GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
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 under Article XXX(2) and to the extent stated in such declaration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purposes of Article 13(1) of the Convention, “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 Article 13(1) of the Convention applies with the following being added immediately after sub-paragraph (d): “(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
“(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
and Article 43(2) applies with the insertion after the words “Article 13(1)(d)” of the words “and (e)”.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 Ownership or any other interest of the debtor passing on a sale under the preceding paragraph is free from any other interest over which the creditor’s international interest has priority under the provisions of Article 29 of the Convention.
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 Article 13(2) of the Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 With regard to the remedies in Article IX(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 IX(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 the 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 IX(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 the Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(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 7
7 Paragraphs 2 and 6 shall not affect any applicable aviation safety laws and regulations.
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 XXX(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 (b)
(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 3
3 For the purposes of this Article, the “waiting period” shall be the period specified in a declaration of the Contracting State which is the primary insolvency jurisdiction.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 References in this Article to the “insolvency administrator” shall be to that person in its official, not in its personal, capacity.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 Unless and until the creditor is given the opportunity to take possession under paragraph 2: (a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and (b) the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) the insolvency administrator or the debtor, as applicable, shall preserve the aircraft object and maintain it and its value in accordance with the agreement; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) the creditor shall be entitled to apply for any other forms of interim relief available under the applicable law.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 Sub-paragraph (a) of the preceding paragraph shall not preclude the use of the aircraft object under arrangements designed to preserve the aircraft object and maintain it and its value.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 7
7 The insolvency administrator or the debtor, as applicable, may retain possession of the aircraft object where, by the time specified in paragraph 2, it has cured all defaults other than a default constituted by the opening of insolvency proceedings and has agreed to perform all future obligations under the agreement. A second waiting period shall not apply in respect of a default in the performance of such future obligations.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 8
8 With regard to the remedies in Article IX(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 the 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 the Convention; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 9
9 No exercise of remedies permitted by the Convention or this Protocol may be prevented or delayed after the date specified in paragraph 2.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 10
10 No obligations of the debtor under the agreement may be modified without the consent of the creditor.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 11
11 Nothing in the preceding paragraph shall be construed to affect the authority, if any, of the insolvency administrator under the applicable law to terminate the agreement.
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 39(1), shall have priority in insolvency proceedings over registered interests.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 13
13 The Convention as modified by Article IX of this Protocol 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 XXX(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 (a)
(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
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(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 3
3 The applicable law referred to in sub-paragraph (b) of the preceding paragraph may permit the court to require the taking of any additional step or the provision of any additional guarantee.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The creditor shall provide evidence of its claims and proof that its international interest has been registered.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 If the insolvency administrator or the debtor, as applicable, does not give notice in conformity with paragraph 2, or when the insolvency administrator or the debtor has declared that it will give the creditor the opportunity to take possession of the aircraft object but fails to do so, the court may permit the creditor to take possession of the aircraft object upon such terms as the court may order and may require the taking of any additional step or the provision of any additional guarantee.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 The aircraft object shall not be sold pending a decision by a court regarding the claim and the international interest.
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 XI.
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 Protocol 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 IX(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 IX.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 A buyer of an aircraft object under a registered sale acquires its interest in that object free from an interest subsequently registered and from an unregistered interest, even if the buyer has actual knowledge of the unregistered interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A buyer of an aircraft object acquires its interest in that object subject to an interest registered at the time of its acquisition.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Ownership of or another right or interest in an aircraft engine shall not be affected by its installation on or removal from an aircraft.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 Article 29(7) of the Convention applies to an item, other than an object, installed on an airframe, aircraft engine or helicopter.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
Article 33(1) of the Convention applies as if the following were added immediately after sub-paragraph (b): “and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.”
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
“and (c) the debtor has consented in writing, whether or not the consent is given in advance of the assignment or identifies the assignee.”
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 In the absence of a default within the meaning of Article 11 of the Convention, the debtor shall be entitled to the quiet possession and use of the 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 29(4) of the Convention or, in the capacity of buyer, Article XIV(1) of this Protocol, 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 29(4) of the Convention or, in the capacity of buyer, Article XIV(2) of this Protocol, 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 29(4) of the Convention or, in the capacity of buyer, Article XIV(1) of this Protocol, 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 29(4) of the Convention or, in the capacity of buyer, Article XIV(2) of this Protocol, 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 the Convention or this Protocol 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 1
1 The Supervisory Authority 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 2
2 Where the international entity referred to in the preceding paragraph is not able and willing to act as Supervisory Authority, a Conference of Signatory and Contracting States shall be convened to designate another Supervisory Authority.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The Supervisory Authority and its officers and employees shall enjoy such immunity from legal and administrative process as is provided under the rules applicable to them as an international entity or otherwise.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 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 5
5 The first Registrar shall operate the International Registry for a period of five years from the date of entry into force of this 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
The first regulations shall be made by the Supervisory Authority so as to take effect upon the entry into force of this Protocol.
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 40 in either case arising under the laws of another State.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A designation made under the preceding paragraph may permit, but not compel, use of a designated entry point or entry points for information required for registrations in respect of aircraft engines.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 For the purposes of Article 19(6) of the Convention, the search criteria for an aircraft object shall be 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 2
2 For the purposes of Article 25(2) of the Convention and in the circumstances there described, the holder of a registered prospective international interest or a registered prospective assignment of an international interest or the person in whose favour a prospective sale has been registered shall take such steps as are within its power to procure the discharge of the registration no later than five working days after the receipt of the demand described in such paragraph.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 The fees referred to in Article 17(2)(h) of the Convention 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 17(2) of the Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 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 5
5 The amount of the insurance or financial guarantee referred to in Article 28(4) of the Convention shall, in respect of each event, not be less than the maximum value of an aircraft object as determined by the Supervisory Authority.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 Nothing in the Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under Article 28 of the Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
For the purposes of Article 43 of the Convention and subject to Article 42 of the Convention, a court of a Contracting State also has jurisdiction where the object is a helicopter, or an airframe pertaining to an aircraft, for which that State is the State of registry.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Subject to paragraph 2, a waiver of sovereign immunity from jurisdiction of the courts specified in Article 42 or Article 43 of the Convention or relating to enforcement of rights and interests relating to an aircraft object under the Convention shall be binding and, if the other conditions to such jurisdiction or enforcement have been satisfied, shall be effective to confer jurisdiction and permit enforcement, as the case may be.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The Convention shall, for a Contracting State that is a party to the Convention on the International Recognition of Rights in Aircraft , signed at Geneva on 19 June 1948, supersede that Convention as it relates to aircraft, as defined in this Protocol, and to aircraft objects. However, with respect to rights or interests not covered or affected by the present Convention, the Geneva Convention shall not be superseded.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The Convention shall, for a Contracting State that is a Party to the Convention for the Unification of Certain Rules Relating to the Precautionary Attachment of Aircraft , signed at Rome on 29 May 1933, supersede that Convention as it relates to aircraft, as defined in this Protocol.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A Contracting State Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to this Protocol, that it will not apply this Article.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The Convention shall supersede the UNIDROIT Convention on International Financial Leasing , signed at Ottawa on 28 May 1988, as it relates to aircraft objects.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to Adopt a Mobile Equipment Convention and an Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, this Protocol shall be open to all States for signature at the Headquarters of the International Institute for the Unification of Private Law (UNIDROIT) in Rome until it enters into force in accordance with Article XXVIII.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 This Protocol shall be subject to ratification, acceptance or approval by States which have signed it.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Any State which does not sign this Protocol may accede to it at any time.