ISRAEL Law and Practice Contributed by: Charles Gottlieb and Osnat Issan, Gottlieb Gera & Co Advocates
2.7.6 Recognition of Transfer of Ownership Interests According to the Israeli regulations, within ten days following change of ownership over the aircraft, the aircraft certificate of registration expires. As the consent of the Minister of Transportation (whose authority was delegated to the Director Gen - eral of the Israel Civil Aviation Authority) to the reg - istration of a foreign-owned aircraft with the Israeli Registrar of Aircraft examines the ultimate beneficial ownership of the aircraft, a change in the ownership interest of an entity or the beneficial interest in a trust could be viewed as triggering a requirement to obtain a consent for such change in ownership prior to such change in ownership. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction The deregistration of an aircraft from the Registry is affected by a written request of the owner or a person granted power of attorney by the owner. 2.8.2 Lessee’s/Operator’s Consent An aircraft owner may apply for the deregistration of an aircraft without the consent of the lessee or the operator. A mortgagee or lessor may apply for the deregistration of an aircraft as the attorney in fact on behalf of the owner by virtue of a notarised power of attorney. It should be noted, however, that – in practice – the Aircraft Registrar will likely hesitate to deregister an aircraft where the lessee or the operator contests such deregistration, without a court order. 2.8.3 Required Documentation To deregister an aircraft from the Registry, the owner of the aircraft or the owner’s attorney-in-fact must submit an online request for deregistration, accompa - nied by a certified resolution of the board of directors authorising the signatories to execute such a request. If the request is submitted on behalf of the owner (by the owner’s attorney-in-fact), a notarised power of attorney shall be provided. The aircraft’s original certificate of registration should be returned to the Registrar of Aircraft within five days of its cancellation.
To the extent that a pledge, charge or attachment has been placed over the aircraft, prior to the deregistra - tion of the aircraft, one of the following is required: • the consent of the holder of the charge, pledge or attachment; • proof that such charge, pledge or attachment has been removed; or • an order of the court or the registrar of the execu - tion office expressly transferring or cancelling the charge or attachment. 2.8.4 Duration of Deregistration Process A non-contested deregistration process of an aircraft may be completed within up to 14 working days fol - lowing receipt of all required documentation. 2.8.5 Aviation Authority’s Assurances The Israel Aviation Authority does not provide advance assurance to an aircraft owner, mortgagee or lessor as to the prompt deregistration of an aircraft. 2.8.6 Costs, Fees and Taxes Relating to Deregistration There are no significant costs, fees or taxes chargea - ble in connection with the deregistration of an aircraft. If a charge has been placed over an aircraft, nominal charges may be imposed by the Registry in connec - tion with its removal. 2.8.7 Deregistration Power of Attorney Deregistration powers of attorney are generally recog - nised in Israel in a non-contested deregistration pro - cess, so long as the powers of attorney are notarised. However, the Israeli Registrar of Aircraft will not rec - ognise a power of attorney that was made and signed more than three years before the date of submission of the deregistration request. If a deregistration power of attorney is executed out - side Israel, additional requirements (including apostil - lisation) may also apply. Following insolvency proceedings for rehabilitation, any recognition of a deregistration power of attorney granted by an owner of an aircraft in favour of a finan - cier may be subject to the discretion of the courts and therefore there is no guarantee that the Regis -
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