{"id":121352,"date":"2025-12-10T13:36:41","date_gmt":"2025-12-10T13:36:41","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=121352"},"modified":"2025-12-10T13:36:41","modified_gmt":"2025-12-10T13:36:41","slug":"ghana-aviation-finance-leasing","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/ghana-aviation-finance-leasing\/","title":{"rendered":"Ghana: Aviation Finance &amp; Leasing"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-121352","comparative_guide","type-comparative_guide","status-publish","hentry","guides-aviation-finance-leasing","jurisdictions-ghana"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Asiedu &#038; Yorke<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/10\/asiedu-yorke.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Asiedu &#038; Yorke<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2025\/10\/asiedu-yorke.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Aviation Finance &amp; Leasing laws and regulations applicable in Ghana<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What international aviation conventions has your jurisdiction signed and\/or ratified?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><ul>\n<li>The Protocol to amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft signed at Montreal on 4th April, 2014 \u2013 Section 36(1) &amp; First Schedule of Act 1120.<\/li>\n<li>The Convention for the Unification of Certain Rules For International Carriage by Air signed at Montreal on 28th May,1999 as modified \u2013 Section 36(2) &amp; Second and Third Schedule of Act 1120<\/li>\n<li>The Convention on International Interests in Mobile Equipment 2001 and the Protocol to the Convention on International Interests in Mobile Equipment on matters Specific to Aircraft Equipment 2001, that is the Cape Town Convention and Protocol \u2013 Section 36(4) &amp; Fourth Schedule of Act 1120<\/li>\n<li>The Convention for the Suppression of the Unlawful Seizure of Aircraft signed at the Hague on the 16th day of December 1970 \u2013 Section 26 (5) &amp; Fifth Schedule 0f Act 1120<\/li>\n<li>The Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation and the Protocol Supplementary to the Convention for the Suppression of the Unlawful Seizure of Aircraft, signed at Beijing on the 10th day of September, 2010 \u2013 Section 36(6) &amp; Sixth Schedule of Act 1120<\/li>\n<li>The Convention on Damage Caused by Foreign Aircraft to Third Parties on the Surface signed at Rome on 7th October, 1952 as amended \u2013 Section 36(7) &amp; Seventh Schedule of Act 1120<\/li>\n<li>The Convention on Compensation for Damage to Third Parties, Resulting from Acts of Unlawful Interference Involving Aircraft signed in Montreal on 2nd May, 2009 as amended \u2013 Section 36(8) &amp; Eighth Schedule of Act 1120<\/li>\n<li>The Convention on Compensation for Damage Caused by Aircraft to Third Parties signed in Montreal on 2nd May, 2009 as amended \u2013 Section 36(9) Ninth Schedule of Act 1120<\/li>\n<li>The Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 50(a)], signed at Montr\u00e9al on 6th October, 2016 \u2013 Section 36(10) &amp; Tenth Schedule of Act 1120<\/li>\n<li>The Protocol Relating to an Amendment to the Convention on International Civil Aviation [Article 56] signed at Montr\u00e9al on 6th October, 2016 \u2013 Section 36(11) &amp; Eleventh Schedule of Act 1120<\/li>\n<li>The Constitution of the African Civil Aviation Commission, adopted at the meeting of Plenipotentiaries in Dakar, Senegal on the 16th of December 2009 \u2013 Section 36(12) &amp; Twelfth Schedule of Act 1120<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If your jurisdiction has signed and ratified the Cape Town Convention: a. Which qualifying declarations (opt-in and opt-out) has your jurisdiction made under the Cape Town Convention? b. Does the Cape Town Convention take priority over conflicting national law?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><h4>a. Which qualifying declarations (opt-in and opt-out) has your jurisdiction made under the Cape Town Convention:<\/h4>\n<p>At the time of depositing its instrument of ratification, Ghana made the following qualifying declarations under the Cape Town Convention on International Interests in Mobile Equipment:<\/p>\n<ul>\n<li>Article 39(1) \u2013 Priority of Non-Consensual Rights or Interests (Opt-in Declaration):<\/li>\n<\/ul>\n<p>Ghana declared that the following categories of non-consensual rights or interests shall have priority over a registered international interest, whether in or outside insolvency proceedings:<\/p>\n<ol>\n<li>Unpaid charges and fees owed to the Ghana Civil Aviation Authority;<\/li>\n<li>Taxes, duties, levies, and statutory payments due to the Government;<\/li>\n<li>Liens of workers for payments due arising out of employment relations;<\/li>\n<li>Liens created by repairmen on goods in their possession; and<\/li>\n<li>Liens created by bailees on goods in their possession.<\/li>\n<\/ol>\n<p>This means Ghana opted to preserve these local statutory and possessory liens over registered international interests.<\/p>\n<ul>\n<li>Article 39(1)(b) \u2013 Right to Arrest or Detain Aircraft (Opt-in Declaration)<\/li>\n<\/ul>\n<p>Ghana declared that nothing in the Convention shall affect its right, or that of any State entity, intergovernmental organisation, or provider of public services, to arrest or detain an object under its laws for payment of amounts owed directly relating to the services provided in respect of that object or another object.<\/p>\n<ul>\n<li>Article 53 \u2013 Designation of Relevant Court<\/li>\n<\/ul>\n<p>Ghana declared that the High Court of the Republic of Ghana is the relevant court for the purposes of Article 1 and Chapter XII of the Convention.<\/p>\n<p>This designates the national judicial authority responsible for matters under the Convention.<\/p>\n<ul>\n<li>Article 54(2) \u2013 Remedies Without Leave of Court (Opt-in Declaration)<\/li>\n<\/ul>\n<p>Ghana declared that all remedies available to a creditor under the Convention that are not expressly required to be exercised through the court may be exercised without leave of the court.<\/p>\n<p>This facilitates self-help remedies such as repossession or deregistration without prior judicial authorization.<\/p>\n<ul>\n<li>Article 60(1) \u2013 Temporal Application (Opt-out Declaration \/ Limiting Declaration)<\/li>\n<\/ul>\n<p>Ghana declared that the Convention shall apply to pre-existing rights or interests for the purpose of determining priority\u2014including the protection of any existing priority\u2014from 1st December 2014, but subject to the provisions of the Ghana Civil Aviation Act, 2004 (Act 678).<\/p>\n<p>This effectively limits the retrospective application of the Convention to align with national legislation.<\/p>\n<h4>b. Does the Cape Town Convention take priority over conflicting national law?