AVIATION LAW MALTA

The Aviation Department within Mamo TCV has considerable experience in the major aspects of aviation law. The firm acts for a number of aviation companies and provides wide ranging legal services in the field, including the following areas of practice: 

 

 

REGISTRATION, CERTIFICATION, SALE AND PURCHASE OF AIRCRAFTS  

 

 

The firm provides assistance in all aspects relating to the registration of aircrafts whether such aircrafts are registered in the name of a charterer operating commercially under an Air Operator Certificate (AOC) or whether such aircrafts are registered for private purposes under an Air Services License with the Department of Civil Aviation in Malta.  

 

 

We can provide assistance with the drafting and the preparation of sale and purchase documentation for such aircrafts together with agreements for the leasing and management of aircrafts, whether these are used for commercial or private purposes. 

 

 

Our lawyers have also been involved in coordinating the sale and purchase of aircrafts operating under an AOC in Malta for corporate clients based in various jurisdictions ranging from the United States and Canada to Russia. 

 

 

FINANCING AND SECURITISATION  

 

 

Assistance is provided in respect of the registration of mortgages over aircrafts, the drafting and review of financing documentation whether on behalf of owners or on behalf of financings institutions. 

 

 

CHARTER AND LEASE AGREEMENTS 

 

 

The firm can provide assistance in relation to leasing and chartering (wet, dry or damp) of aircrafts, whether this is required from a registration perspective or a commercial standpoint. Assistance is provided in relation to the review of relevant documentation, the drafting of such lease agreements, and general aspects of leasing related to the refinancing of Airliner business. 

 

 

MAINTENANCE, REPAIR AND SERVICING AGREEMENTS 

 

 

The firm has been involved in the drafting of these agreements. The firm is in fact retained by a major provider of such services in Malta. 

 

 

CLAIMS AGAINST CARRIERS 

 

 

The firm is involved in all aspects of litigation in respect of claims made against carriers. The firm acts as counsel to the Maltese national carrier, in respect of claims that are brought against it under the various international legal instruments regulating the carriage of goods or passengers by air. 

 

 

OPERATIONAL STRUCTURES AND TAX PLANNING 

 

 

The firm has been actively involved in the set up of several operations in Malta. This involvement includes the setting up of tax efficient ownership and operating structures taking into account the various needs of our clients whether these relate to the carrying out of commercial or private operation of aircrafts. 

 

 

Wide ranging advice is given in relation to the attainment of efficient structures for commercial or private operation of aircrafts both from an Income Tax and a Value Added Tax perspective. 

 

 

LITIGATION 

 

 

Lawyers’ who are specialised in all legal aspects of the aviation industry also handle litigation in relation to aviation matters; whether this relates to aviation incidents; arrests or impediment of departure; carriage and cargo claims or disputes relating to financial transactions. 

 

 

Other areas of involvement: