Draft Convention on International Interests in Mobile Equipment 2001

CHAPTER V - MODALITIES OF REGISTRATION

Article 30

Registration requirements

1. - In accordance with this Convention, the regulations shall specify the requirements:

(a) for effecting a registration;

(b) for making searches and issuing search certificates, and, subject thereto,

(c) for ensuring the confidentiality of information and documents of the International Registry.

2. - Such requirements shall not include any evidence that a consent to registration required by Article 32(1), (2) or (3) has been given.

3. - Registration shall be effected in chronological order of receipt at the International Registry data base, and the file shall record the date and time of receipt.

Article 31

When registration takes effect

1. - A registration shall be valid only if made in conformity with Article 32 and shall take effect upon entry of the required information into the International Registry data base so as to be searchable.

2. - A registration shall be searchable for the purposes of the preceding paragraph at the time when:

(a) the International Registry has assigned to it a sequentially ordered file number; and

(b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry.

3. - If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest.

4. - The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest.

5. - A registration shall be searchable in the International Registry data base according to the manufacturer's serial number, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations.

Article 32

Who may register

1. - An international interest, a prospective international interest or an assignment or prospective assignment of an international interest may be registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other.

2. - The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.

3. - A registration may be discharged by or with the consent in writing of the party in whose favour it was made.

4. - The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee.

5. - A registrable non-consensual right or interest may be registered by the holder thereof.

6. - A notice of a national interest may be registered by the holder thereof.

Article 33

Duration of registration

1. - Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.

2. - Registration of a contract of sale remains effective indefinitely. Registration of a prospective sale remains effective unless discharged or until expiry of the period, if any, specified in the registration.

Article 34

Searches

1. - Any person may, in the manner prescribed by the regulations, make or request a search of the International Registry concerning interests registered therein.

2. - Upon receipt of a request therefor, the Registrar, in the manner prescribed by the regulations, shall issue a registry search certificate with respect to any aircraft object:

(a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or

(b) stating that there is no information in the International Registry relating thereto.

Article 35

List of declarations and declared non-consensual rights or interests

The Registrar shall maintain a list of declarations, withdrawals of declarations, and of the categories of non-consensual right or interest communicated to the Registrar by the depositary State as having been declared by Contracting States in conformity with Article 52 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the regulations to any person requesting it.

Article 36

Evidentiary value of certificates

A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof:

(a) that it has been so issued; and

(b) of the facts recited in it, including the date and time of a registration.

Article 37

Discharge of registration

1. - Where the obligations secured by a registered security interest or the obligations giving rise to a registered non-consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall procure the discharge of the registration upon written demand by the debtor delivered to or received at its address stated in the registration.

2. - Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending creditor or intending assignee shall procure the discharge of the registration upon written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value.

3. - For the purpose of the preceding paragraph and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an international interest shall take such steps as are within its power to procure the discharge of the registration no later than five calendar days after the receipt of the demand described in such paragraph.

4. - Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall procure the discharge of the registration upon written demand by the debtor delivered to or received at its address stated in the registration.

Article 38

Access to the international registration facilities

No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018