Other aircraft ownership information
Registration for multiple owners of aircraft (joint legal owners)
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 is owned by more than one owner and that he/she has been duly appointed to act on behalf of all owners. The names and/or details of the additional owners are not recorded in the Register or noted by CASA.
This should not be seen as giving a greater right of ownership to the owner named as registration holder. Part 47 clearly states that an entry in the Australia Civil Aircraft Register in relation to an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft. It also states that a certificate of registration for an aircraft is not conclusive evidence of the existence of a legal or beneficial property interest in the aircraft.
For leased aircraft
Depending on contractual arrangements, the sole legal owner (the lessor) may become the registration holder under Part 47, even if the lessor is a financial institution. It is the registration holder's responsibility to nominate a registered operator. The registered operator must be an eligible person in accordance with CASR 47.010 and accept the responsibility for the continuing airworthiness and maintenance control of the aircraft.
Even if the registration holder is a financial institution with no connection to aviation they remain responsible for all the regulatory matters which place responsibility on the holder of this position.
Partnerships cannot be registration holders or registered operators under Part 47 as they are not legal entities. Equally, they do not fit within the definition of an 'eligible person' under CASR 47.010.
The parties involved in a partnership will need to discuss the situation, come to a decision and nominate one of their group to be the registration holder. The registration holder must then nominate the registered operator.
A trust cannot be a registration holder or registered operator for an aircraft. A trustee will be noted as the registration holder on behalf of a trust, provided a copy of the Trust Deed is provided at the time of application. The registration holder would then be noted as 'Robert Smith as trustee for the Smith Family Trust'.
Trusts will not be recorded as a registered operator.
Should a trustee change, it will be necessary to lodge a Form 027 Part 1 - Transfer of Ownership and Form 027 Part 2 - Application by New Owner to become the Registration Holder in order to effect the change.
Other ownership scenarios
There are other, more complex ownership scenarios which have not been dealt with here. If you would like to discuss your specific situation, please contact the Registrar - Australian Civil Aircraft by emailing email@example.com or phone on 131 757.