Cap. 503 Art. 6Qualified persons.

(1) The following persons shall be qualified to register any aircraft in the Malta Aircraft Register, whether that aircraft is used to provide air services or otherwise in a capacity referred to in article 5:

(a) the Government of Malta;

(b) a citizen of Malta or a citizen of a Member State of the European Union or of an EEA State, or Switzerland, having a place of residence or business in Malta, the European Union, the European Economic Area or Switzerland, including a person sharing in the ownership of such aircraft by virtue of the community of acquests subsisting between such person and a citizen as described above in whose name the aircraft is registered;

(c) an undertaking formed and existing in accordance with the laws of Malta, of a Member State of the European Union, of an EEA State or of Switzerland and having its registered office, central administration and principal place of business within Malta, or the European Union, or the European Economic Area or Switzerland, and if conducting air services then not less than fifty per cent (50%) of the undertaking must be owned and effectively controlled by the Government of Malta, or by any Member State of the European Union, or by persons referred to in paragraph (b), whether directly or indirectly through one or more intermediate undertakings;

(d) a natural person who is a citizen of, or an undertaking established in, an approved jurisdiction, other than those mentioned in paragraphs (b) or (c), shall be qualified to register aircraft in construction or one which is not used to provide air services if it:

(i) enjoys, to the satisfaction of the Director General, legal capacity to own or operate an aircraft in terms of the law under which it has been established or registered;

(ii) complies with the requirements established under this Act, and any regulations made or guidelines issued pursuant thereto;

(iii) satisfies the Director General that it can and will ensure due observance of the laws of Malta relating to civil aviation; and

(iv) complies with the requirements applicable to an international registrant in terms of Part III.

(2) Where the applicant for registration is a trustee, the Director General shall pay regard to the beneficiaries of the relevant trust to determine the eligibility of the trustee to register an aircraft under this Act and no regard shall be paid to the nationality of the trustee himself: Provided that the Director General shall implement procedures to ensure the confidentiality of the information he may obtain on the identity of the beneficiaries and shall not make any such information available to third parties without the prior written consent of the trustee, duly authenticated, or otherwise in accordance with the provisions of the Professional Secrecy Act.

(3) In this Act, references to any interest in an aircraft do not include any references to an interest in an aircraft to which a person is entitled only by virtue of his membership of a flying club and the references in this Part to the registrant include, in the case of a deceased person, his heirs at law, and in the case of a body corporate which has been dissolved, its liquidator or, until a liquidator is appointed, each of the directors at the time of the dissolution, or equivalent in the applicable jurisdiction.