<\/h4>\n<p>Ghana follows a dualist legal system. This means that international treaties or conventions do not automatically take effect or take precedence over national law, upon ratification. They must first be incorporated into domestic legislation by Parliament. Consequently, the Cape Town Convention does not, in itself, take priority over conflicting national law.<\/p>\n<p>However, since the Convention and its Aircraft Protocol have been incorporated into Ghanaian law as the Fourth Schedule to Act 1120, any inconsistencies would have been reconciled during the legislative process to ensure conformity with Ghana\u2019s existing legal framework. It is therefore unlikely that any conflict would arise between the Cape Town Convention and the laws of Ghana.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Will a court uphold the choice of a foreign governing law in respect of the following contracts and if so, please also state any conditions or formality requirements to this recognition a. Lease and b. Security document (for example, mortgage)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><h4>a. Lease<\/h4>\n<p>Yes. The courts in Ghana will generally uphold the parties\u2019 choice of a foreign governing law in relation to a lease agreement, in line with the principle that parties have the freedom of contract and are bound by the terms of their contract. However, the lease or security document must not contravene any public law or statutory provision in Ghana.<\/p>\n<p>Furthermore, for the agreement to be recognised and enforceable before the courts, it must be in the English language or duly translated into English, and the applicable stamp duty must be paid.<\/p>\n<p>The law is that any instrument executed in Ghana, or relating, wheresoever executed, to any property situate or any matter or thing done or to be done in Ghana is required to be stamped and appropriate stamp duty paid in respect of the said instrument and where there is failure to pay stamp duties, the document shall not be given in evidence or be available for any purpose whatsoever in any proceedings in Ghana except in criminal proceedings.<\/p>\n<p>Where such a document has been executed outside of Ghana, it may be stamped at any time within 2 months after it has been received in Ghana.<\/p>\n<h4>b. Security document (for example, mortgage)<\/h4>\n<p>Same considerations as applied to the lease.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please confirm whether it is (i) customary and (ii) necessary to also take a local law mortgage and if so, why?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><h4>I. Customary:<\/h4>\n<p>It is not customary to take a separate local law mortgage over an aircraft that is already subject to a duly executed and registered foreign law mortgage, particularly where the foreign mortgage has been registered as an international interest under the Cape Town Convention. Ghana is a contracting state to the Convention, and its courts and the Ghana Civil Aviation Authority (\u201cGCAA\u201d) will both recognise and uphold Cape Town interests.<\/p>\n<p>That said, it is common practice, though not mandatory, for lenders to register a copy of the stamped foreign mortgage with the GCAA as a matter of prudence. This provides an additional layer of security and administrative visibility, ensuring that the GCAA is aware of the lender\u2019s security interest and may cooperate with enforcement steps without the need for court intervention in the event of default.<\/p>\n<h4>II. Necessary:<\/h4>\n<p>It is not legally necessary to take a separate Ghanaian law mortgage in order for the lender\u2019s security to be valid or enforceable in Ghana. The Cape Town Convention and the Aircraft Protocol to which Ghana has made the requisite declarations provide a legal framework for recognising and enforcing international security interests in aircraft assets.<\/p>\n<p>However, local stamping of the foreign mortgage is necessary if the mortgage is to be admissible as evidence in Ghanaian courts or registered with the GCAA. Once stamped, the particulars of the mortgage may also be registered at the Collateral Registry.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are foreign judgments recognized and enforceable by courts of your jurisdiction and if so, please also state any conditions or formality requirements to this recognition (for example, do you require a local court order confirming such recognition)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, foreign judgments are recognised and enforceable by the courts in Ghana, subject to statutory conditions and procedural requirements.<\/p>\n<p>Where the foreign judgment originates from a country with which Ghana has a reciprocal enforcement arrangement under L.I. 1575, the judgment may be recognised and enforced upon registration of the judgment in the Ghanaian High Court.<\/p>\n<p>The procedure for recognition and enforcement is by filing an Application (may be made <em>ex parte<\/em>), supported by an affidavit, exhibiting a certified copy of the foreign judgment (and an English translation if necessary). The High Court must issue an order of registration of the foreign judgment before it becomes enforceable in Ghana.<\/p>\n<p>To be recognised and enforced, the foreign judgment must satisfy the following conditions:<\/p>\n<ol>\n<li>It is final and conclusive between the parties, notwithstanding any pending appeal;<\/li>\n<li>It is for a fixed sum of money (not being taxes, fines, or penalties);<\/li>\n<li>It was delivered by a competent court in a reciprocating country;<\/li>\n<li>It was obtained in compliance with the rules of natural justice; and<\/li>\n<li>The application for registration is made within six (6) years from the date of the judgment or the final appellate decision.<\/li>\n<\/ol>\n<p>A notice of the registration of the foreign judgment must be served on the judgment-debtor personally unless the court otherwise orders.<\/p>\n<p>Where the judgment emanates from a country without reciprocity with Ghana, a fresh action must be commenced in the High Court, and the foreign judgment is tendered as evidence of the claim at trial rather than being directly enforceable.<\/p>\n<p>In all cases, local court confirmation through the registration process, or a fresh judgment, is required before a foreign judgment can be enforced in Ghana.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is your aircraft registry an owner-register (registering ownership interests) or an operator-register (registering interests as operator)? Please also state any conditions, procedural steps or formality requirements for such registration and explain how this is evidenced (for example, the issuance of a Certificate of Registration)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Ghana\u2019s aircraft registry is an Operator registry.