GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In addition to the remedies specified in Articles 12, 14, 16 and 20, the creditor may, to the extent that the debtor has at any time so agreed and in the circumstances specified in such provisions: (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 3
3 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 4
4 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(z)(i) and (ii) of this Convention; and (b) interested persons specified in Article 1(z)(iii) of this 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(z)(i) and (ii) of this Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) interested persons specified in Article 1(z)(iii) of this 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
Any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that they are not inconsistent with the mandatory provisions of this Chapter as set out in Article 22.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The debtor and the creditor may at any time agree in writing as to the events that constitute a default or otherwise give rise to the rights and remedies specified in Articles 12 to 15 and 20.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Where the debtor and the creditor have not so agreed, “default” for the purposes of Articles 12 to 15 and 20 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In the absence of a default within the meaning of Article 17 of this Convention, the debtor shall be entitled to the quiet possession and use of the aircraft object in accordance with the agreement as against: (a) its creditor and the holder of any interest from which the debtor takes free pursuant to Article 42(5) or, in the capacity of buyer, Article 42(3) of this Convention, unless and to the extent that the debtor has otherwise agreed; and (b) the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 42(5) or, in the capacity of buyer, Article 42(4) of this Convention, but only to the extent, if any, that such holder has agreed.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) its creditor and the holder of any interest from which the debtor takes free pursuant to Article 42(5) or, in the capacity of buyer, Article 42(3) of this Convention, unless and to the extent that the debtor has otherwise agreed; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) the holder of any interest to which the debtor’s right or interest is subject pursuant to Article 42(5) or, in the capacity of buyer, Article 42(4) of this Convention, but only to the extent, if any, that such holder has agreed.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Nothing in this Convention affects the liability of a creditor for any breach of the agreement under the applicable law in so far as that agreement relates to an aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Any remedy given by this 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 1
1 Subject to any declaration that it may make under Article 71(2), a Contracting State shall ensure that a creditor who adduces evidence of default by the debtor may, pending final determination of its claim and to the extent that the debtor has at any time so agreed, obtain from a court speedy relief in the form of such one or more of the following orders as the creditor requests: (a) preservation of the aircraft object and its value; (b) possession, control or custody of the aircraft object; (c) immobilisation of the aircraft object; (d) lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and the income therefrom; and (e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) preservation of the aircraft object and its value;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) possession, control or custody of the aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) immobilisation of the aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) lease or, except where covered by sub-paragraphs (a) to (c), management of the aircraft object and the income therefrom; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (e)
(e) if at any time the debtor and the creditor specifically agree, sale and application of proceeds therefrom.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purposes of the preceding paragraph, speedy in the context of obtaining relief means within such number of working days from the date of filing of the application for relief as is specified in a declaration made by the Contracting State in which the application is made.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Ownership or any other interest of the debtor passing on a sale under sub-paragraph (e) of paragraph 1 of this Article is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 42 of this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 In making any order under paragraph 1 of this Article, the court may impose such terms as it considers necessary to protect the interested persons in the event that the creditor: (a) in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Convention; or (b) fails to establish its claim, wholly or in part, on the final determination of that claim.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) in implementing any order granting such relief, fails to perform any of its obligations to the debtor under this Convention; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 The creditor and the debtor or any other interested person may agree in writing to exclude the application of the preceding paragraph.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 Before making any order under paragraph 1, the court may require notice of the request to be given to any of the interested persons.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 7
7 With regard to the remedies in Article 15(1): (a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article 15(1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with this Convention; and (b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) they shall be made available by the registry authority and other administrative authorities, as applicable, in a Contracting State no later than five working days after the creditor notifies such authorities that the relief specified in Article 15(1) is granted or, in the case of relief granted by a foreign court, recognised by a court of that Contracting State, and that the creditor is entitled to procure those remedies in accordance with this Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 8
8 Nothing in the preceding paragraphs affects the application of Article 19 or limits the availability of forms of interim relief other than those set out in paragraph 1.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 9
9 Paragraphs 2 and 7 shall not affect any applicable aviation safety laws and regulations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 10
10 Paragraphs 2, 3, 5, 7 and 9 of this Article apply only where a Contracting State has made a declaration under Article 71(2) and to the extent stated in such declaration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Subject to Article 70(2), any remedy provided by this Chapter shall be exercised in conformity with the procedure prescribed by the law of the place where the remedy is to be exercised.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Any two or more of the parties referred to in this Chapter may at any time, by agreement in writing, exclude the application of Article 23 and, in their relations with each other, derogate from or vary the effect of any of the preceding provisions of this Chapter, except as stated in Articles 12(3) to (6), 13(3) and (4), 15(2), 19 and 21.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 This Article applies only where a Contracting State that is the primary insolvency jurisdiction has made a declaration pursuant to Article 71(3).
