Practice Areas >Aviation & Shipping > Aircraft Registration > Requirements & Eligibility
Requirements
Aircraft Registration Requirements
Registration of an aircraft has been designed by the Maltese authorities to be a smooth and quick procedure. In order for the aircraft to be registered, an applicant must submit the following documentation to the Civil Aviation Directorate (“CAD”):
- A completed application form;
- Evidence portraying the ownership of the aircraft;
- In the event that the aircraft is being operated under lease, then the lease agreement should be produced together with all other documents;
- Proof that the registrant is qualified to apply to register the aircraft;
- Certificate of de-registration in the event that the aircraft is currently registered elsewhere;
- Documentation evidencing the registration of any mortgages on the aircraft.
Eligibility
Eligibility for Registration of an Aircraft in Malta
In Malta, aircrafts may be registered by any one of the following:
- an owner of the aircraft who operates the said aircraft;
- an owner of an aircraft under construction or temporarily not being operated or managed;
- an operator of an aircraft under a temporary title; and
- a purchaser of an aircraft under a conditional sale or title reservation agreement, who is authorised to operate the aircraft.
In addition to the above, depending on whether the aircraft is used in commercial air service or for private purposes, additional criteria must be satisfied in order for the person in question to qualify to register an aircraft in Malta.
Commercial Air Service
In the case of commercial air service, only the following persons are qualified to register an aircraft in Malta:
- The Government of Malta;
- A citizen of Malta or a citizen of a Member State of the EU or of a State forming part of the EEA or Switzerland having a place or residence or business in the mentioned territories including a person who is also an owner of such aircraft by virtue of the community of acquests subsisting between such person and a citizen as defined before in whose name the aircraft is registered; and
- An undertaking formed and existing in accordance with the laws of Malta, of a Member State of the EU, or a state forming part of the EEA, or Switzerland and having its registered office, central administration and principal place of business within the mentioned territories whereof not less than 50% of the undertaking is owned and effectively controlled by the Government of Malta, or by any Member State of the EU or by persons referred to above, whether directly or indirectly through one or more intermediate undertakings.
Private Aircraft
In the case of private aircrafts, any natural person who is a citizen of, or an undertaking established in a member country of the Organisation for Economic Cooperation and Development (OECD) and an International Registrant approved by the Minister by notice for the purposes of the Act, is qualified to register a private aircraft in Malta, provided that it:
- has legal capacity to own/operate an aircraft in accordance with the law;
- appoints a local resident agent to represent the owner in Malta for matters concerning the registration of the aircraft;
- observes any conditions imposed by the International Registrant (where applicable); and
- satisfies the Director General that it shall comply with all applicable regulations and/or guidelines.
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How we can help
Gonzi & Associates, Advocates boasts qualified professionals who have accumulated several years of experience in this area and who are well-equipped to provide the following:
- Assistance to clients in registering their aircraft in Malta;
- Obtaining Air Operator’s Certificates and Air Operator’s Licences;
- Provide advice on asset financing, insurance and aircraft leasing;
- Assistance with the registration of security interests over aircrafts;
- Assistance with tax planning in the realm of aviation;
- Assistance with the sale & acquisition of aircrafts; and
- Assistance with disputes involving aircrafts before the Maltese Courts and arbitration tribunal.