Spains accession to the aircraft protocol on 27 november 2015, of the cape town convention ctc, was published in the spanish official gazette boe on 1 february 2016. The following provisions of the convention apply as if references to an agreement creating or providing for an international interest were. The perfection and priority rules of the cape town convention and the aircraft protocol 52 cape town convention journal september 20 r priority rules that is, the rules governing priority as between competing claimants. These guidance notes have been produced to provide guidance to business on the international interests in aircraft equipment cape town convention regulations 2015 the regulations, implementing the convention on international interests in mobile equipment and protocol thereto on matters specific to aircraft equipment and eu council. The cape town convention and aircraft protocol canada. Aircraft protocol to the cape town convention unidroit. International interest to have effect in the law of the abu dhabi global market. The cape town treaty federal aviation administration. The convention aims to stabilise the rights and interests of lenders and lessors of aircraft and aircraft equipment like engines and airframes. Cape town convention to have effect in the law of the abu dhabi global market. Article 542 of the cape town convention requires that a contracting state, at the time of its accession to a protocol, must. The convention creates a registry for the recording of international interests in aircraft objects and provides standard remedies in the event of default by the debtor the aircraft protocol meets the particular requirements of aircraft financing by offering creditors additional remedies, including.
Cape town convention introduction the cape town convention as it is commonly known, as far as it relates to aircraft objects which include airframes, aircraft engines and helicopters please see below for further details, consists of the convention on international interests in mobile equipment and the protocol on matters. China must now provide its formal instrument of ratification to the unidroit official depository, following which chinas ratification of the convention and. International interests in mobile equipment convention. The cape town convention and aircraft protocol 4 5. Canada chose to ratify the cape town convention and to adopt alternative a. The cape town convention on international interests in mobile equipment, or cape town treaty is an international treaty that aims to help assetbased aircraft finance transactions by. By continuing to use our website, you are agreeing to our use of cookies. The uk signed the luxembourg protocol to the convention on international interests in mobile equipment on matters specific to railway rolling stock the rail protocol on 26 february 2016 and the uk government is about to commence a consultation process with a view. Implications of ctc for use of trusts in aircraft finance and leasing. It has been produced by the legal advisory panel of the aviation working.
Specific to aircraft finance the protocol they are together. The international interests in aircraft equipment cape town. The convention on international interests in mobile equipment the cape town convention and the relating aircraft protocol jointly, the ctc entered into. Convention on international interests in mobile equipment, 2001. Spains accession to the aircraft protocol of the cape town.
The 2001 cape town convention on international interests in. The convention on international interests in mobile equipment pdf was concluded in cape town on 16 november 2001, as was the protocol on matters specific to aircraft equipment pdf. International interests in aircraft equipment cape town convention. These are complex texts and a detailed analysis of their application to individual transactions needs to be undertaken in every case. Practitioners guide to the cape town convention and the aircraft protocol.
Walton deregistration and export remedies under the cape town convention on international interests in mobile equipment and its aircraft protocol are integral components of the overall suite of remedial rights provided under the treaty and address. The convention and the protocol, adopted under the joint auspices of icao and unidroit, shall be read and interpreted together as a single instrument article 6. New zealand is a signatory to the cape town convention protocol specific to aircraft equipment. As adopted in the united states by the cape town treaty implementation act of 2004 august 9, 2004 which. Consultation on extension of ratification of the cape town. Spain ratifies the aircraft protocol to the cape town convention. This protocol enters into force on the first day of the. The text of the cape town convention and the protocol on matters specific to aircraft equipment are available for purchase in paper format through the international civil aviation organisation icao website at. The convention on international interests in mobile equipment pdf was concluded. Introduction the convention on international interests in mobile equipment, 2001, hereinafter referred to as the cape town convention is arguably the most significant piece of private international law in recent memory. Guidance on the international interests in aircraft equipment. The aircraft protocol to the cape town convention shall finally enter into force in spain on 1 march 2016.
