THAILAND Law and Practice Contributed by: John Frangos, Nuanchun Somboonvinij, Santhapat Periera and Niti Muangkote, Tilleke & Gibbins
2.8.5 Aviation Authority’s Assurances In general, the CAAT confirms that the CAAT regula - tions will be followed and the case will be considered without delay. 2.8.6 Costs, Fees and Taxes Relating to Deregistration There are no significant costs, fees or taxes charge - able in respect of deregistration, other than legal fees. 2.8.7 Deregistration Power of Attorney A deregistration power of attorney (DPOA) is recog - nised but only when submitted under CAAT Regula - tion No 44. There is no required form. It is not neces - sary to have the DPOA certified, notarised, legalised or translated. However, it is recommended that the DPOA be irrevocable and the applicant submit the original DPOA to the CAAT. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney Additional documents required to enforce a DPOA include: • 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), corporate documents such as the incor - poration certificate are required; • a termination notice together with supporting evi - dence showing that the lessee is in default; • an application for re-exportation; and • a power of attorney showing the person who sub - mits the deregistration application is authorised by the applicant. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A DPOA does not have to be governed by the laws of Thailand but must comply with the national laws of where it is made. However, with that in mind, a DPOA that does follow Thai law can help avoid any challenge raised by the CAAT or the lessee.
2.8.10 Revocation of a Deregistration Power of Attorney In theory, under Thai law, a DPOA expressed to be irrevocable can be revoked at any time. However, due to CAAT Regulation No 44 Clause 12 (2)(d), an irrevo - cable DPOA is recognised by the CAAT. See 2.6.13 Other Relevant Issues . 2.8.11 Owner’s/Lessor’s Consent An applicant who requests deregistration and re- export of the aircraft without the lessee’s consent must comply with CAAT Regulation No 44 Clause 12 (2)(d). If the owner, the mortgagee or the lessor can prove to the CAAT that it has the right to request deregistra - tion then it can apply for the aircraft to be re-exported without the lessee’s consent. In order for the owner, the mortgagee or the lessor to re-export the aircraft without the lessee’s consent, the applicant must comply with CAAT Regulation No 44 Clause 12 (2)(d). The aircraft must be located in Thailand when the applicant requests deregistration and re-export of the aircraft. 2.8.12 Aircraft Export Permits/Licences Aircraft export permits/licences are issued in Thailand. The flight permit for re-export of the aircraft is issued by the CAAT. After deregistration of the aircraft, the applicant can request the aircraft be re-exported. The applicant can alternatively request deregistration and re-export of the aircraft at the same time according to CAAT Regulation No 44 Clause 12 (2)(d). 2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft To export the aircraft, the lessor must ensure that any outstanding aircraft parking fees, maintenance fees and other official fees to the airport authority are paid. 2.8.14 Practical Issues Related to Deregistration of Aircraft The removal of registration marks from an aircraft is only made after deregistration is granted. In addition, an owner, lessor or mortgagee should expect to pay
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