Taking security over aircraft—creation of aircraft mortgages
Produced in partnership with Norton Rose Fulbright
Taking security over aircraft—creation of aircraft mortgages

The following Banking & Finance guidance note Produced in partnership with Norton Rose Fulbright provides comprehensive and up to date legal information covering:

  • Taking security over aircraft—creation of aircraft mortgages
  • What is an aircraft mortgage?
  • What laws should govern the creation of an aircraft mortgage?
  • Creating an aircraft mortgage under English law

BREXIT: As of 31 January 2020, the UK is no longer an EU Member State, but has entered an implementation period during which it continues to be treated by the EU as a Member State for many purposes. As a third country, the UK can no longer participate in the EU’s political institutions, agencies, offices, bodies and governance structures (except to the limited extent agreed), but the UK must continue to adhere to its obligations under EU law (including EU treaties, legislation, principles and international agreements) and submit to the continuing jurisdiction of the Court of Justice of the European Union in accordance with the transitional arrangements in Part 4 of the Withdrawal Agreement. For further reading, see: Brexit—introduction to the Withdrawal Agreement. This may have an impact on the information in this Practice Note about capital adequacy. For detailed information on the on-shoring of the Capital Requirements Regulation (Regulation (EU) 575/2013), see Practice Note: Preparing for Brexit: CRR and prudential regulation—quick guide. The UK’s departure from the EU will also have an impact on the information in this Practice Note about the freedom to choose the applicable law to govern a contract. For more information, see Practice Note: Cross border considerations—checklist—Applicable law—Brexit specific.

Lenders take security in aircraft finance transactions as a means of credit-enhancement to improve the likelihood that