<\/p>\n<p>For an aircraft to be accepted for registration, the following requirements will have to be fulfilled:<\/p>\n<ul>\n<li>The aircraft must not have been registered in any other State or if previously registered proof of de-registration will be required;<\/li>\n<li>Proof of ownership should be established or an appropriate agreement between the owners of the aircraft and the one in whose name the aircraft is being registered shall be provided; and<\/li>\n<li>In the case of aircraft to be operated for hire and reward, the applicant must have reached an advanced stage in the certification process for the issue of an AOC, before any application for aircraft registration will be considered for processing.<\/li>\n<\/ul>\n<p><strong>APPLICATION AND PROCESSING<\/strong><\/p>\n<p>Application for Registration of aircraft must be made on form CA 7 in duplicate and forwarded to the Director General. The applicant will be informed by the DSR if the application is acceptable;<\/p>\n<ol>\n<li>Operational and Maintenance history of the aircraft shall be provided. Checks and inspections required for the issuance of a Certificate of Airworthiness shall be carried out by Aviation Safety Inspector(s) assigned by the Director Safety Regulation;<\/li>\n<li>The assigned Inspector(s) shall inform the applicant about the requirements for the Registration of aircraft and also give the necessary guidelines.<\/li>\n<li>The Inspector shall make a search in the electronic format of Master Aircraft Register for the next sequential registration marks and assign this as provisional registration marks to the aircraft to avoid a re-issue of registration marks which have been used.<\/li>\n<li>When the applicant requests for special registration marks, the Inspector shall ensure that the marks have not been issued already and that the applicant pays the appropriate fee for the special registration marks, in addition to the prescribed registration fee and any other charges.<\/li>\n<li>The applicant shall make the aircraft available at a time and place acceptable to the Authority for such checks and inspections considered necessary. Aviation Safety Inspectors (ASIs) shall use Aircraft Registration\/ Issue of C of A form SRD\/AIR\/001 as a guide to conduct the necessary checks and inspections.<\/li>\n<li>The Inspector(s) shall ensure that all the aircraft data submitted by the applicant conform to that of the manufacturer and are correct in every detail.<\/li>\n<li>Having completed the required checks and inspections, the Inspector{s} shall submit a report with recommendations to the Director Safety Regulation (DSR) through the Head of Airworthiness.<\/li>\n<li>If all registration requirements, in accordance with the CAR have been met, and the recommendations of the Inspector{s} are acceptable to the DSR, the DSR shall submit the report to the Director General for final approval. Two copies of the Registration Certificate shall be issued for the Director-General\u2019s signature. The original of the Certificate shall be given to the applicant and the other copy put in the specific aircraft file. The Certificate of Registration shall be carried on the aircraft at all times.<\/li>\n<li>If the aircraft is not acceptable for registration based on the report and recommendations of the Inspector(s), the applicant shall be informed in writing by the DSR stating reasons why the aircraft cannot be registered in Ghana.<\/li>\n<li>The Inspector(s) shall enter all the required aircraft details in the Civil Aircraft Register and submit the Register to the Head of Airworthiness who should ensure that, all relevant aircraft data are recorded in the Register. The Register shall be kept under lock and key by the DSR.<\/li>\n<\/ol>\n<p>The Inspector shall also ensure that the electronic copy of the Register is updated. An electronic backup of the register shall be made and kept under lock and key by the DDGT. Access to the electronic format of the aircraft register is by a (Password) only.<\/p>\n<p><strong>DOCUMENTS FOR RETENTION BY GCAA<\/strong><\/p>\n<p>The following documents shall be provided by the applicant for retention by the Authority:<\/p>\n<ul>\n<li>Prior to import, a copy of the type certificate and supporting type data sheets approved by the Authority of the State of Design for acceptance by the Authority;<\/li>\n<li>Export certificate of airworthiness from the state of registry, or in the case of a new aircraft, the state of manufacture;<\/li>\n<li>Significant deviations from the approved build standard, certified by the State of Registry or State of Design. If there are no deviations from the approved build standard, a certified statement to that effect by the State of Registry;<\/li>\n<li>Noise certificate from the designed state or state of export (if required);<\/li>\n<\/ul>\n<p><strong>AIRCRAFT DOCUMENTS FOR REGISTRATION<\/strong><\/p>\n<p>When an Aircraft is registered it shall be issued with a Certificate of Registration and shall be kept permanently on a file with the following documents:<\/p>\n<ul>\n<li>Application for registration of aircraft.<\/li>\n<li>Application for issue of Certificate of Airworthiness.<\/li>\n<li>Certificate of Registration.<\/li>\n<li>Certificate of Airworthiness.<\/li>\n<li>Noise Certificate.<\/li>\n<li>Radio License.<\/li>\n<li>Certificate of FM immunity (if necessary)<\/li>\n<li>De-registration Certificate.<\/li>\n<li>Bill of Sale (Proof of ownership)<\/li>\n<li>Type Certificate Data Sheet.<\/li>\n<li>Previous 3 of 18.<\/li>\n<li>Previous 3 of 1.<\/li>\n<li>Previous Radio Licence.<\/li>\n<li>Record of Major Modifications ( if necessary)<\/li>\n<li>Weight and Balance Certificate.<\/li>\n<li>Compliance status for CPCP.<\/li>\n<li>Compliance status for ADs\/SBs.<\/li>\n<li>Compliance status for SSID.<\/li>\n<li>Life Limited Components.<\/li>\n<li>List of Avionics Equipments including RVSM and TCAS Certificates (if any).<\/li>\n<li>Test Flight Report (if necessary).<\/li>\n<li>Maintenance Release and<\/li>\n<li>Inspection Report<\/li>\n<li>Any other documents<\/li>\n<\/ul>\n<p>When GCAA first enters on its register an aircraft of a particular type and issues or validates a Certificate of Airworthiness, it shall advise the state of design that it has entered such an aircraft on its register.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is there a security document register in your jurisdiction where a mortgagee\u2019s interests will be recorded? If so, please also state any conditions, procedural steps or formality requirements for such registration and explain how this is evidenced (for example, the issuance of a certificate or official stamp on the security document)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes. In Ghana, a mortgagee\u2019s interests in respect of an aircraft can be recorded in two main registries; the Ghana Civil Aviation Authority (GCAA) Aircraft Register and the Collateral Registry at the Bank of Ghana.<\/p>\n<p><strong>(a) Registration at the Ghana Civil Aviation Authority (GCAA)<\/strong><\/p>\n<p>The GCAA maintains a Civil Aircraft Register, which also records mortgages or charges created over aircraft registered in Ghana.