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Aviation

Aviation

Practice Area Overview

Malta is well on its way to becoming a main player in Europe’s aircraft operations, management and registration industry. The sector has blossomed thanks to Malta’s attractive legislative framework and a competitive and transparent fiscal and taxation regime. Attracting world leading companies in aircraft leasing and operators of commercial and luxury private aircraft, Malta is fast becoming a regional hub of international repute. In fact, aviation is today one of the fastest growing industries with significant potential for further growth.

Malta has also propelled itself as one of the most attractive European jurisdictions when it comes to the importation of aircraft into the European Union.

Maltese law also allows for the incorporation of cell companies that conduct shipping or aviation business, with each cell having distinct assets and liabilities and can therefore be used to carry out separate and distinct business from the core company and from the other cells. This is proving to be an indispensable tool for insurance companies, securitisation vehicles and investment companies.

Our dedicated Aviation Team within Mamo TCV has amassed considerable experience in all aspects of aviation law. Our firm has supported international clients in aircraft registration, leasing, purchase, operation, importation and litigation relating to aviation law. In fact, along the years, we have been retained by a number of clients including international financial institutions and public authorities, on a wide range of matters.

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Scope of Services
  • Incorporation of aircraft owning/managing/operating entities(Air Operator Certificate (AOC) /Air Operating License (AOL) holders .
  • Advisory services in relation to ownership/operation structuring (in relation to EC 1008/2008 relating to the provision or air services amongst others)
  • Advisory services in relation to tax matters corporate tax, personnel tax, social security/national insurance/home base rules, Value Added Tax (VAT), capital gains and documentary taxes)
  • Customs Importation (including temporary importation)
  • Advising on and negotiating aircraft sale and purchase
  • Handling aircraft finance briefs including mortgage and Cape Town Convention (CTC) (security/international interest) registration, drafting of aircraft security packages (aircraft security agreements, share pledges, security assignments and IDERAs/DPOAs) and review of loan/facility documentation
  • Advising on the incorporation and use of aircraft asset protected cell companies in Malta (MAPCC)
  • Aviation litigation including asset tracing, aircraft arrest, enforcement of mortgages/mortgagee in possession rights/ International and security interests under the Cape Town Convention (CTC)
  • Advising on termination of lease arrangements and repossession on behalf of Lessors/Financiers (including enforcement on the basis of IDERAs and DPOAs (irrevocable Deregistration and Export Request/De Registration Power of Attorney)
  • Advisory services on cross border and 83Bis arrangements

Key Contacts

Nicholas Valenzia
Joseph Camilleri

“Mamo TCV Advocates is well-versed in all aspects of aviation law, including asset financing, acquisitions and disposals, liability claims, and aircraft repossession and arrest. The practice is noted for its strong expertise in complex corporate structures involving the ownership and operation of aircraft. On the policy front, the group is sought after to advise on the implementation of laws and regulations. Co-head Nicholas Valenzia typically advises lessors, banks, and operators on asset management and financing transactions. Co-head Joseph Camilleri is a key contact for litigations related to asset recovery, and aircraft repossession and arrest.”

The Legal 5002022

“The team at Mamo TCV Advocates offers clients a complete service when it comes to aviation matters. It has been engaged by the Maltese government to act as the legal adviser on legislative matters and regularly acts for major financiers. Nicholas Valenzia and Joseph Camilleri head the practice.”

The Legal 5002021

“Mamo TCV Advocates' aviation practice specialises in asset finance, tax and corporate set-ups, aircraft ownership and leasing, and claims handling. Recently, the team has also advised on – and helped draft – national and European legislation. Nicholas Valenzia goes 'the extra mile to understand and service client needs professionally'; he jointly heads the department with Joseph Camilleri.”

The Legal 500 - Ranked Tier 12020

“Mamo TCV Advocates' team has particular expertise in handling commercial aircraft purchase agreements, sales and leaseback transactions, employment contracts and aircraft repossessions. Key contacts Nicholas Valenzia and Joseph Camilleri are praised for their 'scope and depth of legal expertise and advice'.”

The Legal 5002019

“Mamo TCV Advocates covers the full gamut of aviation work and is noted for its experience in complex corporate structures relating to the ownership and operation of aircraft. The group also handles aircraft repossessions and arrests, tax structuring issues and asset finance mandates. Practice head Nicholas Valenzia and litigator Joseph Camilleri are the key contacts.”

The Legal 5002018

“[The firm] 'develops close business relationships with its clients' and is recommended for aircraft leases, aviation-related litigation and tax advice on the importation of aircraft, and has additional core strength in finance.”

The Legal 5002016 - Ranked Tier 1