MALAYSIA Law and Practice Contributed by: Shelina Razaly Wahi and Vincent Chan Siew Onn, Abdullah Chan & Co
2.7.6 Recognition of Transfer of Ownership Interests If the shareholders of the owner should change, but the owning entity itself remains the same, then there is no requirement to make any changes to the details of the aircraft as recorded in the Aircraft Register. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction An application for deregistration may only be made by the registered owner or a person authorised by the registered owner. A financier/mortgagee will typically have requested that the owner execute an IDERA prior to the commencement of the lease, and will have filed the IDERA with CAAM. In order to deregister an aircraft, the following will be required: • the applicable CAAM form (ie, CAAM/AW/7101- 04); • evidence that each person who has legal or ben - eficial interest in the aircraft has been satisfied or has consented to the transfer (this requires any mortgage to be discharged prior to the deregistra - tion); and • the applicable fees. 2.8.2 Lessee’s/Operator’s Consent An aircraft owner may, and a mortgagee may (in reli - ance on an IDERA), apply for the deregistration of the aircraft without the lessee’s or operator’s consent. A lessor who is not also an owner may not apply to deregister an aircraft. 2.8.3 Required Documentation Please refer to 2.8.1 Deregistering Aircraft in This Jurisdiction for the required documents when apply - ing to deregister an aircraft. A lessor who is not also an owner may not deregister an aircraft. 2.8.4 Duration of Deregistration Process Deregistration is usually effected within three to five working days of the submission of a complete appli - cation to CAAM.
2.8.5 Aviation Authority’s Assurances CAAM does not provide advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft. However, with sufficient notice and prior engagement with CAAM, the dereg - istration process may be completed in a more expe - dited manner. 2.8.6 Costs, Fees and Taxes Relating to Deregistration A fee of MYR300 is payable upon filing an application for deregistration of an aircraft. 2.8.7 Deregistration Power of Attorney A deregistration power of attorney is recognised by CAAM. The execution of a power of attorney would need to be in accordance with the Powers of Attorney Act 1949; it would need to be attested/notarised and stamped and then registered accordingly in order to be enforceable against a domestic party. If the power of attorney is in any language other than English or Bahasa Malaysia, a translation into the English or Bahasa Malaysia language will need to be prepared. CAAM will not permit deregistration based on a dereg - istration power of attorney alone, and it would treat the deregistration power of attorney as evidence of the authorised signatories representing the owner or mortgagee, as the case may be. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney At the point of time when an application is made for deregistration, CAAM would require evidence, such as a board resolution or a valid power of attorney, per - taining to the extent of the authority provided by the donor(s) of the power(s) of attorney to the individuals concerned. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney If the form of the power of attorney complies with the Powers of Attorney Act 1949, and the power of attorney has been registered accordingly, CAAM has recognised deregistration powers of attorney gov - erned by foreign laws. In certain instances, lessors
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