<\/p>\n<p>Conditions and Requirements:<\/p>\n<ol>\n<li>The mortgage must first be stamped in accordance with the Stamp Duty Act, 2005 (Act 689) at an ad valorem rate of 0.5% of the secured amount.<\/li>\n<li>After stamping, a copy of the stamped mortgage is lodged with the Director-General of the GCAA under cover of a formal application letter requesting registration.<\/li>\n<li>There are no further notarization or certification formalities, and currently no official fee is prescribed in the GCAA\u2019s schedule of charges for this process.<\/li>\n<\/ol>\n<p>Evidence of Registration:<\/p>\n<ol>\n<li>While the GCAA does not issue a separate certificate of mortgage registration, the mortgage is entered in the aircraft register and becomes part of the aircraft\u2019s permanent file.<\/li>\n<li>The registration serves as evidence of the mortgagee\u2019s recorded interest and may assist enforcement or recognition by the Authority.<\/li>\n<\/ol>\n<p><strong>(b) Registration at the Collateral Registry<\/strong><\/p>\n<p>Although not mandatory, particulars of the stamped mortgage in respect of an aircraft may also be registered at the Bank of Ghana\u2019s Collateral Registry to provide public notice of the security interest.<\/p>\n<p>The particulars are filed electronically on the Collateral Registry\u2019s platform, usually by the secured party or its agent, and the prescribed fees paid.<\/p>\n<p>Upon completion, the Registry issues an electronic certificate of registration confirming that the charge has been duly recorded, together with a unique registration number.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the effect of registration of: a. Ownership interest (for example, proof of title to third parties of ownership) b. Lease (for example, perfects the status of the Lessor under the Lease) c. Security document (for example, secures priority over later registered security). If there are any interests that could rank prior to the security document please state these<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><h4><span class=\"TextRun SCXW89338439 BCX8\" lang=\"EN\" xml:lang=\"EN\" data-contrast=\"none\"><span class=\"NormalTextRun SCXW89338439 BCX8\">a. Ownership interest (for example, proof of title to third parties of ownership)<\/span><\/span><span class=\"EOP SCXW89338439 BCX8\" data-ccp-props=\"{&quot;335559739&quot;:120,&quot;335572071&quot;:0,&quot;335572072&quot;:0,&quot;335572073&quot;:4278190080,&quot;335572075&quot;:0,&quot;335572076&quot;:0,&quot;335572077&quot;:4278190080,&quot;335572079&quot;:0,&quot;335572080&quot;:0,&quot;335572081&quot;:4278190080,&quot;335572083&quot;:0,&quot;335572084&quot;:0,&quot;335572085&quot;:4278190080,&quot;335572087&quot;:0,&quot;335572088&quot;:0,&quot;335572089&quot;:4278190080,&quot;469789798&quot;:&quot;nil&quot;,&quot;469789802&quot;:&quot;nil&quot;,&quot;469789806&quot;:&quot;nil&quot;,&quot;469789810&quot;:&quot;nil&quot;,&quot;469789814&quot;:&quot;nil&quot;}\">\u00a0<\/span><\/h4>\n<p>Registration of an aircraft with the Ghana Civil Aviation Authority (GCAA) serves as prima facie evidence of ownership and proof of title to third parties.<\/p>\n<ol>\n<li>The aircraft is entered in the Civil Aircraft Register maintained by the GCAA, and a Certificate of Registration is issued in the name of the registered owner.<\/li>\n<li>This certificate is conclusive evidence of title as against third parties, unless fraud or misrepresentation is proved.<\/li>\n<li>The registered ownership interest also establishes the nationality of the aircraft as Ghanaian under the Civil Aviation Act, 2024 (Act 1120) and associated Ghana Civil Aviation Regulations.<\/li>\n<\/ol>\n<h4>b. Lease (for example, perfects the status of the Lessor under the Lease)<\/h4>\n<p>While Ghanaian law does not require the registration of aircraft leases for validity, recording the lease with the GCAA (where applicable) or registering an international interest under the Cape Town Convention:<\/p>\n<ol>\n<li>Perfects and publicises the lessor\u2019s interest, giving it priority over unregistered or later-registered competing claims.<\/li>\n<li>In practice, when the lease is noted in the aircraft\u2019s registration file, the GCAA recognises the lessor as the party entitled to exercise operational or ownership control consistent with the lease terms.<\/li>\n<li>Under the Cape Town Convention, the registration of the international interest on the International Registry (IR) provides global priority and is enforceable in Ghana.<\/li>\n<\/ol>\n<h4>c. Security document (for example, secures priority over later registered security). If there are any interests that could rank prior to the security document please state these<\/h4>\n<p>Registration of a mortgage or other security document has the effect of protecting and evidencing the mortgagee\u2019s interest and establishing its priority over later-registered securities.<\/p>\n<ol>\n<li>A duly stamped mortgage lodged with the GCAA is entered in the aircraft register, which secures the mortgagee\u2019s interest against subsequent encumbrances.<\/li>\n<li>Optionally, the same mortgage can be registered at the Collateral Registry of the Bank of Ghana for broader public notice and perfection under Act 1052.<\/li>\n<li>Priority is determined by the date and time of registration, whether at the GCAA, Collateral Registry, or International Registry under the Cape Town Convention.<\/li>\n<\/ol>\n<h4>d. Interests That May Rank Prior<\/h4>\n<p>The following interests may rank ahead of a registered mortgage or security interest in Ghana:<\/p>\n<ol>\n<li>Statutory liens or non-consensual rights recognised under Article 39(1) of Ghana\u2019s declarations under the Cape Town Convention, including:<br \/>\n&#8211; Unpaid airport and navigation charges owed to the GCAA;<br \/>\n&#8211; Taxes, duties, or other public charges due to the Government of Ghana; and<br \/>\n&#8211; Possessory liens for unpaid repairs or storage costs.<\/li>\n<li>Any prior-registered international interest under the Cape Town International Registry.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What types of lease are recognized in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Ghanaian law, there is no restriction on the types of aircraft leases that may be entered into. Accordingly, dry, wet, and damp leases are recognised, consistent with international aviation practice. There is no prescribed form for a lease; however, to be enforceable it must be in English, stamped, and contain the names and addresses of the parties, the rent or consideration, and the term of the lease. A stamped copy should be filed and noted in the Civil Aircraft Register to give notice of the parties\u2019 respective interests.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What formalities are required to perfect Lessor\u2019s rights under a lease in your jurisdiction (for example, translation, notarization, apostille, legalization etc.)