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Category | CIVIL AVIATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
Date of Promulgation | 1997-10-21 | Effective Date | 1997-10-21 |
Regulations of the People's Republic of China on Civil Aircraft Rights Registration |
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Article 1 These Regulations are formulated in accordance with the
Civil Aviation Law of the People's Republic of China.
Article 2 Handling of formalities of civil aircraft rights registration
in the People's Republic of China shall abide by these Regulations.
Article 3 The competent department of civil aviation under the State
Council shall take charge of the work of civil aircraft rights registration,
set up a civil aircraft rights registration book and uniformly record the
particulars of civil aircraft rights registration.
Particulars of rights registration of the same civil aircraft shall
be recorded in the same rights registration book.
Article 4 In going through formalities of registration of ownership, the
right of possession or mortgage rights of a civil aircraft, the obligee of the
civil aircraft shall, pursuant to the provisions of the competent department
of civil aviation under the State Council, fill out separately application
forms for the registration of ownership, the right of possession and mortgage
rights of the civil aircraft and present the corresponding documents
prescribed in Article 5 to Article 7 of these Regulations to the competent
department of civil aviation under the State Council.
In going through formalities of registration of priority rights of a civil
aircraft, the creditor of priority rights of the civil aircraft shall, within
three months from the date of termination of rescue or safekeeping and
maintenance and pursuant to the provisions of the competent department of
civil aviation under the State Council, fill out the application form for the
registration of priority rights of civil aircraft and present documents
adequate to prove his/her legal status and relevant documents of obligation to
the competent department of civil aviation under the State Council.
Article 5 In going through formalities of registration of ownership of a
civil aircraft, the owner of the civil aircraft shall present the following
documents or their duplicated copies checked and found to be correct:
(1) the civil aircraft nationality registration certificate;
(2) document of proof obtained on the ownership of the civilian aircraft;
and
(3) other necessary relevant documents the presentation of which is
required by the competent department of civil aviation under the State
Council.
Article 6 In going through formalities of registration of the right of
possession of a civil aircraft, the possessor of the civil aircraft shall
present the following documents or their duplicated copies checked and found
to be correct:
(1) the civil aircraft nationality registration certificate;
(2) the civil aircraft ownership registration certificate or the
corresponding document of proof of ownership; for civil aircraft
the mortgage of which has been designated, relevant documents of proof
shall also be provided;
(3) the purchase-sale contract or lease contract of civil aircraft
in conformity with the provisions of Section 2 or Section 3 of Article 11
of the Civil Aviation Law of the People's Republic of China; and
(4) other necessary relevant documents the presentation of which is
required by the competent department of civil aviation under the State
Council.
Article 7 In going through formalities of registration of mortgage
rights of civil aircraft, the mortgage creditor and mortgage debtor shall
present the following documents or their duplicated copies checked and found
to be correct:
(1) the civil aircraft nationality registration certificate;
(2) the civil aircraft ownership registration certificate or
corresponding documents of proof of ownership;
(3) the civil aircraft mortgage contract; and
(4) other necessary relevant documents the presentation of which is
required by the competent department of civil aviation under the State
Council.
Article 8 In the case of designation of one mortgage right for more
than two civil aircraft or more than two items of mortgage rights for
the same civil aircraft, the civil aircraft mortgage creditor and
mortgage debtor shall separately go through formalities of registration of
mortgage rights with respect to each and every civil aircraft or each and
every item of mortgage rights.
Article 9 The competent department of civil aviation under the State
Council shall, within seven working days from the date of receipt of
an application for registration of rights of a civil aircraft, examine
the particulars of the application for registration of rights. For the
application found to conform to the provisions of these Regulations upon
examination, a corresponding civil aircraft rights registration certificate
shall be issued to the obligee of the civil aircraft and corresponding
particulars provided for in Article 10 to Article 13 of these Regulations
recorded in a civil aircraft rights registration book in the light of
different circumstances; for the application found not in conformity with
the provisions of these Regulations, the obligee of a civil aircraft shall be
notified in writing.
Article 10 The competent department of civil aviation under the State
Council shall, in issuing a civil aircraft rights registration certificate
to the owner of a civil aircraft, record the following particulars in a civil
aircraft rights registration book:
(1) nationality, nationality mark and registration mark of the civil
aircraft;
(2) name or title, address and name of his/her legal representative of
the owner of the civil aircraft;
(3) in the case of a civil aircraft jointly owned by several persons,
information on joint ownership by them of the civil aircraft shall be
recorded;
(4) the way in which and the date on which the ownership of the civil
aircraft was obtained;
(5) name of the manufacturer, date of manufacture and place of manufacture
of the civil aircraft;
(6) value, material of aircraft fuselage and main technical data of the
civil aircraft;
(7) for a civil aircraft the mortgage of which has been designated,
information on the designation of mortgage rights shall be recorded;
(8) registration date of the ownership of the civil aircraft; and
(9) other particulars prescribed by the competent department of civil
aviation under the State Council.
