If there are several owners of an aircraft, they must decide who will become the registration holder.
The nominated person must declare on the application form that:
- the aircraft has more than one owner
- they have approval to act on behalf of all owners.
We do not record the names and details of extra owners in the civil aircraft register.
The owner named as registration holder does not have a greater right of ownership.
Registration for leased aircraft
The sole legal owner (the lessor) can become the registration holder, even if the lessor is a financial institution.
A registration holder must nominate a registered operator who is:
- an eligible person under Part 47 of CASR
- responsible for the continuing airworthiness and maintenance control of the aircraft.
If the registration holder is a financial institution with no connection to aviation, they are still responsible for all regulatory matters which place responsibility on the registration holder.
Registration for partnerships
Partnerships are not legal entities and do not meet the definition of an eligible person under Part 47 of CASR. Therefore they cannot be registration holders or registered operators.
The parties involved in a partnership must nominate one of their group to be the registration holder. The registration holder must then nominate the registered operator.
Registration for trusts
A trust cannot be a registration holder or registered operator.
A trustee can be a registration holder on behalf of a trust if we receive a copy of the Trust Deed with your application. We then record the registration holder as 'Robert Smith as trustee for the Smith Family Trust' (example only).
If a trustee changes, you must submit:
- Form 027-1 Transfer of aircraft ownership
- Form 027-2 New aircraft owner to become registration holder
Other ownership scenarios
There are other, more complex ownership scenarios which are not outlined here.
Contact us to discuss your specific situation.
To transfer ownership or asset
You must include the date when the asset transfer was completed on your form when you:
- transfer ownership of an aircraft
- apply to become an aircraft registration holder.
Example 1 - financial settlement
If the transfer of the title was upon financial settlement and the payment of the aircraft was by:
- cheque - the date of the deposit of the cleared funds in the seller’s account
- instalments - the date the former owner receives the final payment.
Example 2 - contract terms
When a contract states that the asset transfer would be complete when a particular event happens, use the date of asset transfer (irrespective of the financial transfer).
Examples of a specific event include the:
- physical delivery of the aircraft
- completion of particular maintenance.
In some cases we may ask you to provide evidence of the contract terms.
Example 3 - asset transfer
When the transfer of an aircraft's ownership from one entity to another occurs without any money changing hands - use the date that the asset transfer is complete.
Example 4 - asset repossession
If the entity repossessing assumes ownership of the asset rather than having the legal right to repossess and on-sell without becoming the owner, include the date the asset transfer took place.
If repossession of an aircraft takes place without ownership transfer, the registered operator must change if the registered operator is no longer responsible for the continuing airworthiness and maintenance control of the aircraft.
Example 5 - nominated entity change
If more than one entity owns an aircraft, and the change signifies a change of the entity nominated as registration holder only (rather than the sale or transfer of an asset), include the date the change of registration holder is to be effective from. Please note this date must be on or before the form is submitted. You must include a covering letter explaining the process.
Example 6 - partial asset transfer
If you have made a partial asset transfer, you do not need to notify us of the change. For example, the asset changes from having one owner to multiple owners, but the original owner maintains a part of ownership and remains as registration holder.
If one of the new owners is to become the registration holder, they must lodge both these forms:
Include the date the change of registration holder is to be effective from. Please note this date must be on or before the form is submitted. You must also include a covering letter explaining the process.