MADAGASCAR Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.6.11 Lessees’ Entitlement to Claim Immunity The lessee is not entitled to claim sovereign or other immunity from suit. In all cases, immunities can be waived. 2.6.12 Enforcement of Foreign Arbitral Decisions On 16 July 1962, Madagascar became a party to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Conven - tion”). Therefore, the national courts recognise and enforce arbitral decisions. 2.6.13 Other Relevant Issues There are no other relevant issues of which a lessor should be aware in relation to the enforcement of its rights. 2.7 Lease Assignment/Novation 2.7.1 Recognition of the Concepts of Contractual Assignment and Novation Madagascar recognises the concepts of contractual assignment and novation. 2.7.2 Assignment/Novation of Leases Under Foreign Laws Agreements governed by New York or English law would be upheld by a Malagasy court. Whether the consent of the lessee would be required would depend on the law governing the lease agreement and the assignment or novation agreement. Under Malagasy law, consent is required and for registration purposes, consent is mandatory. 2.7.3 Enforceability of Lease Assignments/ Novations In principle, there is no need to translate, certify, notarise or legalise an aircraft and/or engine lease assignment and assumption/novation. However, it is advisable for these assignments and assumptions/ novations to be notarised/authenticated to be enforce - able against a domestic party. In addition, should the enforcement be carried out via the Malagasy judicial courts, a certified translation thereof by a Malagasy sworn translator is required.
2.7.4 Filing/Registration of Lease Assignments/ Novations It is necessary to register and file an aircraft and/or engine lease assignment and assumption/novation with the Aircraft Register for them to be enforceable in Madagascar. However, they are not subject to any consent from a government entity. For the formalities concerning registration, leases should be registered on the Aircraft Register and are not subject to any consent from government authori - ties. The requirements are as follows. • A registration application must contain the follow - ing information: the date of the lease, the duration of the lease and details of the applicant. The appli - cation must be signed by the applicant. • The lease must be annexed to the application. No government applications or consents are required as a prerequisite to the execution and delivery of an aircraft and/or engine lease in relation to an aircraft registered in Madagascar. There is no specific requirement with respect to the form of the lease. The most important is the signature of the lease by the lessor and the lessee. 2.7.5 Taxes/Duties Payable on Assignment/ Novation Assignment and assumption/novation agreements are not subject to taxes/duties. 2.7.6 Recognition of Transfer of Ownership Interests Transfer of ownership interests would not be consid - ered, per se, as transfer of ownership of the aircraft. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction Deregistration of an aircraft can be carried out by its owner, lessor or any other entity with a power of attor - ney signed by the lessor. The steps required to achieve deregistration consist of filing the relevant application before the CAA and
375 CHAMBERS.COM
Powered by FlippingBook