Article 11 The competent department of civil aviation under the State
Council shall, in issuing a civil aircraft right of possession registration
certificate to the possessor of a civil craft, record the following
particulars in the civil aircraft rights registration book:
(1) nationality, nationality mark and registration mark of the civil
aircraft;
(2) name or title, address and name of his/her legal representative of the
possessor, owner or lessor of the civil aircraft;
(3) the way in which and the date on which the right of possession of the
civil aircraft was obtained and the agreed terms of possession;
(4) registration date of the right of possession of the civil aircraft;
and
(5) other particulars prescribed by the competent department of civil
aviation under the State Council.
Article 12 The competent department of civil aviation under the State
Council shall, in issuing a civil aircraft mortgage rights registration
certificate to a civil aircraft mortgage creditor, record the following
particulars in the civil aircraft rights registration book:
(1) nationality, nationality mark and registration mark of the civil
aircraft mortgaged;
(2) names or titles, addresses and names of their legal representatives
of the mortgage creditor and mortgage debtor;
(3) amount of creditor's rights, interest rate and time period of
compensation guaranteed for the civil aircraft mortgaged;
(4) registration date of the mortgage rights of the civil aircraft; and
(5) other particulars prescribed by the competent department of civil
aviation under the State Council.
Article 13 The competent department of civil aviation under the State
Council shall, in issuing a civil aircraft priority rights registration
certificate to a civil aircraft priority rights creditor, record the following
particulars in the civilian aircraft rights registration
book:
(1) nationality, nationality mark and registration mark of the civil
aircraft on which creditor's rights occur;
(2) name or title, address and name of his/her legal representative of the
creditor of priority rights of the civil aircraft;
(3) name or title, address and name of his/her legal representative of the
owner, operator, lessee of the civil aircraft on which creditor's rights
occur;
(4) amount of creditor's rights advocated by the creditor of priority
rights of the civil aircraft and time and causes of the occurrence of
the creditor's rights;
(5) registration date of priority rights of the civil aircraft; and
(6) other particulars prescribed by the competent department of civil
aviation under the State Council.
Article 14 For the same civil aircraft more than two items of
mortgage rights have been designated, the competent department of civil
aviation under the State Council shall carry out the registration pursuant
to the order of precedence of the application date of mortgage rights
registration.
Article 15 A civil aircraft obligee shall, in the event of changes
in particulars in civil aircraft rights registration, go through
formalities of changes in registration at the competent department of
civil aviation under the State Council on the strength of the relevant
civil aircraft rights registration certificate and documents proving
the changes.
In the event of changes in mortgage contract of a civil aircraft,
the mortgage creditor and mortgage debtor shall jointly go through formalities
of changes in registration at the competent department of civil aviation
under the State Council.
Article 16 The competent department of civil aviation under the State
Council shall, within seven working days from the date of receipt of an
application for changes in registration of civil aircraft rights, examine
the particulars of changes in registration applied for. For the application
found to conform to the provisions of these Regulations upon examination,
annotations shall be made in the relevant rights registration certificate and
the civil aircraft rights registration book; for the application found not in
conformity with the provisions of these Regulations, the obligee of the civil
aircraft shall be notified in writing.
Article 17 In the event of any of the following circumstances, the
obligee of a civil aircraft shall go through formalities of nullification
of registration at the competent department of civil aviation under the
State Council on the strength of the relevant civil aircraft rights
registration certificate and documents of proof:
(1) transfer of ownership of the civil aircraft;
(2) destruction or missing of the civil aircraft;
(3) termination of lease relationship of the civil aircraft or termination
of possession by the possessor of the civil aircraft;
(4) elimination of creditor's rights guaranteed under mortgage rights of
the civil aircraft;
(5) elimination of priority rights of the civil aircraft; or
(6) other circumstances provided for by the competent department of civil
aviation under the State Council.
Article 18 The competent department of civil aviation under the State
Council shall, within seven working days from the date of receipt of an
application for the nullification of registration, examine the particulars
of nullification of registration applied for. For the application found to
conform to the provisions of these Regulations upon examination, the relevant
civil aircraft rights registration certificate shall be withdrawn and the
rights registration in the civil aircraft rights registration book nullified
correspondingly, and a civil aircraft rights registration nullification
certificate issued to the obligee of the civil aircraft in the light of
specific circumstances; for the application found not in conforming with the
provisions of these Regulations, the obligee of the civil aircraft shall be
notified in writing.
Article 19 An applicant going through formalities of civil aircraft
rights registration shall pay a registration fee. The rate of registration
fee shall be fixed by the competent department of civil aviation under the
State Council in conjunction with the competent department of price control
under the State Council.
Article 20 These Regulations shall enter into force as of the date of
promulgation.
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