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Aircraft Title Search and Transaction Counsel

The Legal Problem

Aircraft title due diligence requires searching two distinct registries: the United States Federal Aviation Administration (FAA) Aircraft Registry maintained in Oklahoma City, and the International Registry of Mobile Assets (International Registry) established under the Convention on International Interests in Mobile Equipment (Cape Town Convention, 2001) and its Aircraft Protocol. A buyer who searches only the FAA Registry may miss international interests that have priority under the Cape Town Convention — and those interests survive the purchase.

Engine title is a separate and equally important issue. An engine removed from its original airframe and installed on another aircraft during maintenance carries its own title history and may have independent liens. Cross-border transactions add further complexity: different jurisdictions treat aircraft ownership and security interests differently, and the choice of governing law in transaction documents has significant consequences.

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guibert.law Insight

The Cape Town Convention's International Registry operates on a first-to-file priority system for international interests in airframes and aircraft engines meeting minimum size thresholds. A prospective buyer who registers a prospective buyer's certificate at the International Registry obtains a ten-business-day priority window during which no new international interest can be registered ahead of the buyer's interest. This step is essential in any cross-border transaction and is routinely missed by counsel without specialized aviation transaction experience.

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