Aviation

Malta is a well-established European jurisdiction for aircraft ownership, registration, leasing and financing, supported by a robust legislative and regulatory framework.

Malta’s aviation legal framework incorporates the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol through the Aircraft Registration Act. The framework provides financiers, lessors and owners with greater legal certainty through internationally recognised rules governing the priority and enforcement of interests in aircraft and aircraft engines, together with enhanced remedies in the event of default or insolvency.

A further advantage is the Cape Town Discount, under which qualifying aircraft financing transactions may benefit from a reduction in the applicable minimum premium rates for officially supported export credit financing. This reduction can lower the overall cost of financing and is an important factor in Malta’s attractiveness for aircraft financing and leasing.

Malta also offers favourable VAT treatment for qualifying commercial aviation activities. An exemption with credit applies to the supply and importation of aircraft destined for use by airline operators for reward chiefly for the international transport of passengers and/or goods, together with certain related supplies and services, including the modification, maintenance, chartering and hiring of qualifying aircraft. This can provide an additional advantage for qualifying airline and international charter operations.

Malta’s position as an EU Member State, together with its established corporate and legal framework and flexible approach to aircraft ownership and registration structures, makes it an attractive jurisdiction for private aircraft owners, aviation businesses, operators, lessors and financiers.

Our Role

David Zahra & Associates Advocates provides practical and commercially focused legal advice to aircraft owners, corporate groups, operators, aircraft management and charter businesses, lessors, financiers and other participants in the aviation sector.

As a boutique firm, we combine this with a high level of accessibility, responsiveness and personalised service, working closely with clients and coordinating with regulators, technical advisers and other stakeholders where required to deliver efficient and solution-driven support across a broad range of aviation matters.

Our aviation practice builds on the firm’s established experience in corporate and commercial law, transactions, employment and dispute resolution, allowing us to support clients across the legal aspects of aircraft ownership, acquisition, financing and aviation operations.

We assist both local and international clients and regularly work alongside foreign counsel, tax advisers and other professional advisers in coordinating the Maltese aspects of cross-border aviation transactions and structures.

Our experience in the sector spans a range of aviation clients, including aircraft operators, private aviation and aircraft management businesses. This includes advising, over a number of years, a leading operator in the African rotary-wing aviation services sector, providing the firm with practical insight into the legal and commercial requirements of international aviation businesses.

Our Services

Our aviation services include:

Aircraft Registration & Structuring – providing support in connection with aircraft registration and de-registration in Malta and advising on the establishment and structuring of aircraft-holding, ownership and related corporate structures;
Aircraft Acquisitions & Disposals – providing legal and transactional assistance in connection with aircraft sale and purchase transactions, and coordinating with other advisers where required;

Leasing & Finance Support – advising on aircraft lease agreements (including operating and finance leases), the registration of leases and related interests under the Cape Town Convention, and the financing and security arrangements used by lenders and lessors, including mortgage documentation.

Commercial Contracts – assisting with the review, drafting and negotiation of aviation-related commercial agreements.
Corporate & Governance Matters – advising aircraft-owning and aviation businesses on corporate governance, shareholder arrangements, reorganisations and other corporate matters connected with aircraft ownership and aviation operations;
Employment Matters – assisting aviation businesses with crew, employee and contractor agreements and other Maltese employment law matters; and
Dispute Resolution & Claims Support – advising on commercial and contractual disputes, enforcement, debt recovery and the coordination of claims and dispute strategy.

For more information, feel free to get in touch with David at david@davidzahra.com , Alexia at alexia@davidzahra.com or Giulio at giulio@davidzahra.com

Our Expertise

Shipping

Corporate M&A

Corporate Restructuring

Financial Services

Employment and Labour

Competition and EU Law

Real Estate

Intellectual Property

Residency

Sports Law

Malta is a well-established European jurisdiction for aircraft ownership, registration, leasing and financing, supported by a robust legislative and regulatory framework.

Malta’s aviation legal framework incorporates the Cape Town Convention on International Interests in Mobile Equipment and its Aircraft Protocol through the Aircraft Registration Act. The framework provides financiers, lessors and owners with greater legal certainty through internationally recognised rules governing the priority and enforcement of interests in aircraft and aircraft engines, together with enhanced remedies in the event of default or insolvency.

A further advantage is the Cape Town Discount, under which qualifying aircraft financing transactions may benefit from a reduction in the applicable minimum premium rates for officially supported export credit financing. This reduction can lower the overall cost of financing and is an important factor in Malta’s attractiveness for aircraft financing and leasing.

Malta also offers favourable VAT treatment for qualifying commercial aviation activities. An exemption with credit applies to the supply and importation of aircraft destined for use by airline operators for reward chiefly for the international transport of passengers and/or goods, together with certain related supplies and services, including the modification, maintenance, chartering and hiring of qualifying aircraft. This can provide an additional advantage for qualifying airline and international charter operations.

Malta’s position as an EU Member State, together with its established corporate and legal framework and flexible approach to aircraft ownership and registration structures, makes it an attractive jurisdiction for private aircraft owners, aviation businesses, operators, lessors and financiers.

Our Role

David Zahra & Associates Advocates provides practical and commercially focused legal advice to aircraft owners, corporate groups, operators, aircraft management and charter businesses, lessors, financiers and other participants in the aviation sector.

As a boutique firm, we combine this with a high level of accessibility, responsiveness and personalised service, working closely with clients and coordinating with regulators, technical advisers and other stakeholders where required to deliver efficient and solution-driven support across a broad range of aviation matters.

Our aviation practice builds on the firm’s established experience in corporate and commercial law, transactions, employment and dispute resolution, allowing us to support clients across the legal aspects of aircraft ownership, acquisition, financing and aviation operations.

We assist both local and international clients and regularly work alongside foreign counsel, tax advisers and other professional advisers in coordinating the Maltese aspects of cross-border aviation transactions and structures.

Our experience in the sector spans a range of aviation clients, including aircraft operators, private aviation and aircraft management businesses. This includes advising, over a number of years, a leading operator in the African rotary-wing aviation services sector, providing the firm with practical insight into the legal and commercial requirements of international aviation businesses.

Our Services

Our aviation services include:

Aircraft Registration & Structuring – assisting with the registration and de-registration of aircraft in Malta and advising on the establishment and structuring of aircraft-holding, ownership and related corporate structures;
Aircraft Acquisitions & Disposals – advising on aircraft sale and purchase transactions, including transaction structuring, legal due diligence, drafting and negotiation of transaction documents and coordination of closings;

Leasing & Finance Support – advising on aircraft lease agreements (including operating and finance leases), the registration of leases and related interests under the Cape Town Convention, and the financing and security arrangements used by lenders and lessors, including mortgage documentation.

Commercial Contracts – drafting and negotiating aviation-related commercial agreements, including aircraft management agreements, maintenance and service agreements and other operational arrangements;
Corporate & Governance Matters – advising aircraft-owning and aviation businesses on corporate governance, shareholder arrangements, reorganisations and other corporate matters connected with aircraft ownership and aviation operations;
Employment Matters – assisting aviation businesses with crew, employee and contractor agreements and other Maltese employment law matters; and
Dispute Resolution & Claims Support – advising on commercial and contractual disputes, enforcement, debt recovery and the coordination of claims and dispute strategy.

For more information, feel free to get in touch with David at david@davidzahra.com , Alexia at alexia@davidzahra.com or Giulio at giulio@davidzahra.com