Aviation is one of the most highly regulated industries in the world. Our aviation attorneys are experienced in handling a range of issues having to do with aviation administration and civil aviation regulations, including:
• Export and Import Control
• Aircraft accident and aircraft incident investigations.
• Administrative litigation and appeals.
• Regulatory certification.
• Regulatory appeals.
• Airplane safety and compliance audits.
• ANAC Regulations and Compliance.
• Voluntary Disclosures / Self Disclosures.
• Representation of pilot, mechanics, air carriers, repair stations, maintenance facilities and air agencies.
Our aviation law clients include international, national, and regional airlines; air taxis; commercial tour operators; air ambulance services; commercial and private pilots; aircraft maintenance / repair / overhaul facilities; mechanics; and product manufacturers.
We guide our clients through aircraft purchase and sale transactions, addressing such important issues as:
• Aircraft title and historical records search
• Pre-purchase inspection
• Nationality and registration
• Establishment of escrow
• Closing and delivery
• Foreign ownership
• Ownership trusts
• Assumption of liabilities
• Hull and liability insurance
• Sales and use tax
• Transactions and structure ownership to optimize tax treatment to aircraft owners.
• Aircraft service and maintenance agreements.
• Mechanics liens and mortgages.
• Registration and de-registration matters.
• Aircraft management agreements
• Charter and lease agreements
• Maintenance agreements
• Contracts for use of aircrafts
We have also been called upon for the enforcement and foreclosure of mechanics liens involving aircraft, and we handle registrations and de-registrations for aircraft.
At our law offices, we provide timely strategic and cost-effective assistance for aviation clients involved in commercial transactions. Our aviation attorneys handle all aviation business transactions including:
• Aircraft purchase and aircraft lease agreements
• Corporate aviation
• Buy-sell agreements
• Service agreements
• Maintenance agreements
• Aircraft lease agreements
• Hangar lease agreements
• Aircraft partnership agreements
• Airport use agreements
• Debt restructuring negotiations and agreements
• Due Diligence
• Aviation Company Acquisition
The acquisition, sale, lease and utilization of a business aircraft require a multi-faceted analysis addressing a legal, regulatory, tax, and operational and financial considerations.
The competent and thorough negotiation, drafting and execution of legal instruments such as memorandum of understanding, aircraft purchase agreements, leases and charter management agreements are of critical importance in all aircraft transactions.
We have extensive experience in the documentation and successful implementation of aircraft transactions and structures to ensure legal, tax and regulatory compliance.
We provide legal services relative to the registration of aircraft with the National Civil Aviation Administration and the National Registry and also provide advice to its clients regarding the operation of their aircraft.
• Aviation Ownership and Operation Structuring
• Business and Ownership Entity Formation
• Joint Use / Fractional Ownership / Time Shares Ground Handling Agreements.
Risk management is a complex and significant issue for any aircraft owner or operator. Any individual and private company or public company considering acquiring or operating an aircraft should consult with us about a risk management strategy.
We assist clients on ownership and registration structure to ensure that the transaction complies with the citizenship and registration requirements of the National Regulations.
The attorneys in our corporate division worked closely with those in our aviation division to conduct the due diligence and to establish the corporate structure and financing necessary to help one of our clients to acquire an aviation company through an asset purchase arrangement. We handled all aspects of the transaction including designing the structure of the transaction, entity formation, asset protection, compliance with all ANAC regulations, and millions of dollars in financing to bring the deal to a successful conclusion.
We regularly liaise with technical consultants, pilots, aircraft broker, tax advisors, lenders and financial advisors to optimize each respective aviation transaction, examination of ANAC, records advising the parties as to the status of title, liens and encumbrances at the Aircraft National Registry, preparing and obtaining “curative” documents to correct any defects in the ANAC records, assisting and advising clients on the structure of a transaction and its compliance with the National Regulations, reviewing documents in the drafting process to ensure the documents comply with the National Regulations and the practices and procedures of the ANAC Registry, acting as escrow agent for the parties to a transaction, and coordinating and conducting the closing of a transaction, including filing all relevant documents
We handle a number of airport or heliport related issues:
• Ground and Rooftop Heliports projects
• Ground and Rooftop Heliports construction and certification
• Airport zoning
• Through the fence agreements
• Construction of hangar and fuel facilities
• Airport leases, subleases and licenses
• Aircraft storage and tie-down
• On-airport competition
• Helicopter Platform construction and certification
• Hangar Lease Agreements
• Title, liens, and Security Interests
• Acquisition and Disposition Planning Purchase and Sale Agreements
Aircraft accidents and incidents need to be reported to the National and Legal Authorities. Product failures may also need to be reported. Manufacturers, air carriers and aircraft operators may want to take advantage of various self-reporting programs, which may preclude the imposition of governmental penalties.
While the authorities and operators' insurance carriers have certain aircraft mishap investigation responsibilities, this does not and should not preclude those involved in mishaps from undertaking their own investigations. Oftentimes, governmental investigations fail to examine all causative factors and may product findings that are in error.
We assist our clients in these investigations not only representing them before the authorities, but in establishing an emergency response and investigation protocol for the purpose of ascertaining the cause and maintaining the protections afforded by the attorney client privilege and the attorney work product doctrine.