RWANDA Law and Practice Contributed by: Jean Pierre Kesteloot and Penina Ngabire, Liedekerke Great Lakes
2.8.8 Documents Required to Enforce Deregistration Power of Attorney In the case of a corporate body, the following addi - tional documents are required. • A certified copy of the certificate of incorporation. • A certified copy of a document identifying the names of the directors of the company owning or leasing the aircraft and their specimen signatures giving authority to deregister the aircraft. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney does not have to be governed by Rwandan law. 2.8.10 Revocation of a Deregistration Power of Attorney In principle, the grantor (ie, the lessor) should be able to revoke a deregistration power of attorney even if it is expressed to be irrevocable. 2.8.11 Owner’s/Lessor’s Consent The aircraft owner, mortgagee or lessor can in princi - ple export the aircraft without the lessee’s or opera - tor’s written consent. However, the aircraft owner, mortgagee or lessor must give reasonable prior notice (at least ten working days) in writing to the lessee or operator. To increase the likelihood that it will be able to export the aircraft without the lessee’s consent, the owner, mortgagee or lessor may want to include a specific clause to this effect in the lease or mortgage (as appli - cable). 2.8.12 Aircraft Export Permits/Licences An application for an export certificate must be made in a form prescribed by the RCAA at least 14 days before the intended date of export of the aircraft out of Rwanda. The RCAA will issue an export certificate within a few weeks upon submission of the required documenta - tion.
2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft Fees ranging from approximately USD500 to USD3,500 are charged in respect of the export of an aircraft. 2.8.14 Practical Issues Related to Deregistration of Aircraft Proof of removal of registration marks from the aircraft must be made before deregistration is granted. In addition, the RCAA may refuse to deregister the aircraft if the deregistration is inexpedient or not in the public interest. 2.9 Insolvency Proceedings 2.9.1 Overview of Relevant Laws and Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations The relevant statutory provisions for insolvency of a lessee domiciled in Rwanda are the following: • Law 075 of 2021 of 06/12/2021 relating to insol - vency (the “Rwanda Insolvency Act”); • Law 34 of 2013 of 24/05/2013 on security interests in movable property; and • Ministerial Order No 01/CAB.M/019 of 06/02/2019 amending Ministerial Order No 04/CAB.M/08 of 24/07/2018 establishing civil aviation regulations. 2.9.2 Overview of Relevant Types of Voluntary and Involuntary Restructurings, Reorganisations, Insolvencies and Receivership Under the Rwanda Insolvency Act, insolvency pro - ceedings start when the lessee is unable to pay its debts when they fall due in the normal course of busi - ness, or when its assets are less than its liabilities plus its stated capital. The following persons may file an application with the commercial courts to start insolvency proceedings: • the creditor (ie, the lessor); • the debtor (ie, the lessee); • the directors or shareholders of one of them;
• the Registrar General; or • the regulatory authority.
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