Aircraft Registration In Cameroon
An aircraft registration in Cameroon is a code unique to a single aircraft, required by international convention to be marked on the exterior of every civil aircraft. The registration indicates the aircraft’s country of registration, and functions much like an automobile license plate or a ship registration. This code must also appear in its Certificate of Registration, issued by the relevant civil aviation authority (CAA). An aircraft can only have one registration, in one jurisdiction, though it is changeable over the life of the aircraft.
Most often, aircraft are registered in the jurisdiction in which the carrier is resident or based, and may enjoy preferential rights or privileges as a flag carrier for international operations.
Carriers in emerging markets may be required to register aircraft in an offshore jurisdiction where they are leased or purchased but financed by banks in major onshore financial centres. The financing institution may be reluctant to allow the aircraft to be registered in the carrier’s home country (either because it does not have sufficient regulation governing civil aviation, or because it feels the courts in that country would not cooperate fully if it needed to enforce any security interest over the aircraft), and the carrier is reluctant to have the aircraft registered in the financier’s jurisdiction (often the United States or the United Kingdom) either because of personal or political reasons, or because they fear spurious lawsuits and potential arrest of the aircraft.
Cameroon’s ratification of the Cape Town Convention clearly facilitates the process of acquiring and financing aircraft. In a nutshell the current Cameroon Aviation law regime recognizes and adopts all known legal mechanism and techniques required to establish itself as a premier aviation services jurisdiction:
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- recognition of fractional ownership of aircraft, as well as the possibility of establishing segregated cells within aviation undertakings;
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- the possibility to register an aircraft under construction;
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- the possibility for non CEMAC interests to register aircraft not engaged in air services or under construction, provided that a resident agent is appointed;
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- international qualification to register aircraft, via operators based in Cameroon or the CEMAC region;
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- irrevocable de-registration and export powers of attorney and other special powers of attorney granted as security to financiers etc., will be recognized and may be entered into the register;
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- aircraft form separate and distinct assets within the estate of their owners for the security of actions and claims to which the aircraft is subject (in case of bankruptcy of the owner of an aircraft, all actions and claims, to which the aircraft may be subject, shall have preference over all other debts of the owner’s estates);
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- preservation of special privileges or reservation of title of aircraft on accessories of aircraft;
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- aircraft mortgages fully recognized and enforceable, with full self-help remedies available to the mortgagee;
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- Mortgagee and other holders of a security interest are protected even when the aircraft ceases to be registered in Cameroon. The Registrar is empowered to communicate independently with the mortgagee or holder of any security interest to take all action required, including granting extensions for the validity of relevant registrations, the orderly closure of the registry and enforcement of the mortgage or other security interest, and the safe operation of the aircraft.
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Article by CHUO ANGABUA JUNIOR
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