The importance of International Mobile Equipment (Aircraft) 1 laws of MALAYSIA Act REPRINTING 659 International Interest ACT Of Mobile Equipment (aircraft) 2006 As at 1 November 2012, PUBLISHED by the COMMISSIONER of law revision, UNDER the AUTHORITY of law REVISION ACT 1968 2012 2 laws of Malaysia Act Royal Assent Date 659...... August 30, 2006 date published in the Gazette and. .. August 31, 2006 the International Interests of Mobile Equipment (Aircraft) 3 laws of MALAYSIA Act 659 International Interest ACT Of Mobile Equipment (aircraft) order 2006 ARRANGEMENT of SECTIONS section 1. Short title and commencement 2. The adoption of the International Convention on the importance of Mobile Equipment and the Protocol to the Convention on the International Importance of Mobile Equipment on matters specific Equipment Aircraft 3. Interpretation 4. The Court concerned. The power to make regulations 6. Disapplication of other Act 7. The laws that apply in the first schedule Second Schedule 4 laws of Malaysia Act 659 International Interest of Mobile Equipment (Aircraft) 5 laws of MALAYSIA Act 659 International Interest ACT Of Mobile Equipment (aircraft) order 2006 an act to implement the Convention on the International Importance of Mobile Equipment, and the Protocol to the Convention on the International Importance of Mobile Equipment on matters specific Equipment Aircraft , and to provide for matters connected therewith.
[October 19, 2006; P.u. (B) 281/2006] WHEREAS the International Convention on the importance of Mobile Equipment was opened for signature in Cape Town on 16 November 2001;
And WHEREAS IT APPEARS to the protocols to the Convention on the International Importance of Mobile Equipment on matters specific equipment of Aircraft opened for signature in Cape Town on 16 November 2001;
And that Malaysia was depositing the instrument of kesertaannya on 2 November 2005 and therefore pursuant to article 49 of the Convention and Article XXVIII of the Protocol, the Convention and Protocol come into force in so far as concerned with Malaysia on 1 March 2006: so, therefore, enacted by the Parliament of Malaysia as follows: short title and commencement 1. (1) this Act may be cited as the Interest Act on International Mobile Equipment (Aircraft) order 2006.
6 laws of Malaysia Act 659 (2) of this Act come into force on such date as the Minister may, by notification in the Gazette.
the adoption of the International Convention on the importance of Mobile Equipment and the Protocol to the Convention on the International Importance of Mobile Equipment on matters specific Equipment aircraft 2. (1) subject to subsection (2), the International Convention on the importance of Moving Equipment as specified in the first schedule and the Protocol to the Convention on the International Importance of Mobile Equipment on matters specific Aircraft Equipment as specified in the Second Schedule shall have effect law in Malaysia and for that purpose be construed in accordance with the provisions of this Act.
(2) Notwithstanding article 2 of the International Convention on the importance of Mobile Equipment, this Act shall apply in respect of aircraft objects only.
Interpretation 3. In this Act, unless the context otherwise requires — "this Act" includes any subsidiary legislation made under this Act;
"Cape Town Convention" means the Convention on the International Importance of Mobile Equipment;
"Minister" means the Minister charged with the responsibility for civil aviation;
"aircraft objects" means any frame of aircraft, aircraft engines and helicopters as defined under article I (2) the Aircraft Protocol;
"Aircraft Protocol" means the Protocol to the Convention on the International Importance of Mobile Equipment on matters specific equipment of the aircraft.
The importance of International Mobile Equipment (Aircraft) 7 the court related 4. According to Article 53 of the Convention Cape Town, all court having competent jurisdiction shall be the court related for the purposes of article 1 and chapter XII of the Convention.
The power to make regulations 5. The Minister may make such regulations as expedient or necessary for carrying out the provisions of this Act with better, generally provide for the regulation and implementation of the Cape Town Convention and Aircraft Protocol and any amendments to the Convention and the Protocol.
Disapplication of other Act 6. (1) subsection 108 (3) of the companies Act 1965 [Act 125] shall not apply to charge on any object aircraft belong to the purview of the Cape Town Convention and the Aircraft Protocol.
(2) subsection 4 (3) of the civil law Act 1956 [Act 67] shall not apply to any assignment, which belong to the purview of the Cape Town Convention and the Aircraft Protocol.
The law applicable 7. (1) subject to section 6, the provisions of this Act shall be in addition to, and does not cut, the provisions of any other written law relating to financing and leasing aircraft objects, establishment of international importance on object and aircraft registration.
8 laws of Malaysia Act 659 (2) Notwithstanding subsection (1), to the extent of any conflict or inconsistency between the provisions of this Act with the provisions of any other written law relating to matters that are subject to the Cape Town Convention and the Aircraft Protocol, the provisions of this Act shall apply and conflicting provisions or permissible in any other written law shall be , to the extent of that conflict or inconsistency, be deemed to be replaced.
The first schedule [Subsection 2(1)] INTERNATIONAL CONVENTION on the IMPORTANCE of MOVING the EQUIPMENT to COUNTRIES of THIS CONVENTION, recognising the need to acquire and use mobile equipment of high value or particular economic importance and to facilitate the financing of the acquisition and use of the equipment in efficient, RECOGNIZE the advantages of asset-based financing and leasing for this purpose and intends to facilitate this transaction type by having clear rules to administer financing and lease the asset-based , knowing the need to ensure that the interests of the equipment are recognised and protected around the world, INTENDS to provide economic benefits and of all interested parties, believe that such rules must reflect the principle that the policy to financing and lease the asset-based and promote the autonomy of the parties to be in this transaction, UNDERSTAND the need to provide a legal framework for international interests regarding the equipment and for that purpose to establish an international registration system for their protection, TAKING into ACCOUNT the objectives and principles set out in the existing Conventions relating to the equipment, the importance of International Mobile Equipment (Aircraft) 9 HAS AGREED with the provisions of the following: chapter I field of application and general provisions article 1 – Definitions In this Convention, unless the context otherwise requires, the following terms used in conjunction with the meaning described below : (a) "agreement" means an agreement collateral agreements reservation of ownership or lease agreement;
(b) "assignment" means a contract which, whether by mortgage or otherwise, give the assignee associated rights with or without a transfer of the related international interest;
(c) "associated rights" means all rights to payment or other implementation by a debtor under an agreement which are secured by or associated with the object;
(d) "commencement of proceedings an inability to pay" means the time that such incapacity proceedings be deemed to commence under legal incapacity pay applicable;
(e) "conditional buyer" means a buyer under a title reservation agreement;
(f) "conditional seller" means a seller under a title reservation agreement;
(g) "sales contract" means a contract for the sale of an object by a seller to a buyer who is not an agreement as defined in (a) above;
(h) "Court" means a Court of law or an administrative or arbitration tribunal established by a State Pejanji;
(i) "creditor" means a chargee under a security agreement, a conditional seller under a title reservation agreement or a lessor under a leasing agreement;
(j) "debtor" means a chargor under a security agreement, a conditional buyer under a title reservation agreement, a lessee under a leasing agreement or a person whose interest about an object charged by the right or interest is not consensus can express;
(k) "the administrator of an inability to pay" means a person authorized to administer the reorganization or pelikuidasian, including one authorised in the interim, and includes a debtor in possession if permitted by the law applicable to the inability to pay;
10 laws of Malaysia Act 659 (l) "inability to pay proceedings" means bankruptcy, pelikuidasian or judicial proceeding or other collective administration, including an interim proceeding, in which the assets and Affairs of the debtor are subject to control or supervision by a court for the purpose of reorganisation or pelikuidasian;
(m) "interested persons" means: (i) the debtor;
(ii) any person who, for the purpose of ensuring the implementation of any obligations in favour of the creditor, gives or issue a warranty or guarantee or letter of credit requesting stand by or any other form of credit insurance;
(iii) any other person who has the right of or above the object;
(n) "internal transaction" means a transaction of a type listed in article 2 (2) (a) to (c) place the center of the main interests of all parties to the transaction is located, and the associated objects are (as specified in the Protocol), in the country the same Pejanji at the time the contract is made and points of interest created by the transaction has been registered in the national registry in the country of the Pejanji who have made a periystiharan under article 50 (1);
(o) "international interest" means an interest held by a creditor to which article 2 applies;
(p) "International Registry" means the international registration facilities established for the purposes of this Convention or the Protocol;
(q) "leasing agreement" means an agreement through it one person (the lessor) gives the right of ownership or control of an object (with or without an option to purchase) to another person (the lessee) in return for a rental or other payment;
(r) "national interest" means an interest held by a creditor on an object and created through internal transaction covered by declaration under article 50 (1);
(s) "non-consensus right or interest" means a right or interest conferred under the law of the country Pejanji who has made a declaration under article 39 to secure the implementation of obligations, including an obligation to a State, organization or entity between the Government or private;
(t) "notice of national interest" means notice registered or to be registered in the International Registry that a national interest has been created;
The importance of International Mobile Equipment (Aircraft) 11 (u) "object" means an object of the category to which article 2 applies;
(v) "the right or interest arising in advance" means a right or interest of any kind on or over an object created or arising before the effective date of this Convention as defined by Article 60 (2) (a);
(w) "proceeds" means money or non-money proceeds of an object arising from the total or partial loss or physical destruction of the object or confiscation, requisition or pengkondeman whole or separanya;
(x) "prospective assignment" means an assignment intended to made in the future, upon the happening of a specified event, whether or not the occurrence of the event was sure;
(y) "prospective international interest" means an interest that is intended to be created or provided on an object as an international interest in the future, upon the happening of a specified event (which may include the acquisition of an interest of the object by the debtor), whether or not the occurrence of the event was sure;
(z) "prospective sale" means a sale to be made in the future, upon the happening of a specified event, whether or not the occurrence of the event was sure;
(aa) "Protocol" means, in respect of any category of object and associated rights to which this Convention applies, the Protocol with respect to the category of the object and associated rights;
(bb) "registered" means registered in the International Registry pursuant to chapter V;
(cc) "registered interest" means an international interest, a right or interest registrable non-consensual blackmail or national interest specified in the notice of a national interest registered pursuant to chapter V;
(dd) "right or interest registrable non-consensual blackmail" means a right or interest is not registrable pursuant to the consensus declaration deposited under article 40;
(ee) "Registrar" means, in respect of the Protocol, the person or body prescribed by the Protocol or appointed under article 17 (2) (b);
(ff) "regulations" means regulations made or approved by the Supervisory Authorities in accordance with the Protocol;
(gg) "sale" means a transfer of ownership of an object according to a contract of sale;
12 laws of Malaysia Act 659 (hh) "secured obligation" means an obligation that is secured by collateral interests;
(ii) "collateral agreement" means an agreement that through it the pawnor gives or agrees to give to the chargee an interest (including ownership interests) on or over an object to ensure that the implementation of any obligations of the existing or in the future for chargor or a third person;
(jj) "security interest" means an interest created by the mortgage agreement;
(kk) "Supervisory Authorities" means, in respect of the Protocol of supervisory authority referred to in article 17 (1);
(ll) "title reservation agreement" means an agreement for the sale of an object on terms that ownership does not move until the condition or conditions stated in the agreement are met;
(mm) "unregistered interest" means an interest consensus or non-consensus right or interest (other than interest to which Article 39 applies) which have not been registered, whether or not the interest registrable under this Convention; and (nn) "writing" means a record of information (including information communicated via teletransmisi), which is in the form of tangible or other form and can be reproduced in the form of tangible at the time then and that shows in the way a reasonable person's approval for the record.
