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What is the Cape Town Convention?

What is the Cape Town Convention?

About the Cape Town Convention

  • The Convention on International Interests in Mobile Equipment (Cape Town Convention) is an international treaty adopted in 2001 to facilitate the financing and leasing of high-value mobile assets.
  • It establishes a uniform legal framework for recognising and protecting the interests of creditors, lenders and lessors in mobile equipment.
  • It aims to reduce risks for financiers, thereby making aircraft and other high-value assets easier to finance and lease.
  • It was adopted at Cape Town, South Africa, on 16 November 2001 and entered into force on 1 March 2006.
  • The Convention is supported by sector-specific protocols, including the Aircraft Protocol.

Major Objectives

  • Legal Certainty: Establishes internationally recognised rights of creditors, lenders and lessors over mobile assets.
  • Protection of Creditors: Provides remedies in case of default by borrowers or lessees.
  • Reduced Financing Costs: Reduces financial risks for lenders, making asset financing and leasing more affordable.
  • International Uniformity: Creates common rules for registration, priority of interests and enforcement across contracting countries.

Key Features and Provisions

  • International Interest: Recognises security interests, leasing rights and conditional sale interests in specified mobile equipment.
  • International Registry: Provides an electronic system to register interests and establish priority among competing claims.
  • Creditor Remedies: Allows creditors to seek possession, control or recovery of assets in case of default, subject to the Convention and applicable declarations.
  • Insolvency Protection: Provides rules governing the rights of creditors when a debtor becomes insolvent.
  • Aircraft Protocol: Contains specific provisions for aircraft objects, including aircraft engines, airframes and helicopters.

India’s Position and Implementation

  • Accession: India acceded to the Cape Town Convention and Aircraft Protocol in 2008.
  • Domestic Legislation: Parliament enacted the Protection of Interests in Aircraft Objects Act, 2025, which came into force on 1 May 2025.
  • DGCA: Designated as the Registry Authority responsible for registration and deregistration of aircraft objects.
  • Creditor Protection: Provides legal remedies to creditors and lessors in cases of default, including recovery of aircraft objects.
  • Overriding Effect: The Act prevails over inconsistent provisions of other laws.
  • Jurisdiction: High Courts have jurisdiction over claims under the Convention.

Conclusion

The Cape Town Convention provides a uniform international legal framework for protecting interests in high-value mobile assets. Its implementation through the Protection of Interests in Aircraft Objects Act, 2025 strengthens India’s aviation financing framework and improves legal certainty for aircraft lessors and creditors.

This concept has been mentioned in the following article:

Bharatiya Vayuyan Niyam, 2026