Who Controls Your Asset?

Aircraft mortgages in the Netherlands are registered on a public register operated by the “Kadaster.” This separate register is distinct from the Dutch Civil Aviation aircraft register. To establish a mortgage, a notarial deed is required, followed by registration with the Kadaster. Unfortunately, the Kadaster register is not searchable online. So if you are buying or selling a Dutch aircraft, full due diligence is required!

Additionally, the Netherlands has not ratified the Cape Town Convention for the mainland Netherlands (only for Aruba, Curacao, Sint Maarten, and Caribbean Netherlands). Consequently, a mortgage granted by a Dutch owner for a Dutch-registered aircraft lacks the necessary “connecting factor” to be eligible for registration as an “International Interest” on the International Register.

In cases where a seller is unaware of relevant finance arrangements or procedural mistakes have occurred (such as unpaid mortgages), the owner must request the discharge of a mortgage registered on the Kadaster.

The Dutch court confirms interest holders’ consent to the discharge, and upon authorization, the Kadaster register can perform the discharge. The confirmation of discharge is then sent to the Dutch national register for the aircraft to be de-registered.