Article 2 – the International Interest 1. This Convention provide for the creation and effects of an international interest about moving equipment category and certain associated rights.
2. For the purposes of this Convention, an international interest on mobile equipment is an interest, constituted under article 7, concerning objects that can be identified with a unique category objects listed in paragraph 3 and designated in the Protocol: (a) granted by the chargor under a security agreement;
(b) vested in a person who is the conditional seller under a title reservation agreement; or (c) vested in a person who is the lessor under a leasing agreement.
An interest that fall within subparagraph (a) are also not included in subparagraph (b) or (c).
The importance of International Mobile Equipment (Aircraft) 13 3. Categories referred to in the preceding paragraphs are: (a) the framework of aircraft, aircraft engines and helicopters;
(b) stocks penggelekan train; and (c) space assets.
4. the applicable law determines whether an interest to which paragraph 2 applies is included in subparagraph (a), (b) or (c) of that paragraph.
5. An international interest on an extended object to the result of the object.
Article 3 – field of application 1. This Convention applies when, at the time of the making of an agreement which creates or provides for an international interest, the debtor is in a State Pejanji.
2. The fact that the creditor is situated in a country not Pejanji not touch the kebolehpakaian the Convention.
Article 4 – Public debtor is 1. For the purposes of article 3 (1), the debtor is located in any country Pejanji: (a) under applicable law, the debtor is incorporated or formed;
(b) if the debtor has a registered office or statutory;
(c) if the debtor has the Centre of his administration; or (d) if the debtor has a place of business.
2. A reference in subparagraph (d) of the previous paragraph concerning the place of business of the debtor shall, if the debtor has more than one place of business means the principal place of business or, if the debtor does not have a place of business, residence usually.
Article 5 – Interpretation and applicable law
1. in the interpretation of this Convention, attention shall be given to its meaning as stated in the preamble, to its international and to the need to promote uniformity and predictability in its application.
14 laws of Malaysia Act 659 2. Questions on matters that are subject to this Convention which are not expressly settled shall be settled in accordance with the General principles upon which it was founded or, in the absence of such principles, in accordance with the law of the case.
3. Reference to the law applicable is the reference to pillars of local law applicable by virtue of the rules of private international law of the forum Country.
4. If a Country made up of a number of regional units, each of which has its own pillar lawmakers respect of the matters to be resolved, and if not there is an indication of the relevant territorial unit, the law of that country decided which regional units shall be subject kaedah-kaedahnya. If there are any such rules, the law of regional units with it the closest related cases shall apply.
Article 6 – the relationship between the Convention with Protocol 1. This Convention and the Protocol shall be read and interpreted together as a single instrument.
2. To the extent of any inconsistency between this Convention with a Protocol, the Protocol shall prevail.
Chapter II the creation of an international interest article 7 – official Requirements an interest is formed as an international interest under this Convention where the agreement creating or provide for the interest: (a) is in writing; (b) in relation to a chargor objects, conditional seller or lessor has power to dispose;
(c) enables the object identified in accordance with the Protocol; and (d) in the case of collateral agreement, allowing the obligation secured is determined, but without the need to state the amount or maximum amount pledged.
Chapter III default Remedies article 8 – remedies of chargee 1. In the event of default as provided in article 11, the chargee may, to the extent of the chargor has at any International Interest on Mobile Equipment (Aircraft) 15 time agreed and subject to any declaration that may be made by any National Pejanji under article 54, perform any one or more of the following remedies: (a) take possession or control of any object which digadaikan him;
(b) sell or give a lease of any such object;
(c) collect or receive any income or profits arising from the management or use of any such object.
2. the chargee may alternatively apply for a court order that allow or cause any act referred to in the previous paragraph.
3. Any remedy set out in subparagraph (a), (b) or (c) of paragraph 1 or by Article 13 shall be executed in such manner as commercially reasonable. A remedy shall be deemed to have been implemented in the manner reasonably commercially if it has been implemented in accordance with the provisions of the security agreement except where such provision is clearly unreasonable.
4. a chargee proposing to sell or grant the lease of an object under paragraph 1 shall give reasonable prior notice in writing of the proposed sale or lease to: (a) interested persons specified in article 1 (m) (i) and (ii); and (b) interested persons specified in article 1 (m) (iii) which have given notice of their rights to the chargee within a reasonable time prior to the sale or lease it.
5. Any money collected or received by the chargee as a result of the implementation of any of the remedies set out in paragraph 1 or 2 shall be applied towards explaining the amount of the obligation secured.
6. If money collected or received by the chargee as a result of the implementation of any of the remedies set out in paragraph 1 or 2 exceed the amount secured through mortgage interest and any reasonable cost incurred in exercising any remedy, then unless otherwise ordered by the Court the chargee shall distribute the surplus among holders of subsequently ranking interests which have been registered or of which the chargee has been given notice of , according to the order of priority, and pay any remaining balance to the chargor.
16 laws of Malaysia Act 659 article 9 – vesting date object as the solution; redemption of 1. At any time after default as provided in article 11, the chargee and all the interested persons agree that ownership of (or any other interest of the chargor of) any object covered by the security interest shall vest in the chargee as or towards settlement of the obligation secured.
2. The Court may on the application of chargee order that ownership of (or any other interest of the chargor of) any object covered by the security interest shall vest in the chargee as or towards settlement of the obligation secured.
3. The Court shall allow an application under the preceding paragraph only if the amount of the secured obligations to be settled by the vesting provisions equivalent to the value of the object after taking into account any payment to be made by the chargee to any interested persons.
4. At any time after default as provided in article 11 and before sale of the pledged object or the making of an order under paragraph 2, the chargor or any interested person may explain the security interest by paying in full the amount secured, subject to any lease granted by the chargee under article 8 (1) (b) or ordered under article 8 (2). If, after such default, payment of the amount secured is made in full by an interested person other than the debtor, the person disubrogasi to the rights of the chargee.
5. Ownership or any other interest of the chargor for moving on disposal under article 8 (1) (b) or for moving under paragraph 1 or 2 of this article is free from any other interest on mortgage interest chargee has priority under the provisions of Article 29.
Article 10 – conditional vendor or Remedies the lessor in the event of default under a title reservation agreement or under a leasing agreement as provided in article 11, the conditional seller or the lessor, as the case may be, may: (a) subject to any declaration that may be made by Pejanji under article 54, terminate the agreement and take possession or control of any object to which the agreement relates; or (b) apply for a court order that allow or cause any one of this action.
The importance of International Mobile Equipment (Aircraft) 17 article 11 – Meaning of default 1. Receivables and Payables may at any time agree in writing as to the events be default or otherwise give rise to the rights and remedies set out in article 8 to 10 and 13.
2. If the receivables and Payables not agree so, "default" for the purposes of article 8 to 10 and 13 means a default which substantially deprives the creditor of what it is entitled to expect under the agreement.
Article 12 – additional Remedies any additional remedies permitted by the applicable law, including any remedies agreed upon by the parties, may be exercised to the extent that remedy in accordance with the mandatory provisions of this chapter as set out in article 15.
Article 13 – Relief pending final determination 1. Subject to any declaration that may be made by it under article 55, a National Pejanji shall ensure that a creditor who produce evidence of default by the debtor may, pending the final determination of its claim and to the extent that the debtor has at any time so agreed, obtain immediate relief from the Court in such form for one or more of the following order as may be requested by the creditor : (a) preservation of the object and its value;
(b) possession, control or custody of the object;
(c) pelumpuhan of the object; and (d) lease or, except where covered by subparagraphs (a) to (c), management of the object and the income therefrom.
2. In making any order under the preceding paragraph, the Court may impose such terms as it may deem necessary to protect the interested persons in the event that the creditor: (a) in the discharge of any order which gives such relief, fails to perform any of its obligations to the debtor under this Convention or the Protocol; or (b) failed to prove his claim, wholly or partly, on the final determination of the claim.
3. Before making any order under paragraph 1, the Court may require notice of the request is given to any person interested.
18 laws of Malaysia Act 659
4. There is nothing in this article shall affect the application of article 8 (3) or limit the availability of forms of interim relief other than those set out in paragraph 1.
Article 14 – requirements of the procedure subject to article 54 (2), any remedy provided by this chapter shall be carried out in accordance with the procedure prescribed by law for a place that the remedies are implemented.
Article 15 – Reduction in contact with each other, any two or more parties referred to in this chapter may at any time, by agreement in writing, to reduce or vary the effect of any provision of this Chapter unless the previous article 8 (3) to (6), 9 (3) and (4), 13 (2) and 14.
Chapter IV the international registration system article 16 – International Registration Office 1. An International Registry shall be established for the registration of: (a) international interests, prospective international interests and the rights and interests of non-consensus that can be registered;
(b) assignment and assignment for the benefit of prospective international;
(c) the acquisition of international interest through subrogation of law or on a contract basis under applicable law;
(d) notice of international importance; and (e) the waiving of interest referred to in any of subparagraphs is earlier.
2. International Registration Office may be established for different categories of object and associated rights are different.
3. For the purposes of this chapter and chapter V, the term "registration" includes, where appropriate, an amendment, extension or discharge of a registration.
Article 17 – Supervisory Authority and the Registrar 1. Shall be established a Supervisory Authority as provided by the Protocol.
The importance of International Mobile Equipment (Aircraft) 19 2. Supervisory authorities shall: (a) establish or provide for the establishment of the International Registry;
(b) except as otherwise provided by the Protocol, appoint and dismiss the Registrar;
(c) ensure that any rights required for the continued effective operation of the Registry Office International if there are changes of Registrar will vest or assignable to the new Registrar;
(d) after consultation with Pejanji, make or approve and ensure the publication of regulations pursuant to the Protocol dealing with the operation of the International Registry;
(e) conducting administrative procedure in respect of complaints through it handling International Registry can be made to the Supervisory Authority;
(f) supervise the Registrar and the operation of the International Registry;
(g) upon request of the Registrar, provide such guidance to the Registrar as it deems fit by the Supervisory Authorities;
(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 a notice-based electronic registration system an efficient exists to implement the objectives of this Convention and the Protocol; and (j) report periodically to the country Pejanji with respect to the fulfilment of its obligations under this Convention and the Protocol.
