MALTA Law and Practice Contributed by: Joseph Ghio, Fenech & Fenech Advocates
registered the aircraft, including if it is acting under a temporary title such as a lease. The lease agreement must be submitted with the other required technical and legal documentation to the Director General for the aircraft to be registered. A lessor’s interest will only be registered in the Register as described in 2.3.1 Notation of Owner’s/Lessor’s Interests on Aircraft Register . Consequences for Failing to Register the Lease and Lessor’s Interest The application for registration of an aircraft will not be processed and a certificate of registration will not be issued if the relative lease agreement is not submit - ted to the Director General. If the lessor’s interest is not recorded in the Register, that information will not become public and will not be considered to be within the knowledge of third parties. Government Applications or Consent A copy of the lease agreement must be filed with the Director General if the aircraft is registered in Malta by an operator under temporary title. Formalities Lease agreements are not registered in the Register as such. However, they are required to be submitted with the relevant application form for aircraft registration and other supporting documents so that the details Provided that all the necessary documents are in order and the aircraft is in the required technical condition, with advance co-ordination with the Authority for Transport in Malta (the “Authority”), aircraft registra - tion can occur immediately after delivery to the lessee. 2.3.5 Requirements for a Lease to Be Valid and Registrable For the lease agreement to be submitted for the pur - poses of registration of an aircraft, the agreement must: • be in English – if in any other language, it must be accompanied by a certified translation; • contain the date as to when the agreement was made and its duration; thereof can be recorded in the Register. Estimated Time Period for Completion
• be a certified true copy and, if executed outside Europe, be legalised and apostilled; and • make reference solely to the Maltese registration marks and not to the previous registration marks of the aircraft unless an exemption is granted by the Director General. Signatures (and initials on each page) must be authen - ticated. 2.3.6 Taxes/Duties Payable for Registering a Lease There are no taxes or duties payable in respect of the submission of the lease agreement. 2.3.7 Registration of Aircraft in Alternative Countries Most, if not all, aircraft habitually based in Malta are also registered in the country. 2.3.8 Requirements for Documents Concerning Registration Subject to any exemption which the Director General may provide, the submission of certain documents in original form, translated, notarised and/or authenticat - ed is required before the application for registration of an aircraft is processed and accepted. These include the lease agreement as discussed in 2.3.5 Require- ments for a Lease to Be Valid and Registrable (if the aircraft is leased), and a certificate of insurance issued by an insurance company certifying that an insurance policy has been bought and showing an abstract of the most important provisions of the insurance con - tract. Such certificate must be in its original format and contain a valid date and signature between the insurer and the insured. In addition, the Director Gen - eral requires evidence that the requirements imposed by the Act relating to registration marks and the fire- proof plate have been fulfilled. However, the Director General shall, at all times, require at least the following documents before issuing the certificate of registra - tion. The bill of sale or other proof of ownership of the air - craft, which must be: • a certified true copy of the original; • notarised and apostilled if originating from outside the EU; and
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