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, shall, subject to paragraph 7, give possession of the aircraft object to the creditor no later than the earlier of (a) the end of the waiting period; and (b) the date on which the creditor would be entitled to possession of the aircraft object if this Article did not apply.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 8
8 With regard to the remedies in Article 15(1): (a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with this Convention; and (b) the applicable authorities shall expeditiously co-operate with and assist the creditor in the exercise of such remedies in conformity with the applicable aviation safety laws and regulations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) they shall be made available by the registry authority and the administrative authorities in a Contracting State, as applicable, no later than five working days after the date on which the creditor notifies such authorities that it is entitled to procure those remedies in accordance with this Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 9
9 No exercise of remedies permitted by this Convention may be prevented or delayed after the date specified in paragraph 2.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 12
12 No rights or interests, except for non-consensual rights or interests of a category covered by a declaration pursuant to Article 52(1), shall have priority in insolvency proceedings over registered interests.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 13
13 The provisions of this Convention shall apply to the exercise of any remedies under this Article.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Upon the occurrence of an insolvency-related event, the insolvency administrator or the debtor, as applicable, upon the request of the creditor, shall give notice to the creditor within the time specified in a declaration of a Contracting State pursuant to Article 71(3) whether it will: (a) cure all defaults other than a default constituted by the opening of insolvency proceedings and agree to perform all future obligations, under the agreement and related transaction documents; or (b) give the creditor the opportunity to take possession of the aircraft object, in accordance with the applicable law.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The courts of a Contracting State in which an aircraft object is situated shall, in accordance with the law of the Contracting State, co-operate to the maximum extent possible with foreign courts and foreign insolvency administrators in carrying out the provisions of Article 23.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Where the debtor has issued an irrevocable de-registration and export request authorisation substantially in the form annexed to this Convention and has submitted such authorisation for recordation to the registry authority, that authorisation shall be so recorded.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The person in whose favour the authorisation has been issued (the “authorised party”) or its certified designee shall be the sole person entitled to exercise the remedies specified in Article 15(1) and may do so only in accordance with the authorisation and applicable aviation safety laws and regulations. Such authorisation may not be revoked by the debtor without the consent in writing of the authorised party. The registry authority shall remove an authorisation from the registry at the request of the authorised party.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The registry authority and other administrative authorities in Contracting States shall expeditiously co-operate with and assist the authorised party in the exercise of the remedies specified in Article 15.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purposes of this Chapter and Chapter V, the term “registration” includes, where appropriate, an amendment, extension or discharge of a registration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 There shall be a Supervisory Authority which shall be the international entity designated by a Resolution adopted by the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The Supervisory Authority may establish a commission of experts, from among persons nominated by Signatory and Contracting States and having the necessary qualifications and experience, and entrust it with the task of assisting the Supervisory Authority in the discharge of its functions.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The Supervisory Authority shall: (a) establish or provide for the establishment of the International Registry; (b) appoint and dismiss the Registrar; (c) ensure that any rights required for the continued effective operation of the International Registry in the event of a change of Registrar will vest in or be assignable to the new Registrar; (d) after consultation with the Contracting States, make or approve and ensure the publication of regulations dealing with the operation of the International Registry; (e) establish administrative procedures through which complaints concerning the operation of the International Registry can be made to the Supervisory Authority; (f) supervise the Registrar and the operation of the International Registry; (g) at the request of the Registrar, provide such guidance to the Registrar as the Supervisory Authority thinks fit; (h) set and periodically review the structure of fees to be charged for the services and facilities of the International Registry; (i) do all things necessary to ensure that an efficient notice-based electronic registration system exists to implement the objectives of this Convention; and (j) report periodically to Contracting States concerning the discharge of its obligations under this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) after consultation with the Contracting States, make or approve and ensure the publication of regulations dealing with the operation of the International Registry;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (i)
(i) do all things necessary to ensure that an efficient notice-based electronic registration system exists to implement the objectives of this Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (j)
(j) report periodically to Contracting States concerning the discharge of its obligations under this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 The Supervisory Authority may enter into any agreement requisite for the performance of its functions, including any agreement referred to in Article 40(3).
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 The Supervisory Authority shall own all proprietary rights in the data bases and archives of the International Registry.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 7
7 The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of the Convention and the Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of the Convention and the Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five-yearly intervals by the Supervisory Authority.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The Registrar shall ensure the efficient operation of the International Registry and perform the functions assigned to it by this Convention and the regulations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The fees referred to in Article 27(4)(h) shall be determined so as to recover the reasonable costs of establishing, operating and regulating the International Registry and the reasonable costs of the Supervisory Authority associated with the performance of the functions, exercise of the powers, and discharge of the duties contemplated by Article 27(4) of this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Subject to paragraph 2, a Contracting State may at any time designate an entity or entities in its territory as the entry point or entry points through which there shall or may be transmitted to the International Registry information required for registration other than registration of a notice of a national interest or a right or interest under Article 53 in either case arising under the laws of another State. A Contracting State making such a designation may specify the requirements, if any, to be satisfied before such information is transmitted to the International Registry.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The centralised functions of the International Registry shall be operated and administered by the Registrar on a twenty-four hour basis. The various entry points shall be operated at least during working hours in their respective territories.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In accordance with this Convention, the regulations shall specify the requirements, including the criteria for the identification of the aircraft object: (a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 33); (b) for making searches and issuing search certificates; and, subject thereto, (c) for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 33);
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) for making searches and issuing search certificates; and, subject thereto,
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The Registrar shall not be under a duty to enquire whether a consent to registration under Article 33 has in fact been given or is valid.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 A registration shall be valid only if made in conformity with Article 33.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 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 provided that the registration was still current immediately before the international interest was constituted as provided by Article 10.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 A registration pertaining to an aircraft object shall be searchable in the International Registry data base according to the name of its manufacturer, its manufacturer’s serial number and its model designation, supplemented as necessary to ensure uniqueness. Such supplementary information shall be specified in the regulations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.