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Aviation Law

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Aviation Law

In a globalized world, the aviation industry plays a key role in interconnecting people around the globe. MWC Legal’s aviation practice team works with airlines, leasing companies, financiers, regulators and manufactures in providing a wide range of legal services in the aviation sector.

Some of the high profile matters handled by MWC’s team include:

✎ Acting for an Indonesian Aviation Company in connection with leasing of its aircrafts to Kenyan lessees. Scope of work included: preparation of the transaction documents; liaising with aviation regulators in Kenya and Indonesia and overseeing registration of the transaction documents at the relevant registries including the Civil Aviation Registry and the International Registry of Mobile Aircraft Assets;

✎ Acting for US based company that provides leasing and finance services to lessees across the globe in providing legal support in relation to the preparation, documentation and perfection of aircraft leasing documentation in Kenya;

✎ Acting for a local financier in connection with financing of acquisition of three airrafts by a Kenyan company. Scope of work included: acting for the financier in creating and perfecting lender’s security interests in the aircrafts by wayof aircraft mortgages, undertaking the aircraft interest searches on the International Registry of Mobile Aircraft Assets and at the Civil Aviation Registry, coordinating the completion of thepurchase and registration of the financier’sinterests;

✎ Acting for a foreign incorporated entity in the enforcement of its rights as a lessor over an aircraft leased to a Kenyan aircraft operator. Scope of work included: assisting the clientin the deregistration of the leased aircraft, coordinating with the local aviation regulators including Kenya Airports Authority and the Kenya Civil Aviation Authority to obtain clearanceto ground the aircraft and settlement of the outstanding charges; assisting the client with court proceedings; preparing the necessary aircraft lease and novation agreements;

✎ Acting for a local company in the review of theapplicable civil aviation legislation in Kenya andadvising on all the compliance requirements;

✎ Contributing to the 6th edition of The Aviation Law Review publication which is a commentaryon the civil aviation legal regime in Kenyaincluding: an outline of the major changes to themain statutes and aviation regulations in Kenyarelating to, among others, certification andlicensing of aerodrome and aircraft operators, instruments and equipment, personnel licensing, aircraft nationality and registration marks, safety management, air accident and incident investigations and airworthiness; developments in the civil aviation sector in Kenya and commentingon the opportunities available.

✎ Acting for a Kenyan and Mauritian purchasers of an aircraft in the purchase of an aircraft owned by a Singaporean entity financed by a lender based in Mauritius. Scope of work included: negotiating the transaction documents for the acquisition of the aircraft; reviewing the transaction security documents; assisting the purchasers in preparing the required corporate authorizations; assisting the purchasers in appointing process agents in the United Kingdom and New York and assisting the purchasers in registering as transaction user entities on the International Registry of Mobile Aircraft Assets.

 

For more information on MWC’s expertise on Aviation Law please contact Peter Mwaura at pmwaura@mwc.legal.