3. the Supervisory Authority may make any agreement required for the performance of its functions, including any agreement referred to in article 27 (3).
4. the Supervisory Authority shall own all rights that belong to the database and archive the international registration office.
5. The Registrar shall ensure the efficient operation of the International Registry and perform the functions conferred upon it by this Convention, the Protocol and the regulations.
20 laws of Malaysia Act 659 chapter V other matters relating to registration Article 18 – Registration Requirements 1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object: (a) to enforce a registration (which shall include provision for prior electronic transmission of any consent from any person that his consent is required under Article 20);
(b) for making searches and issuing search certificates, and subject to him;
(c) to ensure the confidentiality of information and documents the International Registry other than information and documents relating to a registration.
2. The Registrar is not obliged to ask whether the consent to registration under Article 20 has been given or is valid.
3. Where an interest registered as a prospective international interest becomes an international interest, no further registration may be required provided that the registration information is sufficient for registration of an international interest.
4. The Registrar shall make arrangements for the registration of incorporated into the International Registry data base and can be searched in order of receipt, and chronology of the file shall record the date and time of receipt.
5. Protocol can provide that a Country can Pejanji established an entity or entities in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Country that made the determination of such Pejanji can specify the requirements, if any, to be filled before the information is sent to the International Registry.
Article 19 – Validity and time of registration 1. A registration is valid only if made in accordance with article 20.
2. A registration, if valid, shall be complete when the information required to be entered into the International Registry data base so as to be searchable.
The importance of International Mobile Equipment (Aircraft) 21 3. A registration can be sought for the purposes of the preceding paragraph at the time when: (a) the International Registry has been giving it a number files are sorted sequentially; and (b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry.
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 form as provided by article 7.
5. the previous paragraphs apply with the necessary modifications to the registration of an assignment for the benefit of prospective international.
6. A registration can be sought in the International Registry data base according to the criteria set by the Protocol.
Article 20 – the consent to registration 1. An international interest, prospective international interest or an assignment or prospective assignment of an international interest may be registered, and any such registration amended or extended prior to such expiry, by either party with the consent in writing of the other party.
2. the waiving of an international interest to another international interest may be registered by or with the consent in writing at any time the person has waived his interest.
3. A registration may be discharged by or with the consent in writing of the parties favour the registration was made.
4. Acquisition of an international interest by subrogation legal or contractual subrogation may be registered by the recipient.
5. A right or interest of the non-consensus can be registered by the holder thereof.
6. A notice of national interest may be registered by the holder thereof.
Article 21 – the duration of registration registration of an international interest remains effective until cancelled or until the place of the period specified in the registration.
22 laws of Malaysia Act 659 Item 22 – Search 1. Any person may, in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry through electronic means in respect of interest or the interest of prospective international registered in it.
2. After receiving a request for it, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a certificate Search registry through electronic means with respect to any object: (a) stating all registered information related to it, along with a statement indicating the date and time of registration of such information; or (b) stating that no information in the International Registry related to it.
3. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest about the object but cannot indicate whether what is registered is an international interest or a prospective international interest, even if it can be ascertained from the relevant registration information.
Article 23 – list of Declaration and the right or interest not blackmail declared
The Registrar shall maintain a list of Declaration, the withdrawal of Declaration and category right or interest not blackmail notified to Registrar by the Savings as has been declared by the Pejanji in accordance with Article 39 and 40 and the date of each such declaration or withdrawal of declaration. That list shall be recorded and searchable in the name of the country declare and shall be made available as provided in the Protocol and the regulations to any person requesting it.
Article 24 – in value certification evidence a document in such form as prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof: (a) that the certificate has been issued; and (b) the facts referred to it, including the date and time of registration.
The importance of International Mobile Equipment (Aircraft) 23 Article 25 – revocation of registration 1. If the obligations secured by a registered security interest or obligations giving rise to a right or interest not registered blackmail has been revoked, or if the conditions of transfer of title under reservation of title have been met, stakeholders must, without undue delay, obtain the cancellation of the registration after written claims by the debtor delivered to or received at the address specified in the registration.
2. If prospective international interest or a prospective assignment of an international interest has been registered, the person proposing to be the creditor or person intending to become assignee shall, without undue delay, obtain the cancellation of the registration after written claims by the person proposing to be the debtor or submitters of rights delivered to or received at his address stated in the registration before the person proposing to be the creditor or assignee has given value or a commitment to give value.
3. If the obligations secured by a national interest specified in a registered notice of national interest has been cancelled, the stakeholders shall, without undue delay, obtain cancellation of registration after a written claim from the debtor delivered to or received at the address specified in the registration.
4. If a registration should not be made or is incorrect, those who favor the registration shall, without undue delay, obtain cancellation or pemindaannya after the claim by the debtor delivered to or received at the address specified in the registration.
Article 26 – access to the international registration facilities no person shall be denied access to the registration and search facilities in the International Registry on any ground other than the failure to comply with the procedures prescribed by this chapter.
Chapter VI privileges and immunities of Supervisory Authority and the Registrar Article 27 – legal Personality; immunity 1. Supervisory authorities shall have the legal personality if not already have such personality.
2. the Supervisory Authority and its employees and officers shall enjoy such immunity from legal process or administration as specified in the Protocol.
24 laws of Malaysia Act 659 3. (a) the Supervisory Authority shall enjoy exemption from taxes and such other privileges as provided by the agreement with the Host Country.
(b) for the purposes of this paragraph, "Host Country" means the country's Supervisory Authority is located.
4. The assets, documents, data bases and archives of the International Registry shall not be inviolable and immune from seizure or legal process or other administrative.
5. For the purposes of any claim against the Registrar under article 28 (1) or Article 44, the claimant is entitled to access to such information and documents as may be necessary to enable the claimant continued his claim.
6. the Supervisory Authority may avoid ketakbolehcabulan and immunities conferred by paragraph 4.
Chapter VII Liability of the Registrar Article 28 – liability and financial guarantees 1. The Registrar shall be liable for compensation for damages due to the loss suffered by a person directly as a result of error or omission of the Registrar and his officers and employees or from a malfunction of the international registration system except where the malfunction is caused by a natural event that cannot be avoided or detained, which cannot be prevented by using best practices in current use in the field of design and operation of electronic registration , including relating support safety and system and network.
2. The Registrar shall not be liable under the preceding paragraph for factual inaccuracy of registration information received by the Registrar or by the Registrar in the form the Registrar receives the information and also is not liable for acts or circumstances for which the Registrar and his officers and employees are not responsible and arising prior to receipt of registration information in the International Registry.
3. Compensation under paragraph 1 may be reduced to the extent that the person who suffered damage caused or contributed to the damage.
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 Protocol.
The importance of International Mobile Equipment (Aircraft) 25 Chapter VIII Effects of an international interest to third parties Article 29 – Priority interests compete 1. A registered interest has priority over any other interest subsequently registered and over an unregistered interest.
2. The priority importance of the first-mentioned under the previous paragraphs apply: (a) despite the importance of that first-mentioned it was acquired or registered with actual knowledge of the interests of others; and (b) even as regards value given by stakeholders who first mentioned with the knowledge that.
3. The buyer of an object acquires its interest on the object: (a) subject to the interest registered at the time of acquisition of that interest; and (b) independent of the unregistered interest even if it has actual knowledge of such an interest.
4. the conditional Buyer or lessee acquires its interest on 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 registered at that time even if it has actual knowledge of the importance of that.
5. Priority interest or right to compete under this article may be varied by agreement between the stakeholders, but assigns the interests of subordinates is not bound by the agreement to reduce the interest unless at the time of assignment that a decrease was registered in relation to the deal.
6. Any priority given by this article to the importance of an extended object to the result.
7. This Convention: (a) does not affect the right of a person about an article, other than an object, held prior to its installation on an object where under the applicable law that right continued to exist after the installation; and 26 laws of Malaysia Act 659 (b) does not preclude the establishment of the right of an article, in addition to objects, which have been installed previously on an object where under the applicable law that right is established.
Article 30 – effects of inability to pay 1. In the proceedings against the debtor's inability to pay an international interest is effective if prior to the commencement of the proceedings an inability to pay the interest is registered in accordance with this Convention.
2. There is nothing in this article reduces the effectiveness of an international interest in the proceedings an inability to pay if the interest is effective under the applicable law.
3. There is nothing in this article affects: (a) any of the pillars of the law applicable in the proceedings an inability to pay in relation to avoidance of a transaction as a preference or a transfer in fraud of creditors; or (b) any procedure relating to the enforcement of rights to property which is under the control or supervision of the Administrator's inability to pay.
Chapter IX Rights Assignment and stake Federated international; rights of subrogation Article 31 – the effects of assignment 1. Except as otherwise agreed by the parties, an assignment of associated rights made in accordance with article 32 also migrate to the assigns of: (a) relevant international interest; and (b) all the interests and priorities of submitters ' rights under the Convention.
2. There is nothing in this Convention prevents a partial assignment of the associated rights rights submitters. In the case of a partial assignment of the submitters ' rights and assigns can agree on their respective rights in respect of the interests of the relevant international diserahhakkan under the previous paragraph but not up to affect the debtor without his consent.
The importance of International Mobile Equipment (Aircraft) 27 3. Subject to paragraph 4, the law applicable shall determine defence and the rights of set-off available to the debtor against the assignee.
4. The debtor may at any time by agreement in writing waive all or any of the defence and the rights of set-off referred to in the previous paragraph other defense arising from acts of fraud on the part of assigns.
5. In the case of an assignment of associated rights, collateral through the diserahhakkan placed on the presenting rights, in so far as that right still exists, when the obligations secured by the assignment has been cancelled.
Article 32 – the official Requirements of assignment 1. An assignment of the associated rights related to international interests transfer only if the assignment is: (a) is in writing;
(b) enables the associated rights defined under contract from whom that right arises; and (c) in the case of an assignment through collaterals, allowing the obligations secured by the assignment is determined in accordance with the Protocol but without the need to state a sum or maximum sum secured.
2. An assignment of an international interest created or provided for by the Treaty of collateral is not valid unless some or all related associated rights also diserahhakkan.
3. This Convention shall not apply to an assignment of the associated rights that are not effective to transfer the related international interest.
Article 33 – duty of the debtor to the assignee 1. As far as the rights and interests internationally have been transferred in accordance with Article 31 and 32, the debtor in relation to the rights and interests that is bound by the assignment and has a duty to make payment or make other implementation to the assignee, if and only if: (a) the debtor has been given notice of the assignment in writing by or with the authority of submitter rights; and (b) the notice identifies the associated rights.
