The Federal Aviation Regulations governing the registration of aircraft and the recording of conveyances in the United States are found at 14 C.F.R. Parts 45, 47 and 49 (the "Regulations"). The Regulations have been established by the FAA to carry out the provisions and requirements of the Act. The procedure for recording interests in U.S. registered aircraft is set out in ?????? 44107 and 44108 of the Act, and Part 49 of the Regulations.
Until a conveyance, lease, or instrument executed for security purposes which may be recorded under ??? 44107(a)(1) or (2) has been filed with the FAA, it is valid only against the parties to the instrument and individuals and entities who have actual knowledge of the instrument. Therefore, the interests of the parties to a transaction, including purchasers, lessor, lessees and secured parties, are not perfected until the instruments creating those interests have been filed with the FAA.
Title: Tennessee Security Agreement Regarding Aircraft and Equipment: A Comprehensive Overview Introduction: The Tennessee Security Agreement Regarding Aircraft and Equipment is a legally binding contract that establishes a debtor-creditor relationship pertaining to the lateralization of aircraft and related equipment in Tennessee. This article provides a detailed description of this agreement, including its purpose, key components, and any variations present within the Tennessee jurisdiction. Key Terms and Components: 1. Collateral: In this agreement, the collateral refers to the aircraft and any associated equipment serving as security for the repayment of a debt. It is essential for debtors and creditors to precisely identify and describe the collateral in the security agreement. 2. Debtor: The debtor is the party that grants a security interest in the aircraft and equipment to a creditor. By entering into this agreement, the debtor consents to the creditor's right to seize and sell the collateral in case of default on the underlying debt. 3. Creditor: The creditor is the party to whom the security interest is granted by the debtor. The creditor may be a financial institution, lender, or any party extending credit or advancing funds to the debtor, usually with an interest in protecting their investment. 4. Security Interest: This refers to the rights and privileges granted to the creditor in the collateral. The Tennessee Security Agreement Regarding Aircraft and Equipment allows the creditor to stake a claim on the aircraft and equipment until the debt is repaid or satisfied. Types of Tennessee Security Agreements Regarding Aircraft and Equipment: While there are no multiple variations exclusive to Tennessee in terms of security agreements regarding aircraft and equipment, it's important to note that different types of security agreements may exist within the broader legal framework: 1. Chattel Mortgage: This type of security agreement involves granting a security interest in movable collateral, such as aircraft and equipment. It establishes a lien on the collateral, allowing the creditor to seize and sell it upon default. 2. Conditional Sales Contract: Upon entering into this agreement, ownership of the aircraft and equipment is initially retained by the seller (creditor), with transfer occurring only upon successful fulfillment of specified conditions. Failure to meet these conditions gives the creditor the right to reclaim the collateral. 3. Fixture Filing: In cases where the aircraft and equipment are attached to real property (land/building), a fixture filing is necessary. This establishes the creditor's security interest in the fixtures, ensuring its priority over potential conflicting claims. Conclusion: The Tennessee Security Agreement Regarding Aircraft and Equipment serves as an important legal instrument to protect creditors' interests in collateralized assets. By understanding the key components and variations that may exist within this agreement, debtors and creditors can protect their rights while fostering a secure financial environment in Tennessee.
Title: Tennessee Security Agreement Regarding Aircraft and Equipment: A Comprehensive Overview Introduction: The Tennessee Security Agreement Regarding Aircraft and Equipment is a legally binding contract that establishes a debtor-creditor relationship pertaining to the lateralization of aircraft and related equipment in Tennessee. This article provides a detailed description of this agreement, including its purpose, key components, and any variations present within the Tennessee jurisdiction. Key Terms and Components: 1. Collateral: In this agreement, the collateral refers to the aircraft and any associated equipment serving as security for the repayment of a debt. It is essential for debtors and creditors to precisely identify and describe the collateral in the security agreement. 2. Debtor: The debtor is the party that grants a security interest in the aircraft and equipment to a creditor. By entering into this agreement, the debtor consents to the creditor's right to seize and sell the collateral in case of default on the underlying debt. 3. Creditor: The creditor is the party to whom the security interest is granted by the debtor. The creditor may be a financial institution, lender, or any party extending credit or advancing funds to the debtor, usually with an interest in protecting their investment. 4. Security Interest: This refers to the rights and privileges granted to the creditor in the collateral. The Tennessee Security Agreement Regarding Aircraft and Equipment allows the creditor to stake a claim on the aircraft and equipment until the debt is repaid or satisfied. Types of Tennessee Security Agreements Regarding Aircraft and Equipment: While there are no multiple variations exclusive to Tennessee in terms of security agreements regarding aircraft and equipment, it's important to note that different types of security agreements may exist within the broader legal framework: 1. Chattel Mortgage: This type of security agreement involves granting a security interest in movable collateral, such as aircraft and equipment. It establishes a lien on the collateral, allowing the creditor to seize and sell it upon default. 2. Conditional Sales Contract: Upon entering into this agreement, ownership of the aircraft and equipment is initially retained by the seller (creditor), with transfer occurring only upon successful fulfillment of specified conditions. Failure to meet these conditions gives the creditor the right to reclaim the collateral. 3. Fixture Filing: In cases where the aircraft and equipment are attached to real property (land/building), a fixture filing is necessary. This establishes the creditor's security interest in the fixtures, ensuring its priority over potential conflicting claims. Conclusion: The Tennessee Security Agreement Regarding Aircraft and Equipment serves as an important legal instrument to protect creditors' interests in collateralized assets. By understanding the key components and variations that may exist within this agreement, debtors and creditors can protect their rights while fostering a secure financial environment in Tennessee.