Isle of Man: Business Aviation Law In Europe

Last Updated: 25 April 2019
Article by Andrew Webb

The European Business Aviation Association (EBAA) is the leading organisation for operators of business aircraft in Europe. Appleby is on its Associate Members Advisory Council (AMAC) Lawyers Subcommittee.

In 2016 the AMAC Subcommittee Legal and European Affairs decided to create a guide offering an overview of the key areas of legislations applicable to business aviation throughout the main jurisdictions within Europe. Counsel Andrew Webb has provided the Isle of Man contribution and again to this second edition of the Business Aviation Law in Europe guide.

Isle of Man


1. Is your country a signatory to any of the following treaties?


2. Is there any specific information about how these conventions apply in your domestic law that you would like to share?

The Cape Town Convention 2001 was implemented in the Isle of Man with effect from 1 January 2018. The Isle of Man Applied the UK International Interests in Aircraft Equipment (Cape Town Convention) Regulations (SI 2015/92) with modifications to reflect its more creditor friendly insolvency laws. The Isle of Man has no international status as a country and conventions are only extended by the United Kingdom as contracting state after discussion between the governments of the United Kingdom and the Isle of Man.

3. Does your country apply EASA regulations?

Applied in part. The Isle of Man is not a member state of the EU.

4. In case your country is not a member state of the EU, are there any specific relationships or agreements with the EU in relation to aviation? If so, please specify them.

Yes. The Isle of Man Civil Aviation Administration (the Administration) chooses to apply certain norms and protocols of EASA. The Administration also has in place, or is negotiating, letters of understanding with European member states' national aviation authorities in respect of operating approvals issued by the authority to assist with Part-NCC compliance.


5. What are the main national laws that apply to non-commercial air transport in your country?

  • Civil Aviation Act 1982 (as extended to the Isle of Man by Order in Council)
  • Airports and Civil Aviation Act 1987
  • Air Navigation (Isle of Man) Order 2015 (an order in Council) (the ANO)

6. What are the main national laws applicable to commercial air transport in your country?

Not applicable.

7. Are there any guidelines from your national authority on non-commercial flights? If so, please specify them and explain.

Yes. The Administration has adopted the content of a UK CAA Civil Aviation Publication (UK CAA CAPs) where regulations and the instructions for continued airworthiness do not address a topic in sufficient detail for aircraft owners and their contracted organisations. The UK CAA CAPs that are currently adopted are listed on the Administration's website.


8. Which national body is in charge of supervising and regulating business aviation?

Name of CAA: Isle of Man Civil Aviation Administration

Phone: +44 1624 632358


9. If this information may be disclosed, please give the contact details of the relevant civil servants.

Name: Simon Williams, Director of Civil Aviation

Phone: +44 1624 682358


10. If available, please give the CAA website page link where relevant forms may be found.


11. Which entity is in charge of the civil aviation registry?

Name: Isle of Man Aircraft Registry (IOMAR)

Phone: +44 1624 682358


Link where forms can be found:

12. Is the registry an operator one (commercial), an owner one (non-commercial), or both?

An owner one (non-commercial).

13. Which contractual documents need to be submitted to the registry (e.g. dry lease)?

The ANO permits a registered owner to be registered as a charterer by demise and IOMAR may require production of the dry lease to evidence the same.

14. Who has the right to register aircraft on your national registry?

  • The Crown in right of the Isle of Man, the United Kingdom or any part of the United Kingdom.
  • Commonwealth citizens.
  • Nationals of any EEA state or Switzerland.
  • British protected persons.
  • Bodies incorporated in some part of the Commonwealth or having their registered office, central administration or principal place of business in a part of the Commonwealth.
  • Undertakings formed in accordance with the law of the Isle of Man, an EEA state or Switzerland and having their registered office, central administration or principal place of business within the Isle of Man, an EEA state or Switzerland.

15. Is registration equivalent to legal title?


16. Who is entitled to be mentioned on the registration certificate?

The registered owner. If an aircraft is registered by way of charterer by demise, then a statement that the aircraft is registered under article 5(3) of the ANO in the name of the charterer will appear on the registration certificate. However, only the name of the registered owner will appear on the registration certificate and the publicly available record.