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>To perfect the Lessor\u2019s rights under a lease in Ghana, the lease agreement must be in English and the requisite stamp duty paid. There is no prescribed form for the lease, but it must state the names and addresses of the Lessor and Lessee (or their authorised signatories), the rent or consideration, and the term of the lease.<\/p>\n<p>A stamped copy of the lease must be filed and noted in the Civil Aircraft Register to give notice of the respective interests of the parties. Once filed, the Lessor\u2019s rights under the lease are perfected and enforceable against third parties.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are the ownership rights relating to engines recognized as separate and distinct from the ownership of the rest of the aircraft in your jurisdiction? Please highlight any separate registration, filing or additional formalities that are required to be completed to perfect Lessor\u2019s interest in the engines<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is currently no separate registration system in Ghana for recording title or interests in aircraft engines independent of the aircraft itself. Accordingly, no additional filings or perfection formalities are required to perfect a lessor\u2019s interest in engines beyond the contractual documentation and, where applicable, registration of any international interest under the Cape Town Convention.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What form does security over aircraft generally take in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Ghana, security over aircraft typically takes the form of a mortgage, charge, security interest or lien created over the aircraft or over aircraft parts, by the owner or operator, in favour of a lender, lessor or financier. Under the Civil Aviation Authority (GCAA) Regulations, 1996 (L.I. 1617), the register of aircraft is required to record \u201cevery person who is entitled, as owner, to a legal interest in the aircraft \u2026 or a share therein.\u201d<\/p>\n<p>It usually requires the execution of a written security agreement (mortgage\/charge) identifying the aircraft (by registration mark, serial number, constructor, etc.), the parties, and the secured obligations (loan, lease liabilities, etc.). For enforceability and priority against third parties, registration of the security with the GCAA or the Collateral Registry is necessary.<\/p>\n<p>Ghanaian law provides for some rights for attachment of a lien on an aircraft owned by a non-Ghanaian party but under lease with the Ghanaian party for debt incurred by the lessee. The lien could either be a contractual lien or a statutory lien. The kind of debt of the lessee that could create a lien over the aircraft are, for example, claims for cost of repairs carried out on the aircraft, and outstanding duties, taxes or liens owed to the GCAA.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any particular terms or characteristics that such a security document must take (for instance, a cap on the secured liabilities)?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Ghana there are no statutory requirements imposing a cap on the secured liabilities in a mortgage or charge over an aircraft or aircraft-asset.<\/p>\n<p>However, certain practical and regulatory characteristics should be observed:<\/p>\n<ul>\n<li>The security document should clearly identify the aircraft (make, model, serial number, registration mark) and the parties (owner\/borrower; lender\/mortgagee). For example, the GCAA\u2019s registration regulation requires that the register include the \u201cname and address of every person who is entitled, as owner, to a legal interest in the aircraft \u2026 or a share therein\u201d.<\/li>\n<li>The documentation should be in English, or translated into English.<\/li>\n<li>Proper execution and stamping: The instrument must comply with applicable stamp duty\/registration fee requirements in Ghana, and should be executed by the parties.<\/li>\n<\/ul>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any perfection requirements for such security document? If so, please state any conditions, procedural steps, formality requirements or documentation (for example, corporates, list of directors etc.) required to effect this<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Ghana, there are a number of formalities and procedural steps that must be followed in order to perfect and protect a security interest over an aircraft so as to maximise priority and enforceability against third parties. Key requirements include:<\/p>\n<ul>\n<li>Registration\/notice with the GCAA register: Under the Civil Aviation Regulations (L.I. 1617) the register must include persons entitled to a legal interest in the aircraft, including mortgagees.<br \/>\n&#8211; Accordingly, when a mortgage\/charge is created, the security holder should ensure that the aircraft register reflects that interest or at least that the GCAA is notified so as to prevent deregistration or cancellation without mortgagee consent.<\/li>\n<li>If the mortgagor is a Ghanaian company, the security interest should be registered under the Companies Act, 2019 (Act 992) as a \u201ccharge\u201d within 45 days of creation. Failure to do so may affect the priority of the charge against liquidators or creditors.<\/li>\n<li>Collateral Registry registration: Registration at the Collateral Registry is prudent for security interests in movable property because it affects priority against third parties.<\/li>\n<li>Stamp duty\/fees: The mortgage\/security document must be properly stamped where required, and any prescribed fees paid.<\/li>\n<li>Notice to third parties: While Ghanaian law does not require that the security interest be registered in the aircraft register to be effective between the parties, registration\/notice enhances enforceability and priority against third-party purchasers or transferees.<\/li>\n<\/ul>\n<p><strong>Summary of steps:<\/strong><\/p>\n<ol>\n<li>Execute the security agreement (mortgage\/charge) in writing, identify the aircraft, obligations and parties, duly signed and stamped.<\/li>\n<li>Ensure corporate approvals (board\/shareholder resolutions) of the mortgagor.<\/li>\n<li>Notify\/register the security interest with the GCAA aircraft register (or ensure the register reflects the interest).<\/li>\n<li>For Ghanaian company mortgagor, register the charge under the Companies Act with the Registrar of Companies.<\/li>\n<li>Where advisable, register (or note) the security at the Collateral Registry to enhance priority.<\/li>\n<li>Ensure all fees\/registration\/stamp duty are paid.<\/li>\n<li>Maintain appropriate documentation (certified copies of registration, notices, corporate resolutions, evidence of stamping, etc.).