28 laws of Malaysia Act 659 2. Regardless of any other reasons that payment or performance by the debtor release assigns from liability, payment or performance shall be in effect for this purpose if made in the previous paragraph.
3. There is nothing in this article shall affect the priority assignment compete.
Article 34 – default Remedies in respect of assignment through collateral in the event of default by the submitters ' rights under the assignment of the associated rights and the related international interest made through security, article 8, 9 and 11 to 14 shall apply in the relationship between the submitters ' rights by assignee (and, in respect of the associated rights, apply in so far as such provisions can apply to intangible property) as if sound : (a) with regard to the obligation secured and mortgage interest was a reference to the obligations secured by the assignment of the associated rights and the related international interest and importance of security created by the assignment;
(b) regarding the chargee or creditor and chargor or debtor were references assigns or submitters rights;
(c) regarding international stakeholders was a reference to assigns; and (d) of an object is a reference to the associated rights and international interests that diserahhakkan related.
Article 35 – Priority assignment compete 1. If there is an assignment of the associated rights compete and at least one of the assignment including the importance of relevant international and registered, the provisions of Article 29 apply as if the reference to registered interests was a reference to an assignment of the associated rights and the related registered interest and as if a reference to a registered or unregistered interest was a reference to a registered or unregistered assignment.
2. Article 30 applies to an assignment of associated rights as if the reference to the international interest is a reference to an assignment of the associated rights and the related international interest.
The importance of International Mobile Equipment (Aircraft) Article 29 – 36 assigns Priority with respect to associated rights 1. Assigns rights and interests of relevant international penyerahhakannya has been registered only has priority under article 35 (1) on the assignee associated rights the other party: (a) if the contract under which the associated rights arise States that that right is secured by or associated with the object; and (b) to the extent that the associated rights are related to an object.
2. For the purposes of subparagraph (b) of the previous paragraph, associated rights are related to an object only to the extent that any such right consists of a right to payment or performance related to: (a) a sum advanced and utilised for the purchase of the object;
(b) a sum advanced and utilised for the purchase of other objects of which the presenting rights holds other international interest if submitters that right transfer the interest to the assignee and the assignment has been registered;
(c) the price payable for the object;
(d) the rentals payable in respect of the object; or (e) other obligations arising from a transaction referred to in any of subparagraphs is earlier.
3. In all other matters, priority assignment of the associated rights to compete shall be determined by the law of the case.
Article 37 – the effect of the inability to pay submitters rights provisions of Article 30 apply to insolvency proceedings against the submitter rights seem to have paid reference to debtor is a reference to the presenting rights.
Article 38 – Subrogation 1. Subject to paragraph 2, nothing-nothing in the Convention touches associated rights acquisition and related international interest by subrogation of law or contract under the law of the case.
30 laws of Malaysia Act 659 2. The priority between any interest within the preceding paragraph with interests compete can be varied by agreement in writing between the holders of the respective interests but one assigns the interests of subordinates is not bound by the agreement to reduce the interest unless at the time of assignment that a decrease was registered in relation to the deal.
Chapter X rights or interests subject to declarations by Pejanji Article 39 – Rights having priority without registration 1. A Country can Pejanji at any time, in a declaration deposited with the Storage Protocol declare, generally or specifically: (a) the category of rights or interests not consensus (other than a right or interest to which Article 40 applies) which under the law of that country have priority over the interest of an object that is equivalent to the holder of a registered international interest and shall have priority over a registered international interest , either within or outside the proceedings an inability to pay; and (b) that there is nothing in this Convention shall affect the right of a Country or countries, intergovernmental organisations or private service provider to stop other private or hold an object under the laws of that country for the payment of the amount owed to the entity, organisation or provider directly relating to the service in respect of that object or another object.
2. A declaration made under the preceding paragraph may be expressed to cover categories that are created after the storage of the Declaration.
3. A public right or interest is not consensus has priority over an international interest if and only if the right or interest is not a consensus that is of a category covered by a declaration deposited prior to the registration of the international interest.
4. Notwithstanding the previous paragraphs, a Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan Protocol, declare that a right or interest of a category covered by a declaration made under subparagraph 1 (a) shall have priority over an international interest registered prior to the date of the ratification, acceptance, approval or kesertaan it.
The importance of International Mobile Equipment (Aircraft) 31 Article 40 – the right or interest registrable non-consensual blackmail
A Country can Pejanji at any time in a declaration deposited with the Storage Protocol list the categories of rights or interests not blackmail registrable under this Convention of any category of object as if the right or interest were an international interest and shall be regulated accordingly. Such declaration may be modified from time to time.
Chapter XI application of the Convention to sales Article 41 – Sale and prospective sale this Convention shall apply to the sale or prospective sale of an object as provided in the Protocol with any modifications therein.
Chapter XII jurisdiction Article 42 – choice of forum 1. Subject to article 43 and 44, the national court Pejanji selected by the parties to the transaction have jurisdiction in respect of any claim brought under this Convention, whether or not the chosen forum has to do with a party to the transaction. Jurisdiction shall be exclusive unless otherwise agreed between the parties.
2. Any such agreement shall be in writing or otherwise made in accordance with the requirements of the official law of the chosen forum.
Article 43 – jurisdiction under article 13 1. The national court Pejanji selected by the parties and the courts of the country Pejanji in the province in which the object is situated have jurisdiction to grant relief under article 13 (1) (a), (b), (c) and Article 13 (4) with respect to the object.
32 laws of Malaysia Act 659 2. Jurisdiction to grant relief under article 13 (1) (d) or other interim relief by virtue of Article 13 (4) may be exercised either: (a) by the Court chosen by the parties; or (b) by the Court of Pejanji in the province of the country in which the debtor is located, which is a relief, in accordance with the terms of an order authorizing it, enforceable only in the territory of the country of the Pejanji.
3. the Court has jurisdiction under the preceding paragraphs even if the final determination of the claim referred to in article 13(1) will or may take place in the Court of the other Pejanji Countries or through arbitration.
Article 44 – jurisdiction to make orders against the Registrar 1. The Court for the place in which the Registrar has the administration shall have the exclusive jurisdiction to award damages or make orders against the Registrar.
2. If a person fails to respond to a demand made under article 25 and that person no longer exists or cannot be found for the purpose of enabling an order to be made against it that requires it to obtain the cancellation of the registration, the courts referred to in the previous paragraph shall have exclusive jurisdiction, on the application of the debtor or the person proposing to be the debtor, to make an order directed to the Registrar requiring the Registrar to cancel the registration.
3. If a person fails to comply with the order of the court having jurisdiction under this Convention or, in the case of national interest, an order of a court having competent jurisdiction requiring that person to seek amendment or to cancel the registration, the courts referred to in paragraph 1 may direct the Registrar to take any step that can enforce the order.
4. Except as otherwise provided by the previous paragraphs, no court may make orders or give judgment or instruction against or purporting to bind the Registrar.
Article 45 – jurisdiction in respect of the proceedings an inability to pay provisions of this chapter shall not apply to proceedings an inability to pay.
The importance of International Mobile Equipment (Aircraft) 33 chapter XIII relationship with other Conventions Article 45 bis – relationship to the Convention of the United Nations on the Assignment of receivables in international trade this Convention shall prevail over the Convention of the United Nations 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 is related to the importance of international aircraft objects , stock penggelekan stock and space assets.
Article 46 – relationship with the UNIDROIT Convention on international financial Leasing Protocols can define the relationship between the Convention and the UNIDROIT Convention on international financial Leasing, signed at Ottawa on 28 May 1988.
Chapter XIV final provisions Article 47 – Signature, ratification, acceptance, approval or kesertaan 1. This Convention shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to adopt the Convention on Mobile Equipment and Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, the Convention shall be open to all countries for signature at the headquarters of the International Institute for the unification of Private Law (UNIDROIT) in Rome until the Convention comes into force in accordance with Article 49.
2. This Convention shall be subject to ratification, acceptance or approval by States which have signed it.
3. Any country which has not signed this Convention may join at any time.
4. Ratification, acceptance, approval or kesertaan is enforced by keeping a formal instrument to that effect with the savings.
34 the laws of Malaysia Act 659 Article 48 – regional economic Integration Organisations 1. Regional Economic Integration organizations constituted by sovereign States and has competence over certain matters that are subject to this Convention can also sign, accept, approve and participate in this Convention. The regional economic Integration Organization shall in that case have the rights and obligations of the country Pejanji, as far as the Organization competent on the matters subject to this Convention. If the number of Country Pejanji is related in this Convention, the regional economic Integration Organization shall not be counted as a National Pejanji in addition to the Member countries that has the Pejanji.
2. The regional economic Integration Organization shall, at the time of signature, acceptance, approval or kesertaan, make a declaration to the Savings by stating things that are subject to this Convention in respect of which competence has been transferred to that Organization by its Member Countries. The regional economic Integration Organization shall promptly notify the holders of Savings of any changes to the distribution of competence, including new competent migration, specified in the declaration under this paragraph.
3. Any reference to "National Pejanji" or "Pejanji Nations" or "The Country" or "National parties" in this Convention applies also to regional economic Integration Organization where the context so.
Article 49 – commencement 1. This Convention come into force on the first day of the month following the expiration of three months after the date on which the third instrument storage the ratification, acceptance, approval or kesertaan but only about the category of objects to which a Protocol applies: (a) from the date of coming into operation of the Protocol;
(b) subject to the terms of the Protocol; and (c) of the parties to the Convention with the Protocol.
2. For other States this Convention come into force on the first day of the month following the expiration of three months after the date of the ratification instrument storage, receipt, approval or kesertaan them but only about the category of objects to which a Protocol applies and subject, in relation to such Protocol, to the requirements of subparagraph (a), (b) and (c) of the previous paragraph.
Article 50 – internal Transactions 1. A Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan Protocol, declare that this Convention shall not apply to transactions which is an internal transaction in relation to that country in respect of all types of objects or part of it.
The importance of International Mobile Equipment (Aircraft) 35 2. Notwithstanding the previous paragraphs, the provisions of article 8 (4), 9(1), 16, chapter V, article 29 and any of the provisions of this Convention relating to registered interests shall apply to an internal transaction.
3. If the notice of national interest has been registered in the International Registry, the stakeholders priority under article 29 shall not be affected by the fact that the interest has become vested in another person through assignment or subrogation under the applicable law.
Article 51 – the Protocol in the future 1. Holders of Savings may create working groups, work with non-governmental organizations as may be considered appropriate by the savings, to evaluate the feasibility of applying this Convention, extending through one or more Protocols, to objects of any category of mobile equipment of high value, other than a category referred to in article 2 (3), each Member of which is uniquely identifiable, and associated rights relating to such objects.
