AUSTRIA Law and Practice Contributed by: Farid Sigari-Majd and Mathias Lehner, Freshfields
2.7.6 Recognition of Transfer of Ownership Interests A transfer of the ownership interest in the entity own - ing an aircraft would not directly affect lease agree - ments entered into by such entity or assets owned by such entity under Austrian law. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction The Austrian aircraft register is an operator-based register. The operator is in principle responsible and competent to apply for the deregistration of an air - craft. An application form must be duly completed, signed and submitted to the ACG with certain ancillary documents. 2.8.2 Lessee’s/Operator’s Consent Apart from certain specific situations (eg, in the event of a court order), the operator requires the consent of the owner for the deregistration of an aircraft. 2.8.3 Required Documentation For the deregistration of an aircraft, the operator must submit a duly completed and signed form to the ACG, together with evidence of the owner’s con - sent, as well as originals of the certificate of airworthi - ness ( Lufttüchtigkeitszeugnis ), the certificate of use ( Verwendungsbescheinigung ), the certificate of reg - istration ( Eintragungsschein ) and the noise certificate ( Lärmzeugnis ). 2.8.4 Duration of Deregistration Process If the documents submitted to the ACG are complete and in the appropriate form, the deregistration of an aircraft should only take one to two weeks, or less, if The ACG will not provide advance assurances to the operator applying for the deregistration of the aircraft. 2.8.6 Costs, Fees and Taxes Relating to Deregistration Fees charged by the ACG for the deregistration of an aircraft range from EUR80 to EUR1,808, depending on the weight of the aircraft. discussed in advance with the ACG. 2.8.5 Aviation Authority’s Assurances
2.8.7 Deregistration Power of Attorney A deregistration power of attorney by the operator is generally recognised, provided that it has been trans - lated into German. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney The person using the deregistration power of attorney should be able to demonstrate (by way of accept - able documentation) that the signatory of the power of attorney was duly authorised and that the owner of the aircraft is duly incorporated and validly existing. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney does not necessar - ily have to be governed by Austrian law. However, an Austrian law-governed deregistration power of attor - ney may be accepted more easily by the ACG. 2.8.10 Revocation of a Deregistration Power of Attorney If a power of attorney is expressed to be “irrevocable” and granted for the purposes of enforcing a security interest or otherwise for the benefit of the addressee, it is accepted under Austrian law that the grantor may not freely revoke it other than for cause ( aus wichtigem Grund ). A power of attorney will lapse in the insol - vency of the grantor. 2.8.11 Owner’s/Lessor’s Consent The lessee’s consent is usually required for obtain - ing an export certificate of airworthiness (see 2.8.12 Aircraft Export Permits/Licences ). The owner and the mortgagee or lessor typically request a deregistration power of attorney from the operator so that the opera - tor cannot block the deregistration of an aircraft. 2.8.12 Aircraft Export Permits/Licences Austrian law does not generally restrict the export of an aircraft. However, an export certificate of airworthi - ness is required for the export of an aircraft to certain countries. If the respective application is submitted completely and in the appropriate form, the issuance of the export certificate of airworthiness should only take one to two weeks, or less if discussed in advance with the ACG. An export certificate of airworthiness can be obtained in advance.
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