointly liable with the oper - ating lessee for any damages caused by the leased aircraft. Requirements The new registered owner/lessor must file an original executed copy of the relevant agreements, together with copies of all other required documents, with the French aircraft register. The registration process may take between a few hours and a few days. No consent from any government entity is required, and no government applications or consents are gen - erally needed, as a prerequisite to the execution and delivery of an aircraft lease assignment and assump - tion/novation in relation to an aircraft registered domestically. 2.7.5 Taxes/Duties Payable on Assignment/ Novation As a general rule, French value-added tax is due any time aircraft ownership is transferred while an air - craft is located on French territory, subject to specific exemptions. Subject to this, no taxes/duties are pay - able in respect of the execution of an aircraft lease assignment and assumption/novation agreement, or as a consequence of an original or copy thereof being brought into France, either physically or electronically. 2.7.6 Recognition of Transfer of Ownership Interests When the ownership interest of an entity, or the ben - eficial interest in a trust, owning an aircraft is trans - ferred (with the legal title, to the asset remaining with that entity), no filing with the French aircraft register is required, because the entity will remain the registered legal owner of the aircraft. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction Only the owner of a registered aircraft may deregister an aircraft in France.
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