LITHUANIA Law and Practice Contributed by: Gintautas Šulija and Eduard Plešak, Šulija & Partners
2.8.5 Aviation Authority’s Assurances Civil aviation authorities in Lithuania do not provide advance assurances as to prompt deregistration of the aircraft. In practice, the deregistration – provided that all required documents are in place – is very quick. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The fees payable for the deregistration of an aircraft are not significant (a EUR57 fee is payable for the deregistration and a EUR35 fee is payable for the issu - Under Lithuanian law, a lessee may neither register nor deregister the aircraft without a power of attorney issued by the owner. Therefore, it is arguable that the lessee’s authority in the form of a deregistration power of attorney to permit the deregistration of the aircraft is null and void because of the rule that no person can transfer more rights than they have. A deregistration power of attorney issued by the owner for deregistra - tion of an aircraft registered in Lithuania should be ance of the deregistration certificate). 2.8.7 Deregistration Power of Attorney No additional documents are required to enforce the deregistration power of attorney, other than those specified in 2.8.3 Required Documentation . 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney issued in respect of an aircraft registered in Lithuania should be governed by the laws of Lithuania and notarised by a public notary. However, as noted in 2.8.7 Deregistration Power of Attorney , the enforceability of a deregistra - tion power of attorney issued by the lessee is ques - tionable. 2.8.10 Revocation of a Deregistration Power of Attorney The legal standing regarding the irrevocability of the power of attorney is not completely certain. The Civil Code 2001 includes such a case that “a contract may determine the cases when an irrevocable power of attorney is issued”. However, the possibility may not notarised (and apostilled, if applicable). 2.8.8 Documents Required to Enforce Deregistration Power of Attorney
be completely eliminated that the revocation of any power of attorney potentially made by a principal may be deemed enforceable under Lithuanian law. 2.8.11 Owner’s/Lessor’s Consent An aircraft owner may export the aircraft without the lessee’s consent under the laws of Lithuania (sub - ject to the aircraft being physically repossessed), although the mortgagee’s consent will be required for the purpose of deregistration (see 2.8.1 Deregistering Aircraft in This Jurisdiction ). A mortgagee may not export the aircraft without the owner’s consent, unless the mortgage is enforced and the right of ownership to the aircraft is transferred to the mortgagee. The aircraft does not need to be in Lithuania at the time of deregistration and/or export. 2.8.12 Aircraft Export Permits/Licences The export procedure applies when EU goods are transported out of the EU customs territory to third countries or to special fiscal territories. In this case, an electronic export declaration must be submitted. 2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft There are no significant costs/fees/taxes that are charged in respect of the export of an aircraft. 2.8.14 Practical Issues Related to Deregistration of Aircraft There are no significant practical issues that an aircraft owner or mortgagee or lessor should be aware of in respect of the deregistration of aircraft in Lithuania. 2.9 Insolvency Proceedings 2.9.1 Overview of Relevant Laws and Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations Most relevant laws of Lithuania governing restructur - ings, reorganisations, insolvencies, and liquidations are: • the Law on Insolvency of Legal Entities 2019; • the Civil Code 2001; and • the Law on Companies 2000.
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