Administration of Estates Act, 1965
R 385
Civil Aviation Act, 2009 (Act No. 13 of 2009)RegulationsCivil Aviation Regulations, 2011Part 47 : Registration and MarkingSubpart 2 : Registration of Aircraft47.02.6 Change of ownership |
| (1) | If the holder of a certificate of registration transfers ownership of the aircraft specified in the certificate, such holder shall, within 30 days from the date of transfer notify the Director in the appropriate prescribed form. |
| (2) | If the holder in whose name the aircraft is registered— |
| (a) | is an individual and has died, the notification referred to in subregulation (1) shall be accompanied by a certified copy of the letter of executorship issued in terms of the Administration of Estates Act, 1965 (Act No. 24 of 1936); |
| (b) | is an individual and the estate of such holder is sequestrated, the notification referred to in subregulation (1) shall be accompanied by a certified copy of the certificate of appointment issued in terms of the Insolvency Act, 1936 (Act No. 24 of 1936); |
| (c) | is a company or a close corporation and such holder is liquidated, the notification referred to in subregulation (1) shall be accompanied by a certified copy of the certificate of appointment issued in terms of the Companies Act, 2008, or the Close Corporations Act, 1984, as the case may be. |
| (3) | In the case where the aircraft is repossessed by a financing entity, the notification referred to in subregulation (1) shall be accompanied by a certified copy of— |
| (a) | a finance agreement between the holders of the certificate of registration and the financier; |
| (b) | a resolution by the financier authorizing transfer of ownership of the aircraft; |
| (c) | an identity document of the authorised representative of the financier; and |
(d)
| (i) | a court order authorizing the transfer of ownership; or |
| (ii) | a voluntary surrender of ownership by the registered owner. |
| (4) | An application for registration of an aircraft by the person, to whom the ownership of the aircraft is transferred, shall be made in terms of regulation 47.02.1 within 30 days from the date of transfer. |
| (5) | A certificate of registration shall no longer be valid from the 31st day after the date on which the holder of the certificate of registration has transferred to another person ownership of the aircraft. |
| (6) | From the date on which a certificate of registration has become invalid in terms of subregulation (5), no person shall use the aircraft specified in the certificate until such time as the aircraft is registered in the name of the person to whom ownership of the aircraft is transferred |
