Apart from the Indian aircraft register maintained with the DGCA in India, there is no other register which maintains entries regarding ownership and other details in relation to an aircraft (this, apart from the filings made on the International Registry – not being focussed upon in this article).
The parameters recorded on the Certificate of Registration by the DGCA include:
- Name of the Owner of the Aircraft;
- Name of the Lessor of the Aircraft;
- Name of the Lessee of the Aircraft and;
- Name of Mortgagee of the Aircraft.
More often than not, a financing or refinancing of an aircraft requires an existing Certificate of Registration (“CoR”) to be amended to change any of the 4 parameters mentioned above. This process may be carried out either by:
- The Owner of the aircraft;
- The Lessee of the aircraft;
- The Lessor of the aircraft or;
- Anyone authorised by the 3 entities above.
The process is simple, however can be time consuming. Most of the time is consumed in the DGCA verifying the correct details which are to be amended / updated on the CoR. The documentation required to successfully amend a CoR are as follows:
- A covering letter explaining the reason for amendment of CoR;
- A duly completed CA-28 aircraft registration form;
- A request letter from the Owner (stating, inter-alia, that it has no objection to the amendment of the CoR);
- A request letter from the Lessor;
- A request letter from the Lessee;
- A request letter from the Mortgagee;
- The requisite fee (50% of the fee payable for registration of an aircraft);
- The original CoR (which requires amendment);
- Powers of attorney authorising the representative of the applicant (if applicable) to apply to the DGCA for such amendment.
Do bear in mind that the 50% fee is to be paid online and the DGCA no longer accepts demand drafts and / or any other form of payment.
In case of a sale of the aircraft, an affidavit will be required from the vendor (in compliance of Rule 33 of the Indian Aircraft Rules, 1937) stating that it has received all the sale proceeds in full from the Vendee.
In case all the aforementioned documentation is in order, the amended CoR should be made available by the DGCA within a matter of weeks.
Author: Nitin Sarin
Date: 19th January 2017