NIGERIA Law and Practice Contributed by: Tamuno Atekebo, Chinasa Unaegbunam, Naomi Kabowei and Favour Osayuwamen, Streamsowers & Köhn
2.8.6 Costs, Fees and Taxes Relating to Deregistration
months cannot be revoked by the grantor and will remain irrevocable until the consideration and/or inter - est is satisfied or until the term expires. 2.8.11 Owner’s/Lessor’s Consent There is no legal requirement that prohibits an aircraft owner, mortgagee or lessor from exporting an aircraft without the lessee’s consent. Where deregistration and exportation out of Nigeria is sought by an owner, the owner may indicate its willingness for the aircraft to remain on the Nigerian registry. It is therefore necessary, where applicable, for a mortgagee to seek the consent of the owner or lessor to export the aircraft. An owner, mortgagee or lessor should, however, ensure that clear terms permitting it to export the aircraft without the lessee’s consent are included in the lease agreement. The aircraft need not be physi - cally present in Nigeria in order to be deregistered. For export, however, the aircraft needs to be in Nigeria. 2.8.12 Aircraft Export Permits/Licences The NCAA issues an Export Certificate of Airworthi - ness for an aircraft registered in Nigeria upon being satisfied of the existence of certain conditions. An application for an Export Certificate of Airworthi - ness is made in the required form and manner accept - able to the NCAA. Part 5 of the Nig.CARs sets out the information and references required when making an application for an Export Certificate of Airworthiness. There is no provision permitting the Export Certificate of Airworthiness to be obtained in advance. 2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft No taxes are charged in respect of the export of an aircraft, but fees are payable to the NCAA. The export fee varies based on the type, features and MTOW of the aircraft. Fees for a fixed-wing aircraft range from NGN54,000 to NGN2.88 million, whereas the fees for a rotary aircraft range from NGN360,000 to NGN1.08 million.
The fees applicable to the deregistration of an air - craft at the NCAA depend on the type of aircraft and the MTOW of the aircraft. For a fixed-wing aircraft, the cost of deregistration ranges from NGN45,000 to NGN450,000, depending on the MTOW of the aircraft, whereas for a rotary aircraft, the cost of deregistration ranges from NGN135,000 to NGN180,000, depending on the MTOW. 2.8.7 Deregistration Power of Attorney The NCAA will recognise a DPOA. An irrevocable DPOA will be stamped ad valorem at the rate of 1.5%, whereas a revocable DPOA is stamped at the flat rate of NGN500. A DPOA is usually registered at the NCAA along with the other documents required for the registration of a security interest in an aircraft. Where the DPOA is in a language other than English, it is advisable that the DPOA be translated and notarised in the manner required under the law of the jurisdiction in which it is issued and filed with the NCAA, to be enforceable against a domestic party. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney Part 4 of the Nig.CARs, which contains provisions for deregistration, does not specify the documents to be submitted when applying for deregistration. However, it absolves the NCAA (and also requests an indemnity) from any liability that may arise from defects in docu - ments, records and depositions submitted to it in sup - port of an application for deregistration. Supporting corporate documentation will therefore include similar (updated) documentation required for registration of the aircraft. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A DPOA does not have to be governed by Nigerian law. 2.8.10 Revocation of a Deregistration Power of Attorney Generally, an irrevocable power given for valuable consideration or for a fixed period not exceeding 12
439 CHAMBERS.COM
Powered by FlippingBook