GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
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.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Any person may, in the manner prescribed by this Convention and the regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Upon receipt of a request therefor, the Registrar, in the manner prescribed by the regulations, shall issue a registry search certificate by electronic means 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.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
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 as having been declared by Contracting States in conformity with Articles 52 and 53 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 this Convention and the regulations to any person requesting it.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
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 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 4
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, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 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 3
3 (a) The Supervisory Authority shall enjoy exemption from taxes and such other privileges as may be provided by agreement with the host State. (b) For the purposes of this paragraph, host State means the State in which the Supervisory Authority is situated.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) For the purposes of this paragraph, host State means the State in which the Supervisory Authority is situated.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 For the purposes of any claim against the Registrar under Article 41(1) or Article 56, the claimant shall be entitled to access to such information and documents as are necessary to enable the claimant to pursue its claim.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 The Supervisory Authority may waive the inviolability and immunity conferred by paragraph 4 of this Article.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 4
4 The Registrar shall procure insurance or a financial guarantee covering the liability referred to in this Article to the extent determined by the Supervisory Authority in accordance with the provisions of this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 5
5 The amount of the insurance or financial guarantee referred to in the preceding paragraph 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 this Convention shall preclude the Registrar from procuring insurance or a financial guarantee covering events for which the Registrar is not liable under this Article.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 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 4
4 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 5
5 A conditional buyer or lessee acquires its interest in or right over that object: (a) subject to an interest registered prior to the registration of the international interest held by its conditional seller or lessor; and (b) free from an interest not so registered at that time even if it has actual knowledge of that interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 6
6 The priority of competing interests or rights under this Article may be varied by agreement between the holders of those interests, but an assignee of a subordinated interest is not bound by an agreement to subordinate that interest unless at the time of the assignment a subordination had been registered relating to that agreement.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 7
7 Any priority given by this Article to an interest in an aircraft object extends to proceeds.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 8
8 This Convention: (a) does not affect the rights of a person in an item, other than an aircraft object, held prior to its installation on an aircraft object if under the applicable law those rights continue to exist after the installation; and (b) does not prevent the creation of rights in an item, other than an aircraft object, which has previously been installed on an aircraft object where under the applicable law those rights are created.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) does not affect the rights of a person in an item, other than an aircraft object, held prior to its installation on an aircraft object if under the applicable law those rights continue to exist after the installation; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) does not prevent the creation of rights in an item, other than an aircraft object, which has previously been installed on an aircraft object where under the applicable law those rights are created.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 9
9 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 10
10 Paragraph 8 of this Article applies to an item, other than an aircraft object, installed on an airframe, aircraft engine or helicopter.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 Nothing in this Article affects any rules of law applicable in insolvency proceedings relating to the avoidance of a transaction as a preference or a transfer in fraud of creditors or any rules of procedure relating to the enforcement of rights to property which is under the control or supervision of the insolvency administrator.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Except as otherwise agreed by the parties, an assignment of associated rights made in conformity with Article 45 also transfers to the assignee: (a) the related international interest; and (b) all the interests and priorities of the assignor under this Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 An assignment of associated rights transfers the related international interest only if it: (a) is in writing; (b) enables the associated rights to be identified under the contract from which they arise; and (c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with this Convention but without the need to state a sum or maximum sum secured.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) in the case of an assignment by way of security, enables the obligations secured by the assignment to be determined in accordance with this Convention but without the need to state a sum or maximum sum secured.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 An assignment of an international interest created or provided for by a security agreement is not valid unless some or all related associated rights are also assigned.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 To the extent that associated rights and the related international interest have been transferred in accordance with Articles 44 and 45, the debtor in relation to those rights and that interest is bound by the assignment and has a duty to make payment or give other performance to the assignee, if but only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor; (b) the notice identifies the associated rights; 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 (a)
(a) the debtor has been given notice of the assignment in writing by or with the authority of the assignor;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) the notice identifies the associated rights; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(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 (a)
In the event of default by the assignor under the assignment of associated rights and the related international interest made by way of security, Articles 12, 13 and 15 to 21 apply in the relations between the assignor and the assignee (and, in relation to associated rights, apply in so far as those provisions are capable of application to intangible property) as if references: (a) to the secured obligation and the security interest were references to the obligation secured by the assignment of the associated rights and the related international interest and the security interest created by that assignment; (b) to the chargee or creditor and chargor or debtor were references to the assignee and assignor; (c) to the holder of the international interest were references to the assignee; and (d) to the aircraft object were references to the assigned associated rights and the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) to the aircraft object were references to the assigned associated rights and the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Where there are competing assignments of associated rights and at least one of the assignments includes the related international interest and is registered, the provisions of Article 42 apply as if the references to a registered interest were references to an assignment of the associated rights and the related registered interest and as if references to a registered or unregistered interest were references to a registered or unregistered assignment.