MALTA Law and Practice Contributed by: Joseph Ghio, Fenech & Fenech Advocates
the steps as outlined in 2.8.1 Deregistering Aircraft in This Jurisdiction . 2.8.3 Required Documentation See 2.8.1 Deregistering Aircraft in This Jurisdiction and 2.8.2 Lessee’s/Operator’s Consent . 2.8.4 Duration of Deregistration Process The deregistration process should be swift provided: • the lessor produces the documents outlined previ - ously; • the lessee co-operates with the lessor and the authorities; and • there are no registered interests on the aircraft in question. 2.8.5 Aviation Authority’s Assurances The Authority provides advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft on the IDERA itself where - in the Authority, by countersigning the IDERA, con - firms that the Authorised Party, or Certified Designee as the case may be, may procure the deregistration of the aircraft from the Register on written demand without the consent of the registrant and that, upon such demand, the authorities in Malta shall co-operate with the Authorised Party, or Certified Designee as the case may be, with a view to the speedy completion of such action. 2.8.6 Costs, Fees and Taxes Relating to Deregistration A fee of EUR50 is payable on application for dereg - istration. 2.8.7 Deregistration Power of Attorney A PoA will be recognised and there are no specific formalities required for its validity except that it be issued by the registrant of the aircraft and that there is no other IDERA or PoA registered in the Register. For a PoA to be enforceable against a domestic party, it must be submitted to the Director General so that its details and the details of any delegate under the PoA are recorded in the Register. It is also advisable for it to be translated, certified, notarised and legalised if executed outside Malta and if drawn up in a language which is not English or Maltese.
2.8.8 Documents Required to Enforce Deregistration Power of Attorney
Proof of identity of the person empowered under a deregistration PoA is required, together with proof that it was signed by the registrant or the person duly authorised to represent them, as well as supporting documents to the satisfaction of the Director General that all registered international interests ranking in pri - ority to the Authorised Party have been discharged or that the holders of such interests have consented to the deregistration and exportation of the aircraft. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A PoA does not have to be governed by the laws of Malta. 2.8.10 Revocation of a Deregistration Power of Attorney A PoA is granted by way of security. Thus, if expressed to be irrevocable, it cannot be revoked by the grantor without the consent of the person in whose favour the PoA is issued. 2.8.11 Owner’s/Lessor’s Consent Without the Lessee’s Consent An aircraft owner, mortgagee or lessor may export the aircraft only if such owner, mortgagee or lessor is in possession of and presents a registered and valid IDERA or PoA issued in their favour by the registrant of the aircraft, and the necessary steps outlined in 2.8.1 Deregistering Aircraft in This Jurisdiction have been followed. Without the Owner’s or Lessor’s Consent If empowered by the mortgage deed, a mortgagee can procure the exportation of the aircraft without requiring consent of the mortgagor or lessor. Steps at the Time of Negotiating the Lease or Mortgage An IDERA and/or PoA should be issued in favour of the owner, mortgagee or lessor, as a condition prec - edent to the lease. Physical Location of the Asset There should be no need for the asset to be physically located in Malta at the time of deregistration. Howev -
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