2. Holders of Savings shall send the text of any preliminary draft Protocol relating to a category of objects prepared by such a working group to all parties to this Convention, all Member States Reserve Holder, member countries of the United Nations which are not members of the holder's storage and organization between Government, and shall invite such States and organisations to participate in intergovernmental negotiations for the completion of the draft Protocol based on early drafts of such Protocols.
3. Holders of Savings shall also communicate the text of any preliminary draft Protocol prepared by such a working group to the relevant non-government organisations as may be thought fit by the savings. Non-governmental organisations shall be invited promptly to submit comments on the preliminary draft text of the Protocol and to participate as an observer in the preparation of a draft Protocol.
4. When the competent body decides Storage Holder such Protocol drafts ready to be adopted, the Savings shall hold a diplomatic conference for penerimapakaiannya.
5. when such Protocols are adopted, subject to paragraph 6, this Convention shall apply to the category object diliputinya.
6. Article 45 bis of this Convention shall apply to such a Protocol only if specifically provided for in the Protocol.
36 laws of Malaysia Act 659 Item 52 – territorial units 1. If a Country Pejanji unit territory in which a legal system different is applicable in relation to matters dealt with in this Convention, Countries that can, Pejanji at the time of ratification, acceptance, approval or kesertaan, declare that this Convention shall extend to all its territorial units or only to one of them or more and can modify perisytiharannya by submitting a declaration of others at any time.
2. Any such declaration shall state expressly the territorial unit to which this Convention applies.
3. If a Country Pejanji have not made any declaration under paragraph 1, this Convention shall apply to all territorial units of that country.
4. If a Nation Pejanji expand this Convention to one or more of its territorial units, declarations permitted under this Convention may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of a unit of other territories.
5. If by virtue of a declaration under paragraph 1, the Convention is extended to one or more territorial units of the country Pejanji: (a) the debtor is considered located in the country Pejanji only if it is incorporated or formed under a law in force in a territorial unit to which this Convention applies or if it has its registered office or statutory place, grant Center, place of business or residence is generally in the province to which this Convention applies;
(b) any reference to the location of the object in the country Pejanji refers to the location of the object in a territorial unit to which this Convention applies; and (c) any reference to the administrative authorities in the country of the Pejanji shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which this Convention applies.
Article 53 – determination of a Court of a Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan Protocol, declare a "Court" or "courts" related for the purposes of article 1 and chapter XII of this Convention.
The importance of International Mobile Equipment (Aircraft) Article 37 – 54 Declaration of remedy 1. A Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan Protocol, declaring that even if the object is secured is located within, or controlled from its territory, the chargee may not allow the lease of the object in the territory.
2. A National Pejanji shall, at the time of ratification, acceptance, approval, or kesertaan Protocol, declare whether or not any remedy available to the creditor under any provision of this Convention which are not specified in it to require application to the Court may be exercised only with leave of the Court.
Article 55 – Declaration of relief pending a final determination of a Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan Protocol, declare that the Pejanji will not be wearing the provisions of Article 13 or Article 43, or both, wholly or partly. The Declaration shall specify under which conditions the relevant Article will be applicable, if it will be used in part, or otherwise which other forms of interim relief will be used.
Article 56 – Reservations and Declaration 1. No reservations may be made to this Convention but declarations authorized by Article 39, 40, 50, 52, 53, 54, 55, 57, 58 and 60 may be made in accordance with these provisions.
2. any declaration or periystiharan then or any withdrawal of a declaration made under this Convention shall be notified in writing to the savings.
Article 57 – Declaration then 1. Something The Nation can make a declaration later, other than a declaration authorised under article 60, at any time after the date on which this Convention has come into force thereof, with the telling Holder savings effect.
2. any declaration later shall become effective on the first day of the month following the expiration of six months after the date of receipt of the notification by the savings. If a longer period for that Declaration to take effect is stated in the notification, it shall come into force at the end of such longer period after receipt of the notification by the holder of that store.
38 the laws of Malaysia Act 659 3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no declaration has been made, in respect of all rights and interests arising prior to the date of coming into operation of any declaration of the later.
Article 58 – withdrawal of Declaration 1. Any country which has made a declaration under this Convention, other than a declaration authorised under article 60, may withdraw at any time by notifying holders of savings. The withdrawal shall take effect on the first day of the month following the expiration of six months after the date of receipt of the notification by the savings.
2. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no withdrawal of the Declaration has been made, in respect of all rights and interests arising prior to the date of any such withdrawal.
Article 59 – Cancellation 1. Any Country may cancel this Convention by notification in writing to the holder of the products.
2. any cancellation shall come into operation on the first day of the month following the expiration of twelve months after the date the notification is received by the savings.
3. Notwithstanding the previous paragraphs, this Convention shall continue to apply, as if no cancellation is made, in respect of all rights and interests arising prior to the date of coming into operation any such revocation.
Article 60 – transitional provisions 1. Unless declared otherwise by Pejanji at any time, the Convention shall not apply to rights or interests which exist in advance, that maintains the priority enjoyed by him under the law applicable before the date of coming into operation of this Convention.
2. For the purposes of article 1 (v) and determine priority under this Convention: (a) "date of commencement of this Convention" means in relation to a debtor the time when this Convention comes into force or the time when the country in which the debtor is situated becomes a Country Pejanji, whichever is later; and the importance of International Mobile Equipment (Aircraft) 39 (b) the debtor is located in a country where the debtor has the Centre of his administration or, if the debtor does not have the administrative centre, a place of business or, if it has more than one place of business, the principal place of business or, if it has no place of business, residence usually.
3. A Country can Pejanji in perisytiharannya under paragraph 1 specify a date, not earlier than three years after the date the Declaration comes into operation, when this Convention and the Protocol will become applicable, for the purpose of determining priority, including the protection of any existing preference, for the right or interest arising in advance arising under an agreement made at the time the debtor is located in a Country referred to in subparagraph (b) of the previous paragraph but only to the extent and in the manner specified in perisytiharannya.
Article 61 – Review Conferences, amendments and related matters
1. Holders of Savings shall prepare a report annually or at other times as required by the circumstances of The Country about the way the international regimen established in this Convention has operated in practice. In preparing the report, the Savings must take into account the reports of the Supervisory Authority in respect of the international registration system pemfungsian.
2. At the request of not less than twenty-five per cent of the country Parties, Review Conferences of the parties of the country shall be held from time to time by the savings, after consultation with the Supervisory Authority, to consider: (a) the practical operation of this Convention and its effectiveness in facilitating the asset-based financing and leasing of objects covered by conditions;
(b) the judicial interpretation given to, and the application made of the terms of this Convention and the regulations;
(c) pemfungsian international registration system, the performance of the Registrar and its stewardship by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and (d) whether any modifications to this Convention or arrangement relating to the International Registry are desirable.
3. subject to paragraph 4, any amendment to this Convention must be approved by at least two-thirds majority of The Countries participating in the Conference referred to in the previous paragraph and shall then come into force in respect of 40 laws of Malaysia Act 659 countries that ratified, accept or approve the amendment the next time diratifikasikan, accepted or approved by the three countries in accordance with the provisions of Article 49 relating to the coming into power.
4. If the proposed amendment to this Convention is intended to apply to more than one category of equipment, such amendment shall be approved by at least two-thirds majority of the national Parties to each Protocol participating in the Conference referred to in paragraph 2.
Article 62 – holders of savings and its functions 1. Instrument of ratification, acceptance, approval or kesertaan shall be kept with the International Institute for the unification of Private Law (UNIDROIT), which is hereby designated as the holder of the products.
2. Holders of Savings shall be: (a) notify all countries Pejanji: (i) each new signature or keeping of an instrument of ratification, acceptance, approval or kesertaan, together with the date;
(ii) the date of commencement of this Convention;
(iii) each declaration made in accordance with this Convention, together with the date;
(iv) the withdrawal or amendment of any declaration, together with the date; and (v) notification of any cancellation of this Convention together with the date and the date such revocation comes into operation;
(b) a certified true copy of the relaying of this Convention to all countries Pejanji;
(c) provide the Supervisory Authority and the Registrar with a copy of each instrument of ratification, acceptance, approval or kesertaan, together with their carrying date, in respect of each declaration or withdrawal or amendment of a Declaration and of each notification of cancellation, together with the date of pemberitahuannya, so that the information contained within it is possible to easily and completely; and (d) perform any other function that asked for holders of savings.
At SAW THINGS mentioned above, Plenipotensiari the undersigned, duly authorized, have signed this Convention.
The importance of International Mobile Equipment (Aircraft) 41 MADE in Cape Town, the sixteen days of November, two thousand one, in a single original in English, Arabic, Chinese, French, Russian and Spanish, all texts are the same as the validity of his Sahih, shall come into force when verified by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days of the accuracy of text each other.
Second Schedule [Subsection 2(1)] PROTOCOL to the CONVENTION on the INTERNATIONAL IMPORTANCE of MOBILE EQUIPMENT on matters SPECIFIC EQUIPMENT AIRCRAFT of the parties to THIS PROTOCOL, CONSIDER IT necessary to implement the International Convention on the importance of Mobile Equipment (hereinafter referred to as "the Convention") as it relates to aircraft equipment, based on the purposes set out in the preamble to the Convention, AWARE of the need to adapt the Convention to meet the particular requirements of aircraft financing and to expand the field of application of the Convention so as to include the contract of sale equipment aircraft, knowing the principles and objectives of the Convention on international civil aviation, signed in Chicago on 7 December 1944, HAS AGREED with the following provision relating to aircraft equipment: chapter I field of application and general provisions Article I — the term defined 1. In this Protocol, unless the context otherwise requires, terms used in this Protocol has the meaning set out in the Convention.
