According to Article 70 of the Turkish Civil Aviation Law, a “mortgage may be created for an aircraft subject to an agreement between the owner and the creditors. It is conditional that those mortgage-related contracts shall be executed in writing and that the signatures should be verified and certified by a notary public.”
To obtain the mortgage of an aircraft a contract should be executed between the necessary parties and then notarized.
Parties to an aircraft mortgage contract are the mortgagee and the mortgagor (owner of the aircraft).
After the contract is executed by the parties and notarized by the notary public, the following documents need to be completed to register the mortgage with the Turkish Civil Aircraft Registry. They must then be kept at the General Directorate of Turkish Civil Aviation (the contract may be executed in statutory form available at notaries public).
Notarized aircraft mortgage contract
A letter of request addressed to the General Directorate of Civil Aviation for the registration of the aircraft
A receipt showing that the mortgage registration fee has been paid.
When the owner of the aircraft and its operator are two different parties, a written declaration from the operator consenting to the mortgage registration.
The parties of the aircraft mortgage contract are required to submit documents to the General Directorate of Civil Aviation indicating that they are authorized to sign and execute the contract, the letter of request, and the statement of consent.
After all the documents have been completed the application can be delivered either in person or by mailing the General Directorate of Civil Aviation.
The registration application process will start when the documents are received by the General Directorate of Civil Aviation. After an application is received, the General Directorate of Civil Aviation will check the documents to see if they are complete and act accordingly. The documents will then be evaluated, and if the mortgage is accepted a registration letter will be issued and sent to the applicant and the other concerned parties. The mortgage will then be registered with the aircraft’s registry book.
In case either party requests a copy of the registration after the conclusion of the mortgage, a letter should be written to the General Directorate of Civil Aviation, making a request for it. This should describe the interest that the party requiring the registration holds in the aircraft.
Av. Hatice AKAY