BRAZIL Law and Practice Contributed by: Renata Iezzi, Nicole René Gomes e Cunha and Marcela Correa, Basch & Rameh
2.3.4 Registration of Leases With the Domestic Aircraft Registry Aircraft lease agreements executed by a Brazilian operator with respect to a Brazilian-registered aircraft must be filed with the RAB for registration. The Bra - zilian Aeronautical Code provides that if an aircraft lease or, if applicable, a sublease is not registered with the RAB, the lessor, sublessor and sublessee shall be liable for any damages and losses caused by the air - craft. If an aircraft lease is registered, the lessor should not be liable for operations. Aircraft leases are not subject to any consent from government entities; however, the RAB assesses whether an aircraft lease meets the requirements list - ed in 2.3.8 Requirements for Documents Concerning Registration . If not, the RAB may refuse to register the lease or may ask the parties to arrange for the missing formalities to be completed. 2.3.5 Requirements for a Lease to Be Valid and Registrable Leases do not need to be in any specific form. Since leases must be registered with the RAB, they must be translated and comply with the requirements listed in 2.3.8 Requirements for Documents Concerning Registration . 2.3.6 Taxes/Duties Payable for Registering a Lease There are no fees to register leases with the RAB. 2.3.7 Registration of Aircraft in Alternative Countries Aircraft habitually based in Brazil are typically Bra - zilian-registered. Brazilian carriers have generally been required to operate Brazilian-registered aircraft. Recently, however, ANAC allowed the registration of interchange agreements (increasingly referred to as sublease for hours agreements) for aircraft with for - eign registration marks where the interchangee is Brazilian. Aircraft interchange agreements between air carriers based in different states must be approved by each relevant civil aviation authority through a bilateral agreement.
The trustee is considered the owner for all legal pur - poses. The trust beneficiary would have no registered interests in the aircraft. Owner trusts have been and continue to be commonly used with aircraft registered in Brazil. Since 2013, ANAC has required parties using owner trusts to submit copies of the trust agreements to the RAB. The filing is for ANAC’s internal purposes only, and trust agreements do not fall into the public domain. For purposes of customs clearance for aircraft owned by owner trusts, a notarised, apostilled copy of the trust agreement must also be presented to the SRF. In bankruptcy proceedings, airline debtors have occa - sionally confused the individuality of trusts and lumped together the aircraft held by a particular owner trustee. These misunderstandings have been resolved without difficulty. Commencing in late 2020, trust agreements relating to aircraft on operating leases must also be filed with the Brazilian customs authorities. 2.3 Lease Registration 2.3.1 Notation of Owner’s/Lessor’s Interests on Aircraft Register The RAB is an owner register, and the registration of the name of an aircraft owner confers title to an air - craft. When an aircraft title transfer occurs, registra - tion with the RAB is necessary to perfect it. A lessor’s interest under a lease with a Brazilian operator must be noted through the registration of the lease. 2.3.2 Registration If the Owner Is Different From the Operator The RAB has no nationality requirements. Foreign owners of Brazilian-registered aircraft should always be registered. The RAB registers the respective inter - ests of owners, lessee operators and mortgagees (when applicable). 2.3.3 Aircraft/Engine-Specific Registers The RAB organises its register on a per aircraft basis. It also maintains engine registers, but this applies mainly to spare engines. In respect of engines, the RAB registers contracts and documents, rather than the object itself.
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