Cap. 503 чл. 4The Malta Aircraft Register.
PART II
(1) There shall be a National Aircraft Register which shall be maintained by the Director General in physical or electronic form as may be determined by the Minister.
(2) When an aircraft is registered in terms of this Act, the Director General shall record or note transactions or information in accordance with this article and other provisions of this Act and in such manner as may be prescribed from time to time. In accordance with this sub-article:
(a) the Director General shall record the following in the register:
(i) the physical details of the aircraft;
(ii) the physical details of the engines attached to the aircraft and any replacement engines owned by the registrant to the extent they are designated for use on the aircraft and, when the engines or replacement engines do not belong to the registrant, the same details shall be recorded in the Malta Aircraft Register with the consent of the owner of the said engines or replacement engines;
(iii) full name, address, email address and telephone number of the natural or legal persons under whose name the aircraft is registered, and in what capacity the registrant has registered the aircraft in terms of article 5;
(iv) the ownership rights in the aircraft or an engine including when:
1. held by a trustee, for a single interest or more;
2. held by one or more owners;
3. divided into fractional shares or otherwise; or
4. held under an agreement with reservation of ownership rights or under conditions affecting title in terms of article 31.
The information and documents which are to be provided to the Director General relating to the above may be prescribed from time to time;
(v) full name, address, email address and telephone number of the natural or legal persons having ownership rights on the aircraft;
(vi) the details of any mortgages registered on the aircraft, and subsequently all transactions relating to mortgages registrable in terms of this Act;
(vii) the details of any irrevocable de-registration and export request authorisation, pursuant to article 2 of the Second Schedule, or any other power of attorney, irrevocable or otherwise, in a separate document or as part of an agreement between the parties granted to an owner or to a lessor of an aircraft or granted by way of security to the mortgagee, or to a third party for the benefit of any such person, granting powers relating to the exercise of rights relating to the aircraft, or to the closure of the register on behalf of the registrant and, in the event that a mandate or power of attorney is granted for a stated period of time after which it shall lapse, such date shall also be recorded in the register and the registration of the mandate shall have no effect after such date. Only one irrevocable de-registration and export request authorisation or only one power of attorney shall be recorded in the register and such irrevocable de-registration and export request authorisation or such power of attorney shall only be issued by the registrant of the aircraft. Furthermore, any Certified Designee under any irrevocable de-registration and export request authorisation or any delegate under any power of attorney shall also be recorded in the register. Provided that any irrevocable de-registration and export request authorisation or power of attorney issued by any person other than the registrant and recorded in the register prior to the coming into force of this proviso shall remain valid, binding and duly enforceable;
(viii) any other act which is to be registered in the Malta Aircraft Register under the provisions of article 31 or of any other law;
(ix) the details of any international interests registered on the aircraft in the International Registry, and subsequently all transactions relating to such international interests;
(b) the Director General shall note the following matters in the Malta Aircraft Register if required to do so under the applicable law or if requested to do so by the registrant or by any other person who demonstrate an interest in such information being entered in the Malta Aircraft Register:
(i) the lessor rights relating to the aircraft or an engine when the lessor is a person different from the owner, although the same person may appear on the register as lessee in terms of the sub-paragraph (iii);
(ii) the lessee rights in relation to the aircraft or an engine and all matters relating thereto in terms of article 31;
(iii) the details of the resident agent where the registrant is an international registrant;
(iv) information on any international interest registered in the International Registry and the debtor thereof.
(3) It shall not be a condition for registration that a registrant of an aircraft shall have the ownership and, or the lessor rights in the aircraft or its engines noted in the Malta Aircraft Register.
(4) Registration in the Malta Aircraft Register, whether by means of a record or a notation, shall have the following legal effects in relation to the information and the acts to which it refers:
(a) it renders such information public and the information shall be considered to be within the knowledge of third parties;
(b) the acts shall be effective against third parties;
(c) it shall create priority, according to the provisions of this Act and applicable law, between different rights, provided that, except as stated in article 31 and in the First Schedule, the notation of ownership or lessee rights shall not imply any priority over those of the holder of a registered mortgage;
(d) where expressly conditional on registration, it shall create legal effects between the parties to certain transactions; and
(e) it shall have all other effects under the applicable law.
История на изменения
- Amended by XXXVII.2021.6