GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The Depositary shall: (a) inform all Contracting States of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Convention; (iii) each declaration made in accordance with this Convention, together with the date thereof; (iv) the withdrawal or amendment of any declaration, together with the date thereof; and (v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect; (b) transmit certified true copies of this Convention to all Contracting States; (c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and (d) perform such other functions customary for depositaries.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) inform all Contracting States of: (i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof; (ii) the date of entry into force of this Convention; (iii) each declaration made in accordance with this Convention, together with the date thereof; (iv) the withdrawal or amendment of any declaration, together with the date thereof; and (v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) each new signature or deposit of an instrument of ratification, acceptance, approval or accession, together with the date thereof;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ii)
(ii) the date of entry into force of this Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (iii)
(iii) each declaration made in accordance with this Convention, together with the date thereof;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (iv)
(iv) the withdrawal or amendment of any declaration, together with the date thereof; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (v)
(v) the notification of any denunciation of this Convention together with the date thereof and the date on which it takes effect;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) transmit certified true copies of this Convention to all Contracting States;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or accession, together with the date of deposit thereof, of each declaration or withdrawal or amendment of a declaration and of each notification of denunciation, together with the date of notification thereof, so that the information contained therein is easily and fully available; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) perform such other functions customary for depositaries.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
IN WITNESS WHEREOF the undersigned Plenipotentiaries, having been duly authorised, have signed this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
DONE at Cape Town, this sixteenth day of November, two thousand and one, in a single original in the English, Arabic, Chinese, French, Russian and Spanish languages, all texts being equally authentic, such authenticity to take effect upon verification by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days hereof as to the conformity of the texts with one another.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
CONSIDERING it necessary to implement the Convention on International Interests in Mobile Equipment (hereinafter referred to as “the Convention”) as it relates to aircraft equipment, in the light of the purposes set out in the preamble to the Convention,
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
MINDFUL of the need to adapt the Convention to meet the particular requirements of aircraft finance and to extend the sphere of application of the Convention to include contracts of sale of aircraft equipment,
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
MINDFUL of the principles and objectives of the Convention on International Civil Aviation , signed at Chicago on 7 December 1944,
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
HAVE AGREED upon the following provisions relating to aircraft equipment:
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In this Protocol, except where the context otherwise requires, terms used in it have the meanings set out in the Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
 debtor is incorporated or formed, unless proved otherwise; (o) registry authority means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordance with the Chicago Convention; and (p) State of registry means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) aircraft means aircraft as defined for the purposes of the Chicago Convention which are either airframes with aircraft engines installed thereon or helicopters;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) aircraft engines means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and: (i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and (ii) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ii)
(ii) in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent,
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) aircraft objects means airframes, aircraft engines and helicopters;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) aircraft register means a register maintained by a State or a common mark registering authority for the purposes of the Chicago Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (e)
(e) airframes means airframes (other than those used in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport: (i) at least eight (8) persons including crew; or (ii) goods in excess of 2750 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) at least eight (8) persons including crew; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (f)
(f) authorised party means the party referred to in Article XIII(3);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (g)
(g) Chicago Convention means the Convention on International Civil Aviation , signed at Chicago on 7 December 1944, as amended, and its Annexes;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (h)
(h) common mark registering authority means the authority maintaining a register in accordance with Article 77 of the Chicago Convention as implemented by the Resolution adopted on 14 December 1967 by the Council of the International Civil Aviation Organization on nationality and registration of aircraft operated by international operating agencies;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) de-registration of the aircraft means deletion or removal of the registration of the aircraft from its aircraft register in accordance with the Chicago Convention;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (j)
(j) guarantee contract means a contract entered into by a person as guarantor;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (k)
(k) guarantor means a person who, for the purpose of assuring performance of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issues a suretyship or demand guarantee or a standby letter of credit or any other form of credit insurance;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (l)
(l) helicopters means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) at least five (5) persons including crew; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (m)
(m) insolvency-related event means: (i) the commencement of the insolvency proceedings; or (ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) the commencement of the insolvency proceedings; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (ii)
(ii) the declared intention to suspend or actual suspension of payments by the debtor where the creditor’s right to institute insolvency proceedings against the debtor or to exercise remedies under the Convention is prevented or suspended by law or State action;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (n)
(n) primary insolvency jurisdiction means the Contracting State in which the centre of the debtor’s main interests is situated, which for this purpose shall be deemed to be the place of the debtor’s statutory seat or, if there is none, the place where the debtor is incorporated or formed, unless proved otherwise;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (o)
(o) registry authority means the national authority or the common mark registering authority, maintaining an aircraft register in a Contracting State and responsible for the registration and de-registration of an aircraft in accordance with the Chicago Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (p)
(p) State of registry means, in respect of an aircraft, the State on the national register of which an aircraft is entered or the State of location of the common mark registering authority maintaining the aircraft register.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The Convention shall apply in relation to aircraft objects as provided by the terms of this Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The Convention and this Protocol shall be known as the Convention on International Interests in Mobile Equipment as applied to aircraft objects.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The following provisions of the Convention apply as if references to an agreement creating or providing for an international interest were references to a contract of sale and as if references to an international interest, a prospective international interest, the debtor and the creditor were references to a sale, a prospective sale, the seller and the buyer respectively: Articles 3 and 4; Article 16(1)(a); Article 19(4); Article 20(1) (as regards registration of a contract of sale or a prospective sale); Article 25(2) (as regards a prospective sale); and Article 30.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Article 20(1) (as regards registration of a contract of sale or a prospective sale);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Article 25(2) (as regards a prospective sale); and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
In addition, the general provisions of Article 1, Article 5, Chapters IV to VII, Article 29 (other than Article 29(3) which is replaced by Article XIV(1) and (2)), Chapter X, Chapter XII (other than Article 43), Chapter XIII and Chapter XIV (other than Article 60) shall apply to contracts of sale and prospective sales.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Without prejudice to Article 3(1) of the Convention, the Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purposes of the definition of internal transaction in Article 1 of the Convention: (a) an airframe is located in the State of registry of the aircraft of which it is a part; (b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and (c) a helicopter is located in its State of registry, at the time of the conclusion of the agreement creating or providing for the interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) an airframe is located in the State of registry of the aircraft of which it is a part;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) a helicopter is located in its State of registry,
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
at the time of the conclusion of the agreement creating or providing for the interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2)-(4).
