Aruba Aircraft Registration
Public Registers Aruba has two public registers: the Aruban Nationality Register (“Nationality Register“) and a public register for the registration of aircraft (openbaar register voor teboekgestelling van luchtvaartuigen), which is a so called ‘title register’ (“Title Register“). The Nationality Register is promulgated pursuant to the Chicago Convention 1944. An aircraft registered in the Nationality Register obtains the Aruban nationality, with a P4 registration mark. The Nationality Register is kept by the Department of Civil Aviation Aruba. The Title Register has been created pursuant to the Geneva Convention 1948 (the “Geneva Convention“), in which proprietary rights on aircraft may be registered (e.g. right of mortgage). The Title Register is kept by the Land and Mortgage Registry of Aruba. An aircraft of the Aruban Nationality and an Aruban mortgage on aircraft (constituting an international interest pursuant to the Cape Town Convention) may also be registered in the International Registry. The International Registry is based in Ireland, which operates under the legal framework of the Cape Town Convention and Aircraft Protocol. International interests are recognised by all ratifying jurisdictions, with earlier registered interest ranking in priority over subsequent registered interest. Registration in the Nationality Register An aircraft can only be registered in the Nationality Register, if
- The owner of the aircraft is a resident of Aruba or has its corporate seat in Aruba,
- The aircraft is owned by a legal entity on which the laws of the following counties are applicable: European Union and certain territories and associated Countries, Switzerland, Canada, the United States of America or a country mentioned in Annex to Ministerial Decree A.B. 2014, No 15, provided the aforementioned legal entities are continuously represented by a natural person or legal entity in Aruba, or
- If the aircraft has been leased to a legal entity mentioned under (i) and (ii) above, in which case the obligations imposed on an owner of an aircraft shall be fulfilled by the lessee of such aircraft.
- The Aruba legal system provides for strong security rights that can be placed on the aircraft and on the shares of the special purpose vehicle, for loans granted by financial institutions.
- If structured properly, the registration, finance and lease of an aircraft with an offshore operation will not be taxed in Aruba. This zero taxation means amongst others, no turnover taxes, no corporate income taxes and no withholding taxes.
- Speedy, Efficient and consistent Services.
- Dedicated ongoing compliance support.