<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Summarize any captive insurance regime in your jurisdiction as applicable to aviation.<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Ghana does not currently have a captive insurance regime specifically applicable to the aviation sector. The insurance provisions under the GCAA Act, 2024 (Act 1120) require every aircraft flying into or out of Ghana to have in force a valid certificate of insurance issued by an authorised insurer (that is a person or body of persons that is legally permitted and approved to issue insurance policies covering aviation risks).<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are cut-through clauses under the insurance and reinsurance documentation legally effective in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Ghanaian law, there is no express statutory provision governing such clauses. However, nothing prohibits parties from contractually requiring the reinsurer to pay proceeds directly to the insured.<\/p>\n<p>Generally, Ghanaian courts respect the principle of sanctity of contracts. Therefore, cut-through clauses as described above are likely to be legally effective and enforceable.<\/p>\n<p>The clause must be clearly drafted to show this intent and accepted by all parties. Enforceability will still depend on compliance with general contract law and regulatory requirements.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there minimum requirements for the amount of third-party liability cover that must be in place in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The law mandates all aircrafts flown into or out of Ghana to be insured with an authorised insurer approved by the GCAA. The law, however, is silent on the minimum level of third-party liability cover required.<\/p>\n<p>In addition, Article 50 of the Montreal Convention (incorporated into the Ghana Civil Aviation Authority Act, 2024 (Act 1120) mandates Ghana to require carriers to maintain adequate insurance covering their liability under the Convention.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can a mortgagee (or equivalent security interest holder) or lessor following an event of default under a mortgage (or equivalent security document) or lease, respectively, take possession of the aircraft without judicial intervention in your jurisdiction? Please also state any conditions, procedural steps, formality requirements or documentation (for example, original, legalized, translated Lease\/Mortgage, corporates etc.) required to effect this<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Mortgages relating to interests in aircraft are governed by the Ghana Civil Aviation Authority (GCAA) Act, 2024 (Act 1120). Aircrafts are also recognised as security interests under the Borrowers and Lenders Act, 2020 (Act 1052). A party can seek self-help remedies such as physically seizing and exporting the aircraft without recourse to the Ghanaian courts, with the intervention of the \u2018GCAA\u2019 in the event of a default. The mortgage deed\/agreement must be stamped and registered for the GCAA to intervene. The collateral must also be registered with GCAA.<\/p>\n<p>The mortgage must be stamped and ad valorem tax paid, after which the mortgage must be registered with the GCAA. It may also be registered under the Collateral Registry.<\/p>\n<p>In the event of default, a mortgagee is entitled to sell a mortgaged aircraft prior to judgment being given. The procedure for selling a mortgaged aircraft is as follows:<\/p>\n<ol>\n<li>The mortgagee shall give reasonable prior notice in writing of the proposed sale to:<br \/>\na. Interested persons specified in Article 1(z)(i) and (ii) of the Cape Town Convention;<br \/>\nb. Interested persons specified in Article 1(z)(iii) who have given notice of their rights to the mortgagee within a reasonable time prior to the sale<\/li>\n<li>A mortgagee giving 10 or more working days\u2019 prior notice of a proposed sale to interested persons shall be deemed to satisfy the requirement of providing \u201creasonable prior notice\u201d.<\/li>\n<li>Any sum collected by the mortgagee as a result of the sale shall be applied towards discharge of the amount of the secured obligations.<\/li>\n<\/ol>\n<p><strong>Leases<\/strong><\/p>\n<p>For leases, seeking a repossession without judicial intervention is governed by two (2) ways, namely; the lease agreement and the provisions under the GCAA.<\/p>\n<p>Primarily, the lessor must ensure that the following terms are spelt out in the lease agreement prior to execution:<\/p>\n<ul>\n<li>terms that will aid and facilitate self-help and exportation of the aircraft.<\/li>\n<li>Terms relating to events of default that can result in termination of the lease are clearly spelt out, listed and identified.<\/li>\n<li>Terms relating to the time period for giving notice of the default on both the defaulting party and the third parties are spelt out clearly. The agreement shall state the effect of the notices stating default being sent to the defaulting party.<\/li>\n<\/ul>\n<p>Where the lessor seeks to repossess the aircraft in the event of a default, they may exercise remedies such as exporting or physically seizing the aircraft provided that these are expressly stated in the lease agreement and are done in a peaceful manner. In addition to these, if the lessor wants the GCAA to de-register the aircraft for the lessor to obtain all necessary clearance for repossession and exportation, the lessor must do the following:<\/p>\n<ul>\n<li>Execute and register a De-Registration Power of Attorney (DPOA) at the GCAA;<\/li>\n<li>Execute and register an Irrevocable De-Registration and Export Request Authorisation (IDERA) at the GCAA;<\/li>\n<li>Rely on clauses in the agreement that allow and aid facilitation of self-help and exportation.<\/li>\n<\/ul>\n<p>In sum, a lot of premium is put on the lease agreement and repossession without judicial intervention will only be successful if the lease agreement is clear on the default terms.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How can a mortgagee (or equivalent security interest holder), lessor under a lease or designee\/beneficiary of an IDERA deregister the aircraft? Please also state any conditions, procedural steps, formality requirements or documentation (for example, original, legalized, translated Lease\/Mortgage\/IDERA etc.) required to effect this<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under Ghanaian law, deregistration is done in accordance with GCAA Advisory Circulars and ICAO standards. The applicant, mortgagee or lessor under a lease must submit a written application requesting for the de-registration of an aircraft. This application must be accompanied by documents such as the ID of the aircraft, the certificate of registration, insurance documents and proof of ownership. The applicant may also need to submit the registered mortgage and the consent of the mortgagee in the case where the aircraft is a subject of a mortgage.