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 For the purposes of this Protocol, a contract of sale is one which: (a) is in writing; (b) relates to an aircraft object of which the seller has power to dispose; and (c) enables the aircraft object to be identified in conformity with this Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) relates to an aircraft object of which the seller has power to dispose; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) enables the aircraft object to be identified in conformity with this Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A contract of sale transfers the interest of the seller in the aircraft object to the buyer according to its terms.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 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.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
A person may enter into an agreement or a sale, and register an international interest in, or a sale of, an aircraft object, in an agency, trust or other representative capacity. In such case, that person is entitled to assert rights and interests under the Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
A description of an aircraft object that contains its manufacturer’s serial number, the name of the manufacturer and its model designation is necessary and sufficient to identify the object for the purposes of Article 7(c) of the Convention and Article V(1)(c) of this Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 This Article applies only where a Contracting State has made a declaration pursuant to Article XXX(1).
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The parties to an agreement, or a contract of sale, or a related guarantee contract or subordination agreement may agree on the law which is to govern their contractual rights and obligations, wholly or in part.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Unless otherwise agreed, the reference in the preceding paragraph to the law chosen by the parties is to the domestic rules of law of the designated State or, where that State comprises several territorial units, to the domestic law of the designated territorial unit.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In addition to the remedies specified in Chapter III of the Convention, the creditor may, to the extent that the debtor has at any time so agreed and in the circumstances specified in that Chapter: (a) procure the de-registration of the aircraft; and (b) procure the export and physical transfer of the aircraft object from the territory in which it is situated.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) procure the de-registration of the aircraft; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) procure the export and physical transfer of the aircraft object from the territory in which it is situated.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The creditor shall not exercise the remedies specified in the preceding paragraph without the prior consent in writing of the holder of any registered interest ranking in priority to that of the creditor.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Article 8(3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relation to an aircraft object shall be exercised in a commercially reasonable manner. A remedy shall be deemed to be exercised in a commercially reasonable manner where it is exercised in conformity with a provision of the agreement except where such a provision is manifestly unreasonable.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 A chargee giving ten or more working days’ prior written notice of a proposed sale or lease to interested persons shall be deemed to satisfy the requirement of providing “reasonable prior notice” specified in Article 8(4) of the Convention. The foregoing shall not prevent a chargee and a chargor or a guarantor from agreeing to a longer period of prior notice.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 The registry authority in a Contracting State shall, subject to any applicable safety laws and regulations, honour a request for de-registration and export if: (a) the request is properly submitted by the authorised party under a recorded irrevocable de-registration and export request authorisation; and (b) the authorised party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorisation has been issued have been discharged or that the holders of such interests have consented to the de-registration and export.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) the request is properly submitted by the authorised party under a recorded irrevocable de-registration and export request authorisation; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) the authorised party certifies to the registry authority, if required by that authority, that all registered interests ranking in priority to that of the creditor in whose favour the authorisation has been issued have been discharged or that the holders of such interests have consented to the de-registration and export.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 A chargee proposing to procure the de-registration and export of an aircraft under paragraph 1 otherwise than pursuant to a court order shall give reasonable prior notice in writing of the proposed de-registration and export to: (a) interested persons specified in Article 1(m)(i) and (ii) of the Convention; and (b) interested persons specified in Article 1(m)(iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de-registration and export.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) interested persons specified in Article 1(m)(i) and (ii) of the Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) interested persons specified in Article 1(m)(iii) of the Convention who have given notice of their rights to the chargee within a reasonable time prior to the de-registration and export.