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Article 43 applies to an assignment of associated rights as if the references to an international interest were references to an assignment of the associated rights and the related international interest.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The assignee of associated rights and the related international interest whose assignment has been registered only has priority under Article 48(1) over another assignee of the associated rights: (a) if the contract under which the associated rights arise states that they are secured by or associated with the object; and (b) to the extent that the associated rights are related to an aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) to the extent that the associated rights are related to an aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 For the purpose of sub-paragraph (b) of the preceding paragraph, associated rights are related to an aircraft object only to the extent that they consist of rights to payment or performance that relate to: (a) a sum advanced and utilised for the purchase of the aircraft object; (b) a sum advanced and utilised for the purchase of another aircraft object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered; (c) the price payable for the aircraft object; (d) the rentals payable in respect of the aircraft object; or (e) other obligations arising from a transaction referred to in any of the preceding sub-paragraphs.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) a sum advanced and utilised for the purchase of the aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) a sum advanced and utilised for the purchase of another aircraft object in which the assignor held another international interest if the assignor transferred that interest to the assignee and the assignment has been registered;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (c)
(c) the price payable for the aircraft object;
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (d)
(d) the rentals payable in respect of the aircraft object; or
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
The provisions of Article 43 apply to insolvency proceedings against the assignor as if references to the debtor were references to the assignor.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 A Contracting State may at any time, in a declaration deposited with the Depositary of the Protocol declare, generally or specifically: (a) those categories of non-consensual right or interest (other than a right or interest to which Article 53 applies) which under that State’s law have priority over an interest in an aircraft object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and (b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an aircraft object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (a)
(a) those categories of non-consensual right or interest (other than a right or interest to which Article 53 applies) which under that State’s law have priority over an interest in an aircraft object equivalent to that of the holder of a registered international interest and which shall have priority over a registered international interest, whether in or outside insolvency proceedings; and
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 (b)
(b) that nothing in this Convention shall affect the right of a State or State entity, intergovernmental organisation or other private provider of public services to arrest or detain an aircraft object under the laws of that State for payment of amounts owed to such entity, organisation or provider directly relating to those services in respect of that object or another aircraft object.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
A Contracting State may at any time in a declaration deposited with the Depositary of the Protocol list the categories of non-consensual right or interest which shall be registrable under this Convention as regards any aircraft object as if the right or interest were an international interest and shall be regulated accordingly. Such a declaration may be modified from time to time.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 Subject to Articles 55 and 56, the courts of a Contracting State chosen by the parties to a transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has a connection with the parties or the transaction. Such jurisdiction shall be exclusive unless otherwise agreed between the parties.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 The courts of a Contracting State chosen by the parties in conformity with Article 54 and the courts of the Contracting State on the territory of which the aircraft object is situated or in which the aircraft is registered have jurisdiction to grant relief under Article 20(1)(a), (b), (c), and Article 20(8) in respect of that aircraft object or aircraft.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Jurisdiction to grant relief under Article 20(1)(d) and (e) or other interim relief by virtue of Article 20(8) may be exercised either: (a) by the courts chosen by the parties; or (b) by the courts of a Contracting State on the territory of which the debtor is situated, being relief which, by the terms of the order granting it, is enforceable only in the territory of that Contracting State.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 3
3 A court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in Article 20(1) will or may take place in a court of another Contracting State or by arbitration.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 Where a person fails to respond to a demand made under Article 38 and that person has ceased to exist or cannot be found for the purpose of enabling an order to be made against it requiring it to procure discharge of the registration, the courts referred to in the preceding paragraph shall have exclusive jurisdiction, on the application of the debtor or intending debtor, to make an order directed to the Registrar requiring the Registrar to discharge the registration.
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 54 or 55 of this Convention or relating to enforcement of rights and interests relating to an aircraft object under this 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
This Convention shall prevail over the United Nations Convention on the Assignment of Receivables in International Trade , opened for signature in New York on 12 December 2001, as it relates to the assignment of receivables which are associated rights related to international interests in aircraft objects.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
This 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 Convention, 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 This 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 Convention.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 A Contracting State that is a Party to the above Convention may declare, at the time of ratification, acceptance, approval of, or accession to the Protocol, that it will not apply this Article.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6
This 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
(See Article 47 of the Convention and Article XXVI of the Protocol)
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 1
1 A Regional Economic Integration Organisation which is constituted by sovereign States and has competence over certain matters governed by the Convention and the Protocol may similarly sign, accept, approve or accede to the Convention and the Protocol. The Regional Economic Integration Organisation shall in that case have the rights and obligations of a Contracting State, to the extent that that Organisation has competence over matters governed by the Convention and the Protocol. Where the number of Contracting States is relevant in the Convention and the Protocol, the Regional Economic Integration Organisation shall not count as a Contracting State in addition to its Member States which are Contracting States.
International Interests in Mobile Equipment (aircraft equipment) Act — I-19.6 2
2 The Regional Economic Integration Organisation shall, at the time of signature, acceptance, approval or accession, make a declaration to the Depositary specifying the matters governed by the Convention and the Protocol in respect of which competence has been transferred to that Organisation by its Member States. The Regional Economic Integration Organisation shall promptly notify the Depositary of any changes to the distribution of competence, including new transfers of competence, specified in the declaration under this paragraph.