<\/p>\n<p>At the point of submitting the application for registration of the aircraft, the IDERA should be forwarded with a cover letter to the GCAA. The DPOA should also be registered at this time.<\/p>\n<p>To facilitate a smooth de-registration, all outstanding debts, duties, taxes, liens, etc. owed on the aircraft by the lessee to the GCAA must be paid. GCAA may prevent a lessor from repossessing an aircraft because of such outstanding debt.<\/p>\n<p>The lease must state terms clearly relating to repossession and must be stamped and registered with the GCAA.<\/p>\n<p>The above documents must be in English.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the government or the lessee lawfully prevent the repossession or deregistration and if so, in what circumstances<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p><strong>Lessee Intervention<\/strong><\/p>\n<ol>\n<li>CONTRACT TERMS: The terms of a lease agreement may enable a lessee to prevent repossession and de-registration in situations where <em>force majeure<\/em> clauses are invoked or in situations where the lessor is unjustifiably attempting to repossess or de-register the aircraft which is the subject matter of the lease agreement. It is incumbent on the lessor to ensure that the agreement provides certain protections that are enforceable.<\/li>\n<li>LEGAL AND\/OR BENEFICIAL INTEREST: If the lessee can assert a legal or equitable interest in the aircraft, repossession or de-registration can be prevented from happening<\/li>\n<\/ol>\n<p>Where applicable, an applicant can seek court orders to stop repossession or de-registration and claims can be made by the lessee to that effect.<\/p>\n<p><strong>Government Intervention\u00a0<\/strong><\/p>\n<p>The Government, acting through the GCAA, Ghana Revenue Authority (GRA) or other Government body, may lawfully prevent the de-registration or repossession of the aircraft in limited circumstances.<\/p>\n<p>As noted above, these circumstances include taxes owed on the aircraft by the lessee to the GRA on behalf of the Government, debts owed by lessee to GCAA, etc.<\/p>\n<p>Yes, a lessor can be prevented by local air authorities from repossessing an aircraft because of an outstanding debt of the lessee to the air authority (whether or not such debt creates a lien over the aircraft) (e.g. if the lessee had failed to pay landing fees at the local airport) or because of any other outstanding lien over the aircraft. For instance, deregistration would not be allowed if\/while there are outstanding duties, taxes or liens owed to the GCAA on the aircraft.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If judicial intervention is required, please describe the process? Please also state any procedural steps, length of time to complete and advise as to documentation required<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Judicial intervention in repossession and\/or de-registration is recognised under the Ghana Civil Aviation Authority Act. The Act defines a court as a court of competent jurisdiction.<\/p>\n<p>If a lessor is unable to enforce a right of possession in a peaceably, he may obtain the warrant of the Court and accordingly use the services of the police to evict the lessee or any other person in possession.<\/p>\n<p>The lessor will be required to give contractual and statutory notices to the lessee. The lessor may apply to arrest the aircraft, apply for interim injunction, apply for summary judgement to recover outstanding payments and to retrieve the aircraft.<\/p>\n<p>The lessor may seek expedited proceedings. The lessor may apply to arrest the aircraft pending the provision of a valid and adequate security to cover the lessor\u2019s claim; apply for interim injunction; or apply for summary judgement to recover outstanding payments and to retrieve the aircraft.<\/p>\n<p>Subject to the above, judicial intervention procedure requires that a person aggrieved by an action of another person under any issues relating to aviation, may institute an action in the High Court and seek the reliefs as they may apply. For reliefs relating to repossession and \/or de-registration, a person may issue a writ accompanied by a statement of claim and endorse the same with the necessary reliefs. A writ accompanied by a statement of claim issued must be served personally on the defendant. After which, the defendant has eight (8) days within which to file an entry of appearance which ordinarily signifies that the person has entered the suit. The defendant may thereafter file a statement of defence which is a response to the allegations in the statement of Claim within 14 days after filing their appearance. A plaintiff who has been served with a statement of defence may file a reply if required. The parties then decide on the issues for trial and file witness statements which will contain all evidence that will be used to support their claims at trial. After the filing of witness statements, trial commences. After trial ends, the parties can elect to file written addresses, which is a comprehensive breakdown of all that happened at trial and a breakdown of the evidence presented by both parties. The actual timeline of a trial cannot be determined but the courts have a duty to ensure expeditious and speedy trials. The courts can aid parties by referring them to court connected ADR if the courts believe that the parties may be able to reach an amicable settlement.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How is legal title transferred under the laws of your jurisdiction? Please also state any conditions, procedural steps, formality requirements or documentation (for example, corporates etc.) required to effect this<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Legal title in the aircraft may be transferred by either through a lease (if it contains an option to purchase) or contract of sale. Following the execution of either lease or contract of sale, the aircraft must be formally de-registered. Both old and new owners must submit a completed application for change of ownership. The details of the old and new owners shall be stated. The nationality and contact details of the new model will also have to be stated. The make, model and registration number of the aircraft will also have to be stated with the new intended purpose of the aircraft. The new owner will have to provide their identity card (Ghana Card) details if they are a natural person or their certificate of incorporation or registration if they are an entity.<\/p>\n<p>The new owner may subsequently re-register the aircraft.