Aircraft Registration (International Registrant) Regulations,

L.N. 537 of 2010

AIRCRAFT REGISTRATION ACT

(CAP. 503)

Aircraft Registration (International Registrant) Regulations,

IN exercise of the powers conferred by article 56 of the

Aircraft Registration Act, the Minister for Infrastructure, Transport

and Communications has, in consultation with the Authority for

Transport in Malta, made the following regulations:–

The title of these regulations is the Aircraft Registration

(International Registrant) Regulations, 2010.

Regulation 3(2)

DECLARATION OF APPOINTMENT OF RESIDENT AGENT

1. Name and Surname of International

Registrant if individual, or full

undertaking name if body corporate.

Nationality and place of habitual

residence of International Registrant,

if individual, or registered office

address if body corporate.

(hereinafter referred to as the “International Registrant”), HEREBY APPOINTS

…………………………………….of …………………………………(hereinafter referred to as

the “Resident Agent”), as its resident agent for the purposes of article 19 of the Aircraft

Registration Act, 2010 (hereinafter referred to as “the Act”).

2. It is understood and accepted that it shall be the function of ………………………as resident

agent to

(a)

act as a channel of communication between the International Registrant and the Maltese

government departments and authorities;

(b) sign and file with the Maltese government departments and authorities, on behalf of the

International Registrant, declarations and forms required in terms of Maltese Law;

(c) act as a judicial representative of the international registrant for judicial proceedings in

Malta, and for the purpose of the Aircraft Registration Act, any official notice sent to the

resident agent at his last registered address shall be deemed to have been duly received by

and notified to the international registrant.

3. ……………………………is hereby empowered to

(a) sign and file on behalf of the International Registrant, applications, declarations, notices,

returns and any other document required in terms of Maltese Law;

(b) apply, on behalf of the International Registrant, for the registration of an aircraft under the

Act and for the closure of register of an aircraft, and to perform any ancillary act in relation

thereto;

(c)

pay, on behalf of the International Registrant, all relative fees and taxes payable in terms of

Maltese law;

(d) do, on behalf of the International Registrant, all other things as may be considered

conducive or ancillary for the registration of aircraft under the Act or for the maintenance

of such registration;

(e)

do, on behalf of the International Registrant, all other things as may be considered

conducive or ancillary for the cancellation of the registration of aircraft under the Act;

(f)

authenticate documents issued by the International Registrant;

(b) apply, on behalf of the International Registrant, for the registration of an aircraft under the

Act and for the closure of register of an aircraft, and to perform any ancillary act in relation

thereto;

VERŻJONI

ELETTRONIKA

(c)

pay, on behalf of the International

Registrant,

all relative fees and taxes payable in terms of

Maltese law;

(d) do, on behalf of the International Registrant, all other things as may be considered

conducive or ancillary for the registration of aircraft under the Act or for the maintenance

of such registration;

(e)

do, on behalf of the International Registrant, all other things as may be considered

conducive or ancillary for the cancellation of the registration of aircraft under the Act;

(f)

authenticate documents issued by the International Registrant;

(g) receive formal notification on behalf of the International Registrant when notifications are

required in relation to an aircraft or any mortgage thereon, under the provisions of the Act

or any agreement.

In these regulations, unless the context otherwise

requires

“the Act” means the Aircraft Registration Act;

“approved jurisdiction” has the same meaning given to

it in the Act;

“EEA State” means —

(a) a Member State of the European Union;

(b) Norway, Iceland or Liechtenstein;

“undertaking” has the same meaning assigned to it in the

Companies Act.

(1) For the purposes of article 6(1) of the Act, in

addition to the case referred to in article 19 of the Act, the

following persons shall also be qualified to register an aircraft that

is in construction or one which is not used to provide air services,

in the National Aircraft Register, and Part II of the Act shall apply

mutatis mutandis to -

(a) a citizen of Malta, or a citizen of any other EEA

State or Switzerland but not having a place of residence or

business in Malta or in any other EEA State; or

(b) an undertaking formed and existing in accordance

with the laws of Malta, but with less than fifty per cent of its

ownership held by citizens of Malta or of any other EEA State

or Switzerland, and its effective control is carried out in Malta

or in any other EEA State or Switzerland, provided however,

that each of the shareholders and directors of the undertaking

are a citizen of, or an undertaking established in, an approved

jurisdiction; or

(c) a trustee where the beneficiaries are persons

mentioned in paragraphs (a) or (b).

(2) Where an undertaking formed and existing in

accordance with the laws of Malta, or a trustee is a corporate

trustee and has among its directors or administrators, one natural

person who satisfies the requirements of sub-article (1) of article 20

of the Act, then such person shall be designated to be the resident

agent for the purpose of Part III of the Act in accordance with the

formalities stipulated in the Schedule to these regulations.

(3) Where there are more than one person who are

qualified to act as resident agent in accordance with sub-article (1)

of article 20 of the Act, the undertaking shall designate one of those

persons to act as resident agent.

article (1) of article 20 of the Act, the undertaking shall

designate one of those persons to act as resident agent.

B

The Resident Agent may appoint in writing any other person to act on his behalf provided that in

doing so, the Resident Agent shall not be relinquishing the functions, powers and responsibilities

duly conferred on him.

The International Registrant is aware of the provisions of Maltese law that, inter alia, an

international registrant in whose name an aircraft is, or has been registered under the Act, or in

whose name a certificate of registration of aircraft has been issued, shall be deemed to have

submitted to the jurisdiction of the Maltese courts in terms of article 742(1)(g) of the Code of

Organisation and Civil Procedure for any action in connection with the aircraft while it is or was so

registered.

The undersigned declares that he is empowered to sign this declaration in the name of the International

Registrant.

Signed this ........day of ………of the year ……………. by …………………………….. in the presence of

………………………………

Signature of Declarant

€0.37