Cape town convention on international interests in mobile. The cape town convention aircraft protocols substantive. The luxembourg rail protocol to the cape town convention. The cape town convention as it is commonly known, as far as it relates to. Administration of china the caac will be a national designated entry point for cape town filings. Mobile equipment convention and an aircraft protocol held at cape town. New zealand acceded to the convention on international interests in mobile equipment the cape town convention and the protocol to the convention on international interests in mobile equipment on matters specific to aircraft equipment the aircraft protocol on july 2010. International interests in aircraft equipment cape town convention regulations 2015 the regulations, implementing the convention on international interests in mobile equipment and protocol thereto on matters specific to aircraft equipment and eu council decision 2009370ec on the accession of the european community to the convention on. The cape town convention aircraft protocols substantive insolvency regime. It cannot have escaped the attention of anyone involved in the aviation finance industry that the uk is currently in the process of ratifying the cape town convention being the convention on international interests in mobile equipment and related protocol on matters specific to aircraft equipment. The cape town convention regime breaks new ground in several respects, including the provisions in regard to its entry into force and the legal relationship between the umbrella convention and the aircraft equipment protocol and provisions respecting the international registration of aircraft engines in.
The international interests in aircraft equipment cape town convention regulations 2015 made 23rd march 2015 laid before parliament 26th march 2015 coming into force in accordance with regulation 2 contents part 1 introductory 1. Gerber and jeffrey wool following a brief history of insolvency law, including a summary of a provision section 1110 of the us bankruptcy code that inspired alternative a of article xi of the aircraft protocol. The european union joined the convention and the aircraft protocol as a regional economic. Deregistration and export remedies under the cape town convention dean n. Unidroit aircraft protocol to the cape town convention. Consultation on extension of ratification of the cape town convention and aircraft protocol to the isle of man.
The convention on international interests in mobile equipment, and its protocol on matters specific to aircraft equipment november 16, 2001. Sep 21, 2016 the convention on international interests in mobile equipment the cape town convention and the relating aircraft protocol jointly, the ctc entered into force in denmark on 1 february 2016. Protocol to the convention on international interests in mobile equipment on matters specific to aircraft equipment cape town, 16 november. Anyone looking to acquire an interest in an australian aircraft should undertake a search of the cape town registry as well as the pps register in australia to check for registered interests in the aircraft. International interest to have effect in the law of the united kingdom. The convention and this protocol shall be known as the convention on international interests in mobile equipment as applied to aircraft objects. Protocol to the convention on international interests in mobile equipment on matters specific to aircraft equipment signed at cape town on 16 november 2001 entry into force. The cape town convention on international interests in mobile equipment, or cape town. The cape town convention on international interests in mobile equipment and its protocol on matters specific to aircraft we use cookies to enhance your experience on our website. Ottawa the honourable denis lebel, minister of transport, infrastructure and communities and minister of the economic development agency of canada for the regions of quebec, today announced action to strengthen the airline industry through the cape town convention and aircraft protocol. Cape town convention and aircraft protocol china on 28 october 2008, chinas legislative body approved the cape town convention and aircraft protocol.
The practitioners guide to the cape town convention and its aircraft protocol, published september 2015 by the aviation working group. Insolvency provisions of the cape town convention gowling wlg. Registration of rights over aircraft, the cape town. Canada ratifies the cape town convention and aircraft protocol. International interests in mobile equipment cape town. This briefing follows on from our client briefings on the convention on international interests in mobile equipment 2001 and the protocol thereto on matters specific to aircraft equipment 2001 the cape town convention and protocol. Cape town convention and aircraft protocol outline. The perfection and priority rules of the cape town convention. This practitioners guide to the cape town convention and the aircraft protocol the guide is the third in a series of guides addressing the practical issues arising in connection with the cape town convention. The cape town convention and its aircraft protocol sandeep gopalan i. Cape town convention and aircraft protocol ministry of. The aircraft protocol on international interest in mobile equipment will come into force on 1 march 2016. The cape town convention and aircraft protocol were agreed in 2001 in cape town, under the auspices of unidroit. For a financier or lessor each a creditor, the virtues of the 2001 cape town convention and its aircraft equipment protocol together cape town are that it aims to.
Protocol to the convention on international interests in mobile equipment on matters specific to aircraft equipment cape town, 16 november 2001. Deregistration and export remedies under the cape town. Recognizes the international registry as an additional place for the filing of interests. Aircraft finance briefing a practical guide to the cape. Cape town convention and aircraft protocol outline this note outlines the key features of the convention and aircraft protocol1. Oct 30, 2019 the ccaa proceedings constituted an insolvencyrelated event as defined in the aircraft protocol and enabled the aircraft financing company to benefit from the remedies provided in the cape town convention, in particular, alternative a. Protocol to the cape town convention on international.
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