2. in this Protocol the following terms are used with the meaning indicated below: (a) "aircraft" means aircraft as defined for the purposes of the Chicago Convention which are either airframe with aircraft engines installed thereon or helicopters that;
42 laws of Malaysia Act 659 (b) "aircraft engines" means aircraft engines (other than those used in military, customs or police) who berkuasakan perejanan jet or turbine or piston technology and: (i) in the case of perejanan jet aircraft engines, have at least 1750 lb thrust or its equivalent; and (ii) in the case of an aircraft engine turbine or piston berkuasakan, have at least at a rate of 550 shaft horsepower takeoff or equivalent, together with all modules and accessories, goods and equipment installed, incorporated or attached and all data, manuals and records related to it;
(c) "aircraft objects" means the framework of aircraft, aircraft engines and helicopters;
(d) "aircraft register" means a register maintained by any Country or authority to register the mark for the purposes of the Chicago Convention;
(e) "frame of aircraft" means aircraft frames (other than those used in military, customs or police) 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 accessories, goods or equipment installed, incorporated or attached (other than aircraft engines), and all data, manuals and records related to it;
(f) "authorised party" means the party referred to in article XIII (3);
(g) "Chicago Convention" means the Convention on international civil aviation, signed in Chicago on 7 December 1944, as amended, and Supplementary;
(h) "authority registering normal marks" means the authority maintaining a register in accordance with Article 77 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;
(i) cancellation of the registration of the aircraft "means deletion or withdrawal of registration of aircraft from express aircraft cleaner since according to the Chicago Convention;
The importance of International Mobile Equipment (Aircraft) 43 (j) "guarantee contract" means a contract made by a person as guarantor;
(k) "guarantor" means a person who, for the purpose of ensuring the implementation of any obligations in favour of a creditor secured by a security agreement or under an agreement, gives or issue a warranty or guarantee or letter of credit requesting stand by or any other form of credit insurance;
(l) "helicopter" means a machine heavier than air (other than those used in military, customs or police) supported in flight by air response at one or more power-driven Rotator on the bulk of the vertical axis and which is type approved by aviation authorities to transport: (i) at least five (5) persons including crew; or (ii) goods in excess of 450 kilograms, together with all accessories, goods and equipment (including the player) installed, incorporated or attached, and all data, manuals and records related to it;
(m) "events related to an inability to pay" means: (i) the commencement of the proceedings an inability to pay; or (ii) the intention was declared to suspend or actual suspension of payments by the debtor where the creditor's rights to start proceedings against the debtor's inability to pay or to exercise remedies under the Convention is prevented or suspended by law or national action;
(n) "jurisdiction of the inability to pay the main" means a Pejanji Country centre main interests of the debtor is situated, which for this purpose shall be deemed to be the place of the debtor's statutory or, if none, the place where the debtor is incorporated or formed, unless proved otherwise;
(o) "registry authority" means the national authority or the common mark registering authority, which maintain a register aircraft in a State Pejanji and responsible for the registration and cancellation of registration of aircraft in accordance with the Chicago Convention; and (d) "National Registry" means, in respect of an aircraft, the country's national register an aircraft recorded or country location authorities register cap common maintain express aircraft.
44 the laws of Malaysia Act 659 Article II — application of Convention on aircraft objects 1. The Convention shall apply in relation to aircraft objects as provided by the terms of this Protocol.
2. The Convention and this Protocol shall be known as the International Convention on the importance of Moving Equipment as applicable to aircraft objects.
Article III — application of Convention to sales provisions of the Convention of the following apply as if the reference to an agreement which creates or provides for an international interest is a reference to the contract of sale and as if the reference to the international interest, the interests of prospective international, receivables and Payables is a reference to the respective sales, prospective sales, the seller and the buyer: item 3 and 4;
Article 16 (1) (a);
Article 19 (4);
Article 20 (1) (on the registration of the contract of sale or prospective sale);
Article 25 (2) (about the prospective sale); and Article 30.
In addition, the General provisions article 1, article 5, Chapters IV to VII, article 29 (in addition to Article 29 (3) 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 the contract of sale and prospective sale.
Article IV — field of application 1. Without prejudice to article 3 (1) of the Convention, the Convention shall also apply with respect to helicopters, or with the framework of the aircraft on the aircraft, registered with the register of aircraft Country Pejanji which is a National Registry, and if such registration is made pursuant to an agreement for the registration of aircraft registration is deemed to have been effected at the time of the deal.
2. For the purposes of the definition of "internal transaction" in article 1 of the Convention: (a) an airframe is located in the Air National Registry of aircraft for which it became partly;
(b) an aircraft engine is located in the National Registry of aircraft upon which it is installed or, if it is not installed on the aircraft, where it is located physically; and the importance of International Mobile Equipment (Aircraft) 45 (c) helicopter, which is located in the country of its registration office, at the time of the making of an agreement which creates or provides for the interest.
3. The parties may, by agreement in writing, do not include the application of Article XI and, in their relationship with each other, reduce or vary the effect of any of the provisions of this Protocol except Article IX (2)-(4).
Article V — Formalities, effects and registration of contracts of sale 1. For the purposes of this Protocol, a contract of sale is one which: (a) in writing;
(b) in relation to aircraft objects seller has power to dispose; and (c) enable the aircraft object identified that coincide with this Protocol.
2. A contract of sale the seller interest on transferring aircraft object to the buyer in accordance with these conditions.
3. registration of a contract of sale remain in force for eternity. Registration of prospective sales will remain in force unless revoked or until the end of the period, if any, specified in the registration.
Article VI — the power of delegation a person can make an agreement or a sale, and register an international interest on, or sale, of an aircraft object, in an agency, trust or other representations of nature. In such case, the person shall be entitled to assert the rights and his interests under the Convention.
Article VII — description of aircraft objects a description of the aircraft object that contains the serial number of the marker, the marker's name and designation modelnya 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.
Article VIII — choice of law 1. This article applies only if the country Pejanji has made a declaration in accordance with Article XXX (1).
46 laws of Malaysia Act 659 2. The parties to an agreement, or contract of sale, or a related guarantee contract or agreement waiving can agree on the law shall be subject to the rights and obligations of their contract, in whole or in part.
3. Unless agreed otherwise, the pronunciation in the previous paragraph regarding the law chosen by the parties was about the pillars of the domestic law of the country specified or, if that country consists of several units of the province, regarding domestic law stipulated that regional units.
Chapter II default Remedies, priorities and assignment Article IX — Modification of default remedies provisions 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 set out in the Chapter: (a) obtain the cancellation of the registration of that aircraft; and (b) obtain the export and physical transfer of the aircraft object from the territory in which the aircraft object is located.
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 superior to its position with the creditors.
3. Article 8 (3) of the Convention shall not apply to aircraft objects. Any remedy given by the Convention in relation to aircraft objects shall be executed in the manner reasonably commercial. A remedy shall be deemed to be effected in the manner reasonably commercial if it is implemented in accordance with the provisions of the agreement unless such provision expressly unreasonable.
4. a chargee giving prior written notice for ten working days or more for a sale or lease to interested persons shall be deemed to have fulfilled the requirements of providing "reasonable prior notice" specified in article 8 (4) of the Convention. The aforesaid shall not prevent a chargee and chargor or a guarantor from agreeing to a prior notice period longer.
5. The authorities of the registration office in the country Pejanji shall, subject to any applicable laws and safety regulations applicable, meet their demand for cancellation of registration and export if: (a) the request submitted by the authorised under irrevocable cancellation of registration are recorded and the permission of export demand; and the importance of International Mobile Equipment (Aircraft) 47 (b) authorized parties to recommend registry authority, if required by the authority, that all registered interests itself superior to the creditors with favour such permission has been issued has been revoked or the interest holder has authorized cancellation of registration and export it.
6. a chargee proposing to obtain cancellation of registration and export aircraft under paragraph 1 other than pursuant to a court order shall give reasonable prior notice in writing of the cancellation of the registration of a proposed trade 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) the Convention have given notice of their rights to the chargee within a reasonable time prior to the cancellation of registration and export it.
Article X — modification of provisions regarding relief pending final settlement of 1. This article applies only if a Country Pejanji has made a declaration under article XXX (2) and to the extent stated in such declaration.
2. For the purposes of Article 13(1) of the Convention, "speedy" in the context of obtaining relief means within the number of working days from the date of filing an application for relief as is specified in a declaration made by the National Pejanji which application is made.
3. Article 13(1) of the Convention applies with the following being added immediately after subparagraph (d): "(e) if at any time the debtor and the creditor specifically agree, sale and use of proceeds therefrom", and Article 43 (2) apply to the entry after the words "of article 13 (1) (d)" the words "and (e)".
4. Ownership or any other interest of the debtor who moved on disposal under previous paragraph is free from any other interest thereon to the international interest of the creditor has priority under the provisions of Article 29 of the Convention.
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.
48 laws of Malaysia Act 659 6. With regard to the remedies in article IX (1): (a) the remedies should be made available by the registry authority and other administrative authorities, as applicable, in the National Pejanji not later than five working days after the creditor told the authorities that the relief specified in article IX (1) given or, in the case of relief given by foreign courts , is accredited by the national court Pejanji that, and that the creditor is entitled to seek remedies in accordance with the Convention; and (b) the relevant authority shall as soon as possible to cooperate with and assist the creditor in implementing the remedies in accordance with the laws and regulations applicable aviation safety.
7. Paragraphs 2 and 3 shall not prejudice to any laws and regulations applicable aviation safety.
Article XI — Remedies on an inability to pay 1. This article applies only if the country of Pejanji, which are the jurisdiction of the inability to pay the principal has made a declaration in accordance with Article XXX (3).
Alternative A 2. In the event of events related to an inability to pay, the debtor's inability to pay or administrator, as the case may be, 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 that creditors should be entitled to possession of the aircraft object if this article does not apply.
3. For the purposes of this article, "waiting period" is the period specified in the Declaration of the country of Pejanji, which are the jurisdiction of the inability to pay the principal.
4. References in this article about "the inability of administrator pay" shall be a reference to that person on its official nature, not on his personal properties.
5. Unless and until creditors are given the opportunity to take possession under paragraph 2: (a) the administrator of an inability to pay or the debtor, as applicable, shall preserve and maintain the aircraft object and its value in accordance with the agreement; and the importance of International Mobile Equipment (Aircraft) 49 (b) the creditor shall be entitled to apply for any other forms of interim relief available under the law of the case.
6. Subparagraph (a) of the previous paragraph shall not prevent the use of the aircraft object under arrangements designed to preserve objects of aircraft and maintaining them and value.
7. Pentabdir inability to pay or the debtor, as the case may be, may be, keep possession of the aircraft object where, by the time specified in paragraph 2, it has been to restore all defaults other than a default was made through the opening of the proceedings an inability to pay and has agreed to perform all future obligations under the agreement. Second waiting period shall not apply in respect of default in fulfilling obligations in the future.
8. With regard to the remedies in article IX (1): (a) the remedies should be made available by the registry authority and administrative authority in the country of Pejanji, as the case may be, not later than five working days after the date the creditor to notify the authority that it reserves the right to seek remedies in accordance with the Convention; and (b) the appropriate authority shall as soon as may cooperate with and assist the creditor in implementing the remedies in accordance with the laws and regulations applicable aviation safety.
9. no implementation of remedies permitted by the Convention or this Protocol may be prevented or delayed further after the date specified in paragraph 2.
10. no obligations of the debtor under the agreement may be modified without the consent of the creditor.
11. There is nothing in the preceding paragraph shall be construed as touching the power, if any, the administrator of an inability to pay under applicable law to cancel the deal.
