MADAGASCAR Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.8.5 Aviation Authority’s Assurances The CAA does not provide advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The fees to be paid for the deregistration of an aircraft are MGA354,000 (approximately USD80), which is not a significant amount. The fees are payable at the time of application for deregistration. 2.8.7 Deregistration Power of Attorney DPOAs are recognised, but should be notarised. The DPOA should be filed with the CAA. There are no associated costs. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney No additional documents are required (eg, supporting corporate documentation) in order to enforce a DPOA. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A DPOA can be governed by a foreign law provided that its provisions do not breach Malagasy public order and good morals. 2.8.10 Revocation of a Deregistration Power of Attorney It is not possible to revoke an irrevocable power of attorney if the beneficiary (the attorney or a third par - ty) does not give its consent, except if just cause for revocation exists (eg, abuse of the granted powers). For revocation purposes, the written consent of the beneficiary is mandatory. 2.8.11 Owner’s/Lessor’s Consent From a strictly legal perspective, it is possible for the lessor/owner/any party named in the IDERA and Cer - tified Designee Confirmation Letter to export an air - craft unilaterally. However, as a matter of practice, any formality in connection with a transaction involving a local lessee (especially if that lessee is the national airline) is subject to the approval of the latter. For deregistration/export purposes, an aircraft should be in Madagascar for inspection purposes in order to be issued with an export certificate.
providing the latter with the documents required for deregistration. 2.8.2 Lessee’s/Operator’s Consent An aircraft owner, mortgagee or lessor can apply for the deregistration of the aircraft without the lessee’s or operator’s consent. The consent of the lessee or operator is not required for the deregistration of the aircraft. 2.8.3 Required Documentation The documents required for deregistration of an air - craft are a deregistration application in respect of the aircraft, signed by the applicant (the lessor or its repre - sentative with power of attorney signed by the lessor) and filed at the CAA. The application must contain the following information: • a reason for the deregistration (eg, termination of a lease agreement for any event of default); and • details of the aircraft. The following documents are also required by the CAA to proceed with the deregistration: • an IDERA; • a DPOA; • a signed deregistration application letter (the CAA may ask the lessor to complete and sign a deregis - tration form); • a copy of the documents evidencing the need for deregistration; and • the original of the certificate of registration of the aircraft. The CAA is entitled to ask for any other documents it considers relevant. 2.8.4 Duration of Deregistration Process If all the documents required for deregistration are in good order, the deregistration process should take approximately ten to 20 working days from the filing of the application at the CAA. However, this may be subject to administrative delays.
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