Aircraft Finance
Our lawyers have strong track record in providing legal services to the aviation industry. We advise on various types of domestic and cross-border aircraft financing and other transactions, related regulatory matters, aviation litigation, reorganisation and bankruptcy.
How we can help
Our team would be pleased to:
- assist on commercial, regulatory and tax aspects of aircraft and engines delivery and sale;
advise and negotiate on all types of aircraft leases (operating or finance; dry or wet, etc), their restructuring and/or novation as well as on the security documents related thereto (such as corporate guarantees, promissory notes, etc.); - act as a local counsel in relation to multi-jurisdictional aircraft securitisations;
- support aircraft owners, lessors or operators in managing regulatory issues related to the initial aircraft registration, obtaining required aircraft documentation, (certificate of airworthiness, noise, etc.) as well as aircraft deregistration and export;
- opine on the enforceability of foreign law governed finance and security documents (secured loans, agreements on export credit-supported financings, sale and leaseback deals, aircraft mortgages or security assignments of leases and/or insurances, etc) and provide legal assistance to lenders and security trustees for the perfection of foreign law security interests in Bulgaria;
- advise and assist in the setting up and perfection of Bulgarian law security interests in aircraft or aircraft leases both as a principal collateral or “back-up” guarantees for creditors;
- work on engine leasing, swap or pooling transactions;
- take part in negotiations and work on settlements regarding aircraft or engine repossession or other aviation-related commercial disputes;
- assist in obtaining tax relief under effective double tax treaties regarding income deriving from aircraft leases or aviation financings;
- advise air operators on corporate and regulatory matters, (including corporate reorganisations, changes of control or liquidations);
- represent airlines before competent administrative authorities and court and defend their rights of access to markets outside the European Union;
represent and defend aircraft lessors and financiers in bankruptcy proceedings against local airlines or other insolvent debtors.
Key sub-areas of practice
- Aviation finance and security deals as well as other aircraft or aircraft engine transactions (mostly cross-border);
- Regulatory issues relevant to the lawful aircraft delivery, operation or export;
- Corporate and regulatory compliance of local airlines (including in reorganisation, change of control or liquidation scenarios) and defence of their rights of access to non-EU markets;
- Obtaining tax relief under double tax treaties with respect to aircraft leases or aviation financing;
- Non-judicial settlements on aircraft repossession or enforcement of other creditors’ claims under aircraft transactions;
- Aviation litigation and representation in domestic bankruptcy proceedings.