12. no rights or interests, except for the category of rights or interests not covered by the consensus declaration pursuant to Article 39 (1), shall have priority in insolvency proceedings over registered interests are paying for.
13. The Convention as modified by Article IX this Protocol shall apply in exercising any remedy under this matter.
50 laws of Malaysia Act 659 Alternative B 2. Upon the happening of an event related to an inability to pay, the debtor's inability to pay or administrator, as the case may be, when requested by the creditor, the creditor shall give notice within the time specified in the Declaration of National Pejanji in accordance with Article XXX (3) whether it will: (a) restore all defaults other than a default was made through the opening of the proceedings an inability to pay and agree to perform all future obligations under the agreement and related transaction documents; or (b) give the creditor the opportunity to take ownership of the aircraft object, in accordance with applicable law.
3. applicable law referred to in subparagraph (b) of the previous paragraph may allow the Court to require the taking of any additional step or the provision of any additional guarantee.
4. The creditor shall provide evidence of its claim and proof that its international interest has been registered.
5. If an administrator an inability to pay or the debtor, as the case may be, does not give notice in accordance with paragraph 2, or when an administrator an inability to pay or the debtor has declare that it will provide opportunity for creditors to take ownership of the aircraft object but fails to do so, the Court may permit the creditor to take possession of aircraft objects in accordance with such terms as may be ordered by the Court and may require the taking of any additional step or the provision of any additional guarantee.
6. the aircraft Object shall not be sold pending a decision by the Court in respect of claims and interests internationally.
Article XII — insolvency Assistance pay 1. This article applies only if the country Pejanji have made periystiharan in accordance with Article XXX (1).
2. The courts of the country Pejanji in which the aircraft object is situated shall, in accordance with National law, cooperate to the extent of Pejanji maximum extent can with foreign courts and foreign insolvency administrators in carrying out the provisions of pay in Article XI.
Article XIII — cancellation of registration and authorization request export 1. This article applies only if the country Pejanji have made a declaration in accordance with Article XXX (1).
The importance of International Mobile Equipment (Aircraft) 51 2. If the debtor has issued a revocation of registration cannot be null and the permission of export demand largely according to the form attached to this Protocol and has submitted such authorisation for recorded to the authorities, the Office of registration shall be recorded in such a way.
3. Those who favour the authorisation has been issued (the "authorized parties"), or he may authorised shall be the sole person entitled to exercise the remedies specified in article IX (1) and may do so only in accordance with the truth and the laws and regulations applicable aviation safety. Such authorization may be revoked by the debtor without the consent in writing of the authorised party. The authorities of the registry shall issue permission from registry of the request of the authorised.
4. the registry authority and other administrative authorities in the country Pejanji shall as soon as possible to cooperate with and assist the authorised party in the implementation of the remedies described in article IX.
Article XIV — modification of main provisions 1. Someone buyer aircraft object under the registered sales of the object acquires its interest free of interest registered subsequently and of interest not registered, even if the buyer has actual knowledge of the unregistered interest.
2. a buyer of an object acquires its interest on the aircraft of the object subject to the interest registered at the time of the procurement exercise.
3. Ownership of rights or interests or other rights or interests in aircraft engines are not affected by its installation on or pengalihannya of the aircraft.
4. Article 29 (7) Convention applicable to an article, other objects, that is installed on the frame of aircraft, aircraft engine or helicopter.
Article XV — Modification of assignment provisions Article 33 (1) of the Convention applies as if the following were added immediately after subparagraph (b):
"and (c) the debtor has given consent in writing, whether or not consent has been given prior to assignment or identifies assigns."
52 laws of Malaysia Act 659 Article XVI — debtor Provisions 1. If there is no default occurred within the meaning of article 11 of the Convention, the debtor shall be entitled to possession and use of the object in accordance with the agreement for: (a) his creditors and the holder of any interest which the debtor takes free pursuant to Article 29 (4) of the Convention or, for the nature of buyer, article XIV (1) of this Protocol, unless and to the extent that debtors have agreed otherwise; 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, for the nature of buyer, article XIV (2) of this Protocol, but only to the extent, if any, that such holder has agreed.
2. There is nothing in the Convention or this Protocol affect the liability of a person the creditor for any breach of the agreement under the applicable law in so far as the agreement relates to aircraft objects.
Chapter III registry Provisions relating to international interests on aircraft objects Article XVII — the Supervisory Authority and the Registrar 1. Supervisory Authority shall be the international entity designated by a resolution adopted by the Diplomatic Conference to adopt the Convention on Mobile Equipment and Aircraft Protocol.
2. If the international entity referred to in the previous paragraph cannot be and is not willing to act as Supervisory Authority, a Conference of Signatory and Pejanji shall be held to set the other Supervisory Authorities.
3. the Supervisory Authority and its employees and officers shall enjoy such immunity from legal process and administration as provided under the rules applicable to them as an international entity or otherwise.
4. the Supervisory Authority may establish a Commission of experts, from among persons nominated by Signatory and Pejanji and shall have the necessary qualifications and experience, and mengamanahkannya with the task of assisting the Supervisory Authority in the discharge of its functions.
5. the Registrar shall first handle the International Registry for a period of five years from the date of coming into operation of this Protocol. Thereafter, the Registrar shall be appointed or reappointed at regular five-year intervals by the Supervisory Authorities.
The importance of International Mobile Equipment (Aircraft) 53 Article XVIII — first regulations the first regulations shall be made by the Supervisory Authority in order to take effect when this Protocol comes into force.
Article XIX — entry points set 1. Subject to paragraph 2, a National Pejanji may at any time designate an entity or entities in its territory as the entry point or entry points through it shall or may be transmitted to the International Registry information required for registration other than registration of a notice of national interest or a right or interest under article 40 in any of it arising under the laws of other countries.
2. A designation made under the preceding paragraph may permit, but cannot force, the use of the entry point or entry points for information required for registrations in respect of aircraft engines.
Article XX — additional Modifications to Registry provisions 1. For the purposes of article 19 (6) of the Convention, the search criteria for the aircraft object is the name of the manufacturer, the manufacturer's serial number and designation modelnya, added as necessary to ensure uniqueness. Additional information shall be specified in the regulations.
2. For the purposes of Article 25 (2) of the Convention and in the circumstances described it, international stakeholders registered prospective assignment or prospective international interest or a registered for those who favour the prospective sale has been registered shall take any necessary measures in his power to obtain the cancellation of the registration no later than five working days after receipt of the demand described in such paragraph.
3. The fee referred to in article 17 (2) (h) of the Convention shall be determined in order to restore the reasonable cost for the creation, operation and supervision of regulated International Registration Office and reasonable cost of Supervisory Authorities that are associated with the implementation function, the exercise of powers, and discharge of duties expected by article 17 (2) of the Convention.
4. The function of centralized International Registration Office shall be managed and administered by the Registrar based on twenty-four hours a day. The various entry points shall be operated at least during working hours in their respective territories.
54 laws of Malaysia Act 659 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 the aircraft object as determined by the Supervisory Authority.
6. There is nothing in the Convention shall prevent the Registrar from getting insurance or a financial guarantee covering events for which the Registrar is not liable under article 28 of the Convention.
Chapter IV jurisdiction Article (XIX) — modification of jurisdiction provisions for the purposes of Article 43 of the Convention and subject to article 42 of the Convention, the national court also has jurisdiction Pejanji when the object is a helicopter, or an airframe conditioning related to aircraft, for which that country is the country of registry.
Article XXII — waivers of sovereign immunity 1. Subject to paragraph 2, a waiver of sovereign immunity from the jurisdiction of the Court specified in article 42 or Article 43 of the Convention or relating to enforcement of rights and interests relating to aircraft objects under the Convention shall be binding and, if other conditions to such jurisdiction or enforcement have been met, shall be effective to give the authority and allow enforcement , as the case may be.
2. a Waiver under the preceding paragraph must be in writing and contain a description of the aircraft object.
Chapter V relationship with other Conventions Article XXIII — relationship with the Convention on the International Recognition of rights in Aircraft the Convention shall, for the Pejanji which 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, on the rights or interests not covered or touched by this Convention, Geneva Convention cannot be replaced.
The importance of International Mobile Equipment (Aircraft) 55 Article XXIV — relationship with the Convention for the unification of Certain rules relating to the installation of a preventive Aircraft 1. Convention shall, for the Pejanji which is a party to the Convention for the unification of Certain rules relating to the installation of a preventive aircraft, signed in Rome on 29 May 1933, replacing the Convention in so far as it relates to aircraft, as defined in this Protocol.
2. A party Country Pejanji to the Convention may declare, at the time of ratification, acceptance, approval, or kesertaan of this Protocol, that it will not be wearing this thing.
Article XXV SURVEY GAMES — relationship with the UNIDROIT Convention on International Leasing Financing Convention shall supersede the UNIDROIT Convention on International Financing Leasing, signed at Ottawa on 28 May 1988, in so far as it relates to aircraft objects.
Chapter VI final provisions Article XXVI — Signature, ratification, acceptance, approval or kesertaan 1. This Protocol shall be open for signature in Cape Town on 16 November 2001 by States participating in the Diplomatic Conference to adopt the Convention on Mobile Equipment and Aircraft Protocol held at Cape Town from 29 October to 16 November 2001. After 16 November 2001, this Protocol shall be open to all countries for signature at the headquarters of the International Institute for the unification of Private Law (UNIDROIT) in Rome until it takes effect in accordance with Article XXVIII.
2. This Protocol shall be subject to ratification, acceptance or approval by States which have signed it.
3. Any country which has not signed this Protocol can join at any time.
4. Ratification, acceptance, approval or kesertaan enforced by keeping the official instrument for menguatkuasakannya with the savings.
56 laws of Malaysia Act 659 5. A Country is not a party to this Protocol unless it is or becomes also a party to the Convention.
Article XXVII — Regional Economic Integration Organisations
1. Regional Economic Integration Organizations constituted by sovereign States and has integrity on certain matters which are subject to this Protocol may also sign, accept, approve or participate in this Protocol. The regional economic Integration organisation shall in that case have the rights and obligations of the country Pejanji, in so far as that organization has credibility on the matters that are subject to this Protocol. If the number of Pejanji Countries associated in this Protocol, the regional economic Integration Organization shall not be counted as a National Pejanji in addition to its Member Countries which has the Pejanji.
2. The regional economic Integration Organisation shall, at the time of signature, acceptance, approval or kesertaan, make a declaration to the Savings by stating things that are subject to this Protocol in respect of which the credibility have been transferred to that organization by its Member Countries. The regional economic Integration organisation shall promptly notify the holders of Savings of any changes to the distribution integrity, including transfer of new reliability, stated in the periystiharan under this paragraph.
