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.

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 - Mamo TCV Advocates
Nicholas Valenzia
Joseph Camilleri - Mamo TCV Advocates
Joseph Camilleri

Mamo TCV Advocates' aviation team is highly efficient and well connected with the authorities, which has been invaluable in aircraft importation and change of ownership matters, among other things.

The Legal 5002026

Nicholas Valenzia and the team are super, flexible, very responsive, and available to help us in different areas of law.

The Legal 5002026

Joseph Camilleri is an outstanding lawyer. His deep knowledge of Maltese law, combined with his masterful presentation skills, allows him to consistently deliver legal analysis that is both thorough and highly detailed.

The Legal 5002026

They combine strong technical expertise with a pragmatic, solutions-driven approach, ensuring smooth execution for clients. Their responsiveness and ability to collaborate effectively set them apart from other firms in the sector.

The Legal 5002026

The team is excellent. The service provided is highly qualified and managed to deliver very satisfactory work results. The work is uncomplicated and more goal-oriented than that of others. The billing team is very organised.

The Legal 5002026

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