New law adopted to facilitate aircraft leasing and mortgaging | Practical Law

New law adopted to facilitate aircraft leasing and mortgaging | Practical Law

New law adopted to facilitate aircraft leasing and mortgaging

New law adopted to facilitate aircraft leasing and mortgaging

Practical Law UK Legal Update 0-385-5613 (Approx. 2 pages)

New law adopted to facilitate aircraft leasing and mortgaging

by White & Case LLP
Published on 02 Apr 2009Russian Federation

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The government has introduced a new requirement to register rights to, and transactions with, aircraft. The new law aims to assist transactions, such as leasing or mortgaging aircraft, by improving the legal framework.
On 14 March 2009, the President signed Federal Law No. 31-FZ "On the State Registration of Rights to Aircraft and Transactions Therewith". The Law will enter into force on 14 September 2009.
The Law provides for the state registration of rights to aircraft and transactions with them (by analogy with the state registration of rights to immovable property and transactions with it). The state registration requirement applies to:
  • Aircraft subject to state registration under the Air Code.
  • State aircraft used for commercial purposes.
Under the Law, rights to aircraft (such as ownership) and transactions with them (such as leases or mortgaging) will be subject to state registration in the Unified State Register of Aircraft and Transactions Therewith. The information contained in the register will be publicly available. The rules on maintaining the register and the list of documents to be submitted for state registration will be established by the government.
Rights to aircraft that arise before 14 September 2009 (the date the law enters into force) and transactions with them are deemed valid without the state registration. However, if the aircraft is subject to transactions after this date, rights to it will have to be registered (because the transactions may be registered only after the rights to the aircraft are registered).