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on the sale of an aircraft following enforcement (for example, the requirement to obtain a court order or conduct a public auction or other action in order to sell the aircraft upon enforcement)<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the Fourth Schedule (incorporating the Cape Town Convention) to the GCAA Act, 2024 imposes a requirement to give reasonable notice in writing of the proposed sale to interested persons specified in Article 1(z)(i)[debtor] and (ii)[guarantor], and 1(z)(iii)[any other persons having rights over the aircraft object] who have notice of their rights to the chargee within a reasonable time prior to the sale or lease.<\/p>\n<p>The law recognises that a chargee giving a period of ten or more working days notice in writing to interested persons of a proposed sale or lease, satisfies the requirement of reasonable notice.<\/p>\n<p>Article 12(1)(b) of the Cape Town Convention entitles the chargee to sell the aircraft. Subject to the above restrictions, the aircraft can be sold following enforcement. Any sums realised shall be applied towards the discharge of the amount of the secured obligations.<\/p>\n<p>Ghana has made a declaration under the Cape Town Convention confirming that the chargee or creditor may exercise the remedy of selling the aircraft without resorting to court action.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Would lease rentals be subject to tax (for example, withholding or income tax)? Please also state if there are any conditions for such tax to be imposed and any steps usually taken to mitigate this<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Lease rentals would be subject to tax. The Income Tax Act, 2015 (Act 896) requires the lessee to withhold tax from the lease rental at the rate of 15% of the lease rental payment sum. Rent is defined to include the payment, including a payment of a premium or like amount, for the use of or right to use property including equipment of any kind.16 Since an aircraft falls within the definition of property, it shall come under income tax obtained from investment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Would a sale of an aircraft in your jurisdiction incur sales tax? Please also provide details of amount or calculation and any steps usually taken to mitigate this<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There are no explicit provisions in the laws imposing the payment of sales tax on the sale of any aircraft. However, where the sale of an aircraft results in a gain, then the seller must pay Capital Gains Tax. The tax is calculated on the amount by which the selling price received exceeds the cost of the aircraft. Where an individual sells the aircraft, tax is assessed at 15% of the gain made on the sale of the aircraft. Where a company sells the aircraft, the gain on the sale is added to the company\u2019s receipts and any net profits are taxed accordingly at the general corporate income tax rate of 25%. The following are other taxes that may be imposed on the sale of the aircraft:<\/p>\n<ul>\n<li>National Health Insurance Levy (NHIL)- 2.5% on the amount the aircraft will be sold for.<\/li>\n<li>Ghana Education Trust Fund (Getfund) Levy- 2.5% on the amount the aircraft will be sold for.<\/li>\n<li>Covid levy &#8211; 1% of the amount the aircraft will be sold for.<\/li>\n<li>Value Added Tax- 15%. This is 15% of the sum between the amount the aircraft is being sold for and the values obtained by adding the NHIL, Covid Levy and GETFund Levy to the amount the aircraft is being sold for.<\/li>\n<\/ul>\n<p>Please note that in the 2026 Budget reading to Parliament on 13 November 2025 the Government announced plans to scrap the Covid Levy.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any restrictions on the import or export of aircraft in your jurisdiction and would such importation or exportation incur any liability as to customs or taxes? Please also state if any consents or approvals are required and the procedural steps taken to obtain these, and any procedural steps or formality requirements to mitigate any taxes<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Under the ECOWAS Common External Tariff, an import duty of 5% will be imposed on the aircraft as it is likely to be classed under capital goods. Additional taxes are Value Added Tax, National Health Insurance Levy, Ghana Education Trust Fund, Import Excise Duty, Examination Fee, African Union Levy, ECOWAS Levy, Processing fee, Special Import Levy, Import Levy, Interest charge &amp; State Warehouse Rent.<\/p>\n<p>Restrictions which apply include obtaining a permit from the GCAA.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any foreign exchange restrictions on transfers of funds<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Although no approvals are required in Ghana to enable the lessee remit US Dollars to the lessor, the requirement, at the moment, is that the remittance must be done through a commercial bank and supported by documentation. In this case the documentation would be the lease agreement and any associated documents.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How successful have foreign creditors and lessors been in enforcing their security and lessor rights over and successfully repossessing aircraft in a timely manner?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no data keeping system to determine whether foreign creditors and lessors have been successful in asserting their rights and repossessing an aircraft in a timely manner.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What government led reforms affecting creditor and lessor rights are currently underway in the aviation sector in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no readily available information on any reforms affecting creditor and lessor rights in the aviation sector.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please describe any interesting legal development in your jurisdiction (for instance, decided court cases or arbitral awards) which affect creditor and lessor rights?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no readily available information on any developments affecting creditor and lessor rights in the aviation sector.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Please discuss any relevant governmental regulations implemented in your country to help alleviate the financial and other difficulties faced by airlines in your jurisdiction caused by CoVid 19 and whether that will impact rights of lessors (who lease aircraft to the airlines) and lenders (who finance such aircraft which are mortgaged in favour of the lenders)? Are such governmental regulations expected to be in place until the difficulties faced by airlines caused by the CoVid 19 subside or are they more long term?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>There is no readily available information on any considerations for the Aviation industry caused by COVID -19.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">8078<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/121352","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=121352"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}