17. Are mortgages or other security on aircraft registered on the same registry?


18. What security interests may be taken on an aircraft in your country? Please explain the procedures and costs to take and register such a security.

The only security interest that may be registered in the Isle of Man Register of Aircraft Mortgages is an aircraft mortgage. The aircraft mortgage may extend to any store of spare parts for that aircraft but does not otherwise include a mortgage created as a floating charge. Form 26 and a certified true copy of the mortgage must be submitted, both of which can be submitted by email. The fee for registering a mortgage is £425.

The mortgagee can also enter a priority notice by filing Form 25 to ensure that a contemplated mortgage has priority. A priority notice is valid for 14 working days and the fee for filing is £150. Mortgage services are carried out on request and are ordinarily completed on the day of submission.

19. Does your civil aviation authority authorise the operation of foreign-registered aircraft?


20. What are the conditions requested from a foreign operator (holding an AOC in another country) to operate an aircraft registered in your national registry?

Not applicable.

21. How does the aircraft deregistration process work? Please describe the classical deregistration process.

First, it should be established whether the new state of registry requires an export certificate of airworthiness. If required, Form 10 must be filed. IOMAR advises that to process the application and survey the aircraft can take between a minimum of 10 working days and a maximum of 15 working days. There is a fee of £500 for issuing the certificate, plus the surveyor's costs for preparation, conducting the survey and their travel to and from the aircraft will be charged by IOMAR.

To deregister the aircraft, the registered owner must file Form 11 and where the registered owner is a company, an up to date list of directors. IOMAR advise that processing a deregistration application an take a maximum of two working days. There is a fee of £250 for deregistering an aircraft.

If there is a mortgage registered, Form 28 and the document of discharge must be filed. There is a fee of £300 to discharge a registered mortgage.

Once the deregistration process has been completed, the registry will send a notification to the new state of registry. More detailed guidance can be found in registry publication number 12:

22. Can an aircraft be automatically deregistered? If yes, under what circumstances?

Yes. It is standard to include in a security package a deregistration power of attorney, which grants the mortgagee the power to deregister the aircraft if an event of default occurs. However, Form 11 and if applicable, Form 10 and Form 28, would still have to be submitted.

23. If available, please give the contact details of the relevant civil servant.

Name: All applications should be submitted to the general mailbox, which is continuously monitored during office hours.

Phone: +44 1624 682358


Link where forms can be found:


24. Whare are the financing structures mainly used in your country for the financing of private jets?

Loan and mortgage.

25. What are the main security interests reqiuired by financiers to finance private aircraft?

  • Mortgage of aircraft
  • Security assignment of lease
  • Tripartite agreement (operator, registered owner as borrower, lender)

26. Are there any retention rights for unpaid debts? If so, please specify.


  • Common law liens in respect of improvements to the aircraft
  • Isle of Man airport charges
  • Contractual liens in respect of work done to the aircraft not within common law rights of lien.

27. What is the most common type of legal entity used in corporate aircraft transactions?

Limited liability company.

28. What are the requirements for incorporation for the most common type of legal entity?

  • Minimum capital requirement: None
  • Number of directors: One
  • Nationality of directors: Any
  • Location of the registered offices: Isle of Man
  • Average timing required for incorporation: Five days
  • Average costs for incorporation: £1500


29. Please highlight any legal developments, trends or peculiarity affecting the business aviation sector in your jurisdiction and not covered under the preceding points.

There is uncertainty regarding the impact Brexit will have upon the Island's aviation offering; the Isle of Man is not a member state of the EU, but has a relationship which is governed by Protocol 3 to the Act of Accession forming part of the UK's Treaty of Accession. Under Protocol 3, the Isle of Man is part of the customs territory of the Union. There is free movement of industrial and agricultural goods in trade between the Island and the Union.

In addition, a VAT regime is operated that is essentially identical to, and interlinked with, that of the UK by virtue of the Customs and Excise Agreement with the UK, so that the Isle of Man is treated as part of the European Single Market for customs and excise purposes. The extent to which the regime will change after Brexit is, as yet, unknown.

The full 2019 guide, which includes the Isle of Man chapter, can be downloaded via the link below. 

PDF Version

Originally published in the Business Aviation Law in Europe - A Practical Guide 2019  

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions