The registration of an aircraft in Malta is regulated by the Aircraft Registration Act (2010). This Act lays down the procedure on how and who may register an aircraft in accordance with Maltese law. As far as registration is concerned, the Act lays down the general procedures and requirements for an aircraft to be registered in accordance with Maltese law whilst also taking into consideration novel concepts such as the registration of mortgages and international interests in accordance with the provisions of the Cape Town Convention.
Maltese registered aircrafts are recorded in a register by the Director General whose authority falls under the Civil Aviation Directorate, the main authority responsible for aircraft registration.
Even though Maltese law is not restrictive on the types of aircrafts that are registered in Malta, not any individual can register an aircraft in Malta. The following individuals may register an aircraft in Malta:
Such owner, operator or buyer is permitted to register an aircraft in Malta if that individual or company is either of the following:
With regards private aircrafts, a natural person who is a citizen of, or an undertaking established in a jurisdiction approved by the Minister by the Legal Notice ‘Aircraft Registrations (Approved Jurisdictions) Regulations, 2011’, for the purposes of the Act (termed “International Registrant” in the Act), provided it has legal capacity to own / operate an aircraft in terms of law, may register an aircraft under Maltese law. When an application is submitted by an International Registrant from an approved jurisdiction, the applicant is required to appoint, prior to registration of an aircraft, a Resident Agent who shall be based in Malta and who shall act as the channel of communication between the International Registrant and the Director General and other Maltese government departments and authorities.
Where an applicant seeking to register a Maltese aircraft in its name is a body corporate and is resident outside Malta, it is required to produce the following documentation to the Directorate of Civil Aviation:-
Article written by Dr Sean Xerri de Caro.
For more information on the Registration of Aircrafts in Malta, including legal and non-legal documentation to be presented to the Authority, kindly contact Dr. Robert Tufigno on rtufigno@gtgadvocates.com or Dr. Sean Xerri de Caro on sxerridecaro@gtgadvocates.com.
This article is not intended to impart legal advice and readers are asked to seek verification of statements made before acting on them.