3. Any reference to "National Pejanji" or "Pejanji Nations" or "The nation" or "Country party" in this Protocol applies also for the regional economic Integration Organisation where the context so.
Article XXVIII — commencement 1. This Protocol comes into force on the first day of the month following the expiration of three months after the storage of the eighth instrument of ratification, acceptance, approval or kesertaan, between countries that have retain it that way.
2. For other States this Protocol come into force on the first day of the month following the expiration of three months after the date of the ratification instrument storage, receipt, approval or kesertaan.
Article OLYMPIAD — territorial units 1. If the country has Pejanji territorial units in which the legal system applicable in relation to different things being said in this Protocol, the country of the Pejanji, at the time of ratification can be, acceptance, approval or kesertaan, declares that the Protocol is extended to all its territorial units or only to one or more territorial units and can modify perisytiharannya by submitting another declaration at any time.
The importance of International Mobile Equipment (Aircraft) 57 2. Any such declaration shall state expressly the territorial unit to which this Protocol applies.
3. If the country Pejanji have not made any declaration under paragraph 1, this Protocol shall apply to all territorial units of that country.
4. If the nation Pejanji expand this Protocol to one or more of its territorial units, declarations permitted under this Protocol may be made in respect of each such territorial unit, and the declarations made in respect of one territorial unit may be different from those made in respect of another territorial unit.
5. If by virtue of a declaration under paragraph 1, the Protocol is extended to one or more territorial units of the country Pejanji: (a) the debtor is considered located in the country Pejanji only if the debtor is incorporated or formed under a law in force in a territorial unit to which the Convention and this Protocol apply or if the debtor has a registered office or place of statutory , a centre of administration, place of business or residence is usually in units of territory for which the Convention and this Protocol apply;
(b) any reference to the location of the object in a given Country Pejanji refers to the location of the object in the territory for which the Convention and this Protocol apply; and (c) any reference to the administrative authorities in the country of the Pejanji shall be construed as referring to the administrative authorities having jurisdiction in a territorial unit to which the Convention and this Protocol apply and any reference to express national or authority registry in the country of the Pejanji shall be construed as referring to the aircraft register in force or to the registry authority having jurisdiction in the territorial unit or units to which the Convention and the Protocol This applies.
Article XXX — Declarations relating to certain provisions 1. A Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan to this Protocol, declare that the Pejanji are put on any one or more of the Article VIII, XII and XIII of this Protocol.
2. A Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan to this Protocol, declare that the Pejanji are put on Article X of this Protocol, wholly or partly. If the Pejanji declares such Countries with respect to Article X (2), country Pejanji it shall state the period of time that he needs.
58 laws of Malaysia Act 659 3. A Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan to this Protocol, declare that the State of the overall Pejanji will wear the alternative A, or the whole Alternative B of article XI and, if so, shall specify the types of proceedings an inability to pay, if any, to which the Pejanji Countries will wear the alternative A and type of proceedings an inability to pay, if any, to which the Pejanji Countries are wearing Alternative b. National Pejanji that makes A declaration pursuant to this paragraph shall specify the period of time that required by Article XI.
4. The National Court shall apply Article XI Pejanji in accordance with the Declaration made by Pejanji which is the jurisdiction of the inability to pay the principal.
5. A Country can Pejanji, at the time of ratification, acceptance, approval, or kesertaan to this Protocol, declare that the Pejanji will not be wearing the provisions of Item (XIX), wholly or partly. The Declaration shall state the conditions under which such matters shall apply, if it will be used in part, or otherwise which other forms of interim relief will apply.
Article XXXI — Declarations under the Convention a declaration made under the Convention, including those made under article 39, 40, 50, 53, 54, 55, 57, 58 and 60 of the Convention, shall be deemed to have been also made under this Protocol unless stated otherwise.
Article XXXII — Reservations and declarations 1. No reservations may be made to this Protocol but declarations authorized by Article XXIV, OLYMPIAD, XXX, XXXI, XXXIII and XXXIV may be made in accordance with these provisions.
2. any declaration or declaration then or any withdrawal of a declaration made under this Protocol shall be notified in writing to the holder of the products.
Article XXXIII — Declaration then 1. A National Party may make a declaration later, other than a declaration made in accordance with Article XXXI under article 60 of the Convention, at any time after the date on which this Protocol comes into force, by notifying holders of Savings to that effect.
2. any declaration later shall become effective on the first day of the month following the expiration of six months after the date of receipt of the notification by the holder of that store. If the International Interests of Mobile Equipment (Aircraft) 59 longer for the Declaration to take effect is stated in the notification, it shall become effective at the end of such longer period after receipt of the notification by the savings.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no declaration has been made, in respect of all rights and interests arising prior to the date of coming into operation of any declaration of the later.
Article XXXIV — withdrawal of declarations 1. Any country party made a declaration under this Protocol, other than a declaration made in accordance with Article XXXI under article 60 of the Convention, may withdraw the Declaration at any time by notifying holders of savings. The withdrawal shall become effective on the first day of the month following the expiration of six months after receipt of the notification by the savings.
2. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no such withdrawal has been made, in respect of all rights and interests arising prior to the date of any such withdrawal.
Article XXXV — Cancellation 1. Any Country may cancel this Protocol by notification in writing to the holder of the products.
2. Any such revocation shall become effective on the first day of the month following the expiration of twelve months after the date of receipt of the notification by the savings.
3. Notwithstanding the previous paragraphs, this Protocol shall continue to apply, as if no cancellation is made, in respect of all rights and interests arising prior to the commencement of any such revocation.
Article XXXVI — Review conferences, amendments and related matters
1. Holders of savings, after consultation with the Supervisory Authority, shall prepare a report annually, or at any other time as the circumstances require, to The Country about the way that the international regime established in the Convention as amended by this Protocol has been adopted. In preparing the report, the Savings must take into account a report by the Supervisory Authorities in respect of the international registration system pemfungsian.
60 laws of Malaysia Act 659 2. At the request of not less than twenty-five percent of The country, The National Review Conference shall be held from time to time by the savings, after consultation with the Supervisory Authority, to consider: (a) the practical operation of the Convention as amended by this Protocol and its effectiveness in facilitating the asset-based financing and leasing of the objects covered by the conditions;
(b) the judicial interpretation given to, and the application made of the terms of this Protocol and regulations;
(c) pemfungsian international registration system, the performance of the Registrar and its stewardship by the Supervisory Authority, taking into account the reports of the Supervisory Authority; and (d) whether any modifications to this Protocol or the arrangements relating to the International Registry are desirable.
3. Any amendment to this Protocol shall be approved by at least a majority of two-thirds of The Countries participating in the Conference referred to in the previous paragraph and shall then come into force in respect of States which have ratified, accept or approve the amendment when it was diratifikasikan, accepted or approved by eight countries by the provisions of Article XXVIII relating of coming into power.
Article XXXVII — holders of savings and its functions 1. Instrument of ratification, acceptance, approval or kesertaan shall be kept with the International Institute for the unification of Private Law (UNIDROIT), which is hereby designated as the holder of the products.
2. Holders of Savings shall be: (a) inform all countries Pejanji of: (i) each new signature or storage of instrument ratification, acceptance, approval or kesertaan, together with the date;
(ii) the date of commencement of this Protocol;
(iii) each declaration made in accordance with this Protocol, together with the date;
(iv) the withdrawal or amendment of any declaration, together with the date; and (v) notification of any cancellation of this Protocol together with the date and the date it comes into operation;
(b) transmit certified true copies of this Protocol to all countries Pejanji;
The importance of International Mobile Equipment (Aircraft) 61 (c) provides for the Supervision Authority and the Registrar a copy of each instrument of ratification, acceptance, approval or kesertaan, together with their carrying date, in respect of each declaration or withdrawal or amendment of a Declaration and of each notification of cancellation, together with the date of pemberitahuannya, so that the information contained within it is possible to easily and completely; and (d) perform any other function that asked for holders of savings.
SAW IT on the ABOVE Plenipotensiari the undersigned, having been duly authorised, have signed this Protocol.
MADE in Cape Town, on the sixteen days of November, two thousand one, in a single original in English, Arabic, Chinese, French, Russian and Spanish, all texts equally authentic, authenticity is to take effect when verified by the Joint Secretariat of the Conference under the authority of the President of the Conference within ninety days of the accuracy of text each other.
REGISTRATION CANCELLATION FORM attachments CANNOT BE NULL and the PERMISSION REQUEST EXPORT Attachments referred to in article XIII [Insert Date] to: [Insert name of Registry Authority] Item: cancellation of registration cannot be null and the permission of export demand Signatories below is the [operator] [owner] * registered [Enter name of the airframe maker air/helicopters and model number] which shows the manufacturer serial number [insert manufacturer's serial number] and registration [number] [mark] [insert registration number/mark] (together with all accessories , goods and equipment, installed, incorporated or attached to, "aircraft").
This instrument is an irrevocable cancellation of registration and authorization request export issued by the signatories below that in favour of [insert name of creditor] ("authorized party") under the authority of Article XIII of the Protocol to the Convention on the importance of * Select terms which reflect the relevant registration criteria of nationhood.
62 laws of Malaysia Act 659 International Mobile Equipment on matters specific equipment of the aircraft. According to the matter, the signatories below with this request: (i) recognition that the authorised party or the person who diperakukannya as prescribed is for single person entitled to: (a) obtain the cancellation of the registration of the aircraft from [insert name of aircraft register] maintained by the [insert name of registry authority] for the purposes of chapter III of the Convention on international civil aviation, signed in Chicago , on 7 December 1944, and (b) acquire the export and physical transfer of aircraft from [insert name of country]; and (ii) confirmation that the authorised party or the person who diperakukannya as prescribed can take action specified in clause (i) above on written demand without the consent of the signatories below and that, after the request, the authorities in [insert name of country] shall co-operate with the authorised party with a view to a speedy solution for the action.
Rights in favour of the authorised party established by this instrument cannot be cancelled by the signatories under without the consent in writing of the authorised party.
Please acknowledge your consent to this request the terms and conditions with the notation that fit in the space provided below and lodge the instrument in [insert name of registry authority].
[enter the name of the operator/owner]
Agree with and lodged By: [insert name of signatory] [enter date]: [enter the position of the signer] [insert details of notations related] importance of International Mobile Equipment (Aircraft) 63 laws of MALAYSIA Act 659 International Interest ACT Of Mobile Equipment (aircraft) 2006 LIST of AMENDMENT of laws that amend the short title effect from – no – 64 laws of Malaysia Act 659 laws of MALAYSIA Act 659 International Interest ACT Of Mobile Equipment (aircraft) 2006 LIST of SECTION AMENDED Section Power amend with effect from – THERE are –
