Notice
to banks and financiers dealing with aviation finance
From: Merriam Machika,
HOO: Aircraft Registry
South African Civil Aviation Authority
Tel: +27 11 545-1075
Fax: +27 11
545-1070
email: machikam@caa.co.za
TO: BANKS AND FINANCIERS DEALING WITH AVIATION
FINANCE
Enquiries: Aircraft Registry
Telephone: 011-545-1075,
1271,1068,1069,1073
Fax: 011-545-1070
Reference:
CA22/3/General
Dear Bank
Manager / Financier / Aircraft Dealer or Agent
CONVENTION
ON THE INTERNATIONAL RECOGNITION OF RIGHTS IN AIRCRAFT ACT, 1993 (ACT NO 59 OF
1993) and MORTGAGING OF AIRCRAFT REGULATIONS, 1997 (MAR’s);
AVIATION ACT NO 74 OF 1962 and CIVIL AVIATION REGULATIONS, 1997 as amended (CAR’s)
1. The above-mentioned act and
regulations which were implemented on
Kindly
note that from
1 April 2005 he applicable fees set out under excluded 14% VAT in terms of
section 24(1) of VAT Act:
Recording
of a mortgage in the register of aircraft mortgages: R610.00
Endorsement
of mortgage details on Certificate of Registration: R340.00
New
Certificate of Registration if change of owner is required: R470.00
Amendment
of Certificate of Registration if change of address
or name of company or CC is required: R340.00
2. Please note that the prescribed forms
published in the said Gazette of
3. The following procedure for preparation of
the mortgage is suggested:
3.1 Firstly determine the ownership status of the
aircraft on the SA Civil Aircraft Register. If a change of ownership is
necessary, the new owner of the aircraft must complete pages 2, 3 and 9 of Form
CAR47A enclosed herewith. The supporting documents applicable to this
particular application must be found on page 4 and the present registered owner
(seller) of the aircraft must complete page 8 of the same form.
3.2 If the aircraft is already registered in the
name of the mortgagor (the bank's client), but the postal address on the
Certificate of Registration is outdated, the registered owner must complete
page 2, paragraphs 3.1, 3.3 and 3.7 of page 5 and page 9 of Form CAR47A.
3.3 The present registered owner of the aircraft
must, IN ALL CASES, apply for endorsement of the Certificate of Registration
with the mortgage details, by completing page 2, paragraphs 3.1 and 3.7 of page
5, and page 9. Kindly also take notice of paragraph 3.7 on Form MAR 2.1, in
terms of which it is compulsory to have the aircraft registered in the name of
the mortgagor BEFORE application is made for registration of the mortgage. It is suggested that the mortgagee (bank or
financier) requests a copy of the Certificate of Registration from the
mortgagor first. In terms of Regulation
CAR47.00.8 the mortgagor must simultaneously apply for amendment
of the Certificate of Registration on pages 1, 5 and 9 of Form CAR47A for endorsement
of the certificate indicating the mortgage details. Please note that paragraph 3.7 of Forms
MAR2.1 or MAR2.2 is not applicable when the mortgagor has its principal place
of business outside the
3.4 Only after completion of the aforegoing steps, should you continue with completion of
Form MAR2.1.
3.5 You are requested to study the Notes
on page 1 of each form thoroughly to comply with its requirements
before delivery of your documents, especially the procedure for certification
of documents in Note (ii), as well as marking of the annexures in Note (iii). Please also note that the authorisation in Note (iv)
requires written authorisation by means of a Resolution
by the Mortgagor. An example of a Resolution which you may use, is attached hereto. However, please note that the
resolution on Page 9 of Form CAR47A, and the
"Example Resolution" regarding the mortgage are two different
resolutions, and BOTH MUST ALWAYS BE SUBMITTED where the
aircraft owner and/or mortgagor are not one private individual.
3.6 Please keep in mind that the action of the
Commissioner of Oaths who takes down the oath from the Mortgagor on page 4, and
the action of the certification of all annexures as
well as the two certified copies of the mortgage, are
two completely different actions. The oath may be taken down by a Commissioner
of Oaths at the bank or financier, but the certification must always be done by
a non-interested party. Also note that, in terms of the MAR's, the full amount of the mortgage MUST
be completed in par. 4 on page 3 of MAR2.1, and these forms MAY be
completed in BLACK INK ONLY.
4. Kindly ALWAYS arrange an appointment
telephonically for lodging or collection of documents.
5. Please do not hesitate to contact any staff member of Aircraft
Registry with any further enquiries you may have in this regard.
Yours
faithfully
for: COMMISSIONER
FOR CIVIL AVIATION