THAILAND Law and Practice Contributed by: John Frangos, Nuanchun Somboonvinij, Santhapat Periera and Niti Muangkote, Tilleke & Gibbins
2.7.5 Taxes/Duties Payable on Assignment/ Novation An aircraft or engine lease assignment and assump - tion/novation under Thai law is not subject to stamp duty. 2.7.6 Recognition of Transfer of Ownership Interests If the ownership interest of an entity owning an asset is transferred, the legal title to the asset, including air - craft, will remain with that entity. As Thailand has an operatory registry, documents evidencing the transfer of title of the aircraft to the owner, such as a bill of sale, will be used to determine the ownership of the aircraft. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction The lessor, owner, lessee and authorised person spec - ified in the lease agreement or any person(s) with a possessory right can request deregistration of an air - craft. See 2.6.13 Other Relevant Issues . 2.8.2 Lessee’s/Operator’s Consent An aircraft owner, mortgagee or lessor can apply to the CAAT for deregistration without the lessee’s or operator’s consent. 2.8.3 Required Documentation The documents required for deregistration are as fol - lows. • A lease agreement. • Evidence confirming the identity of the person applying for deregistration. For example, if the applicant is a legal entity (called a juristic person in Thailand), the corporate documents such as the incorporation certificate are required. • A termination notice together with supporting evi - dence showing that the lessee is in default. • An irrevocable deregistration power of attorney. • An application for re-exportation. • A power of attorney showing the person who sub - mits the deregistration application is authorised by the applicant. 2.8.4 Duration of Deregistration Process Without the lessee’s consent, deregistration can take approximately three to six months (if not longer).
(a) natural persons who hold Thai nationality; (b) ministries, sub-ministries or government de - partments; (c) limited companies or public limited companies, of which ministries, sub-ministries or govern - ment departments hold at least 51% of all of the shares; (d) limited companies or public limited companies, of which natural persons holding Thai national - ity hold at least 51% of all of the shares; and (e) other juristic persons as specified in the Minis - terial Regulations. Associations An association will be registered under the law of Thai - land. The principal place of business of the associa - tion will be situated in Thailand and the regulations of the association have to have been approved by the Civil Aviation Board. Registrations and Changes of Information An application for registration and the aircraft reg - istration must be made in line with applications, guidance or other documents as prescribed in the Ministerial Regulations enacted by virtue of the Air Navigation Act. The period of completion is depend - ent upon whether the applicant has all of the docu - ments required in order as well as the discretion of the Transport Minister. If there is a change of information on the registration certificate, including a change in ownership of an air - craft, an application must be filed with the CAAT for the reissuance of the registration certificate within 30 days from the date of the change. An application for the reissuance of a certificate of registration can gen - erally only be accepted if the applicant is the holder of the registration certificate. Government applications or consents are not required as a prerequisite to the execution and delivery of an aircraft and/or engine lease assignment and assump - tion/novation in relation to an aircraft registered domestically.
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