What you Should Know About Aircraft Liens see more
Can you be sure a pre-existing lien on your aircraft won’t come back to bite you? Gerrard Cowan polls a selection of experts to understand the nature of liens, how to check and safeguard against them, and what to do if a notice of foreclosure is served...
Liens can be a complex factor in business jet ownership, posing financial challenges for aircraft operators. Owners must ensure they fully understand the nature of any liens on their own aircraft, according to industry experts, while buyers should secure the best possible industry advice in any transaction.
There is a wide array of liens that can attach to an aircraft, its engines, or related components. But it is liens relating to financing that tend to be enforced more than other types, according to Brian Macbean, Director of Credit & Sales at AOPA Aviation Finance.
“Any time the aircraft is used as collateral for a loan, the lender will file a lien on the aircraft. Lenders that specialize in aircraft financing often file liens on the aircraft, the engines, and the avionics,” he adds, pointing to the prevalence of mechanics’ liens, also.
Liens on US-based aircraft should always be filed with the FAA, Macbean notes. “Depending on the specific scenario, a Uniform Commercial Code (UCC) filing could also be an effective method to assert interest or influence relating to an aircraft.”
Liens generally fall into two categories, according to Lori McGee, Partner at Jetstream Aviation Law, including consensual and non-consensual liens.
Consensual liens are typically agreed-upon between a lender and an owner, or another party with an interest in the property, McGee elaborates. For example, this could include aircraft mortgages and security agreements.
Non-consensual liens arise by operation of law, not as the result of an agreement between the parties – mechanics’ liens being primary examples. In the US these are governed by state law and vary from one state to another.
“Although the specifics of this type of lien are different in each state, generally speaking [they] are meant to provide a person that performs work or supplies materials for an aircraft with an interest in that aircraft to secure payment for such work or materials," McGee says.
This article was originally published by AvBuyer on November 20, 2023.
NAFA Welcomes New Member: Coleman Jet Solutions see more
FOR IMMEDIATE RELEASE: November 16, 2023
Contact: Tracey Cheek
NAFA Welcomes New Member: Coleman Jet Solutions
National Aircraft Finance Association (NAFA) is pleased to announce that Coleman Jet Solutions has recently joined its network of aviation professionals. Coleman Jets is an aircraft transaction advisory service that helps clients make the best decisions when buying, selling or owning a business aircraft.
“NAFA members facilitate the financing of general and business aviation aircraft on a global scale,” said Ed Medici, NAFA President. “We welcome and support Coleman Jet Solutions’ services that play a role in advancing the interests of NAFA members within the aviation industry.”
About Coleman Jet Solutions:
Coleman Jet Solutions, located in Chicago’s North Shore, provides technical, regulatory and financial guidance in aircraft transactions.
President David Coleman grew up in business aviation and has a keen interest in supporting financial institutions when complex cross-border or distressed transactions are necessary. This expertise led him to start Coleman Jet Solutions in 2021.
With over 75 years of combined experience in the aviation industry, Coleman Jet Solutions helps clients make the best decisions when buying, selling, or owning a business aircraft. Their expertise in aircraft research, aircraft evaluation and negotiation techniques is for the sole benefit of its clients.
For more information, visit http://www.colemanjets.com/.
The National Aircraft Finance Association (NAFA) is a professional association that has been promoting the general welfare of aircraft finance for 50 years. Our network of members is comprised of lenders and product service providers who work together to finance general and business aviation aircraft. NAFA sets the standard for best practices in aviation finance by educating its members on the most up-to-date industry trends and best practices. Government legislation, market influences and industry insights allow member companies to provide the highest quality services the industry has to offer.
Don't Be Afraid of Commitment see more
NAFA member, Duncan Aviation, discusses six reasons why you’re better off going exclusive with an aircraft broker.
SIX PITFALLS OF A NON-EXCLUSIVE RELATIONSHIP
Aircraft sales brokers frequently talk to owners who believe they are better served to have their aircraft represented by multiple brokers rather than committing to an exclusive agreement. They believe this will raise the aircraft’s market exposure, increasing the likelihood of it selling quickly, and result in a more lucrative transaction. This is rarely the case.
A reputable aircraft broker will typically not enter into a non-exclusive contract. Here are six reasons why you’re better off going exclusive.
I met with an owner who had two aircraft for sale. One was already on the market without an exclusive agreement, and the owner was planning to make the same sale arrangements for the second aircraft.
After 30 minutes of research, I found the first aircraft represented by five brokers at three prices, all with different total aircraft hours. One broker even failed to mention the engine programs. This illustrates the feeding frenzy mentality and misinformation that prevails when an aircraft is in the market without exclusivity.
After the owner discovered how his first aircraft was being represented, I secured the exclusive agreement of the second aircraft.
IN WHOSE INTEREST?
With no certainty of getting paid, non-exclusive brokers typically do not invest much time and money to represent an aircraft thoroughly. These informal arrangements create competition among brokers instead of buyers, so the non-exclusive broker may lean toward persuading the seller to lower the price quickly in an attempt to get the first bite. There is not the same incentive for a non-exclusive broker to ensure that the seller’s best interests come first.
This article was originally published by Duncan Aviation in December 2022.
Industry Experts Promoting Use of Sustainable Aviation Fuel see more
NAFA member, Stephen Hofer, President of Aerlex Law Group, discusses the use of Sustainable Aviation Fuel.
For owners and operators of private and corporate aircraft, the use of Sustainable Aviation Fuel or “SAF” to power jet engines is becoming more accepted, although challenges still loom with regard to its adoption. However, industry experts are working to promote the product and to stamp out some of the fallacies regarding its use.
Charles Etter, a scientist with Gulfstream Aerospace, recently told NBAA that SAF has to satisfy all of the requirements imposed under ASTM D1655, the industry standard that establishes the criteria for Jet A and Jet A-1 aviation fuel, and it has to be tested both before and after it is blended with conventional fuel. “There are no negative performance impacts with SAF, no changes in maintenance or fueling practices,” Etter emphasized. “It’s not like Jet A — it is Jet A.” According to Etter, Gulfstream has been using SAF in its aircraft since 2011, bought more than 1.8 million gallons, conducted hundreds of flights, and all without a single problem.
Frank Moesta, a senior vice president with Rolls-Royce, told NBAA that Rolls engines are currently certified to run on a blend of 50% SAF and 50% kerosene and have run hundreds of thousands of operations, on the ground and in the air, without incident. Moesta said Rolls-Royce already has conducted flight tests using 100% SAF and the engines are actually more efficient and produce fewer emissions. He characterized the current 50/50 percentage limitation as an issue of availability rather than capability.
This article was originally published by Aerlex Law Group on July 12, 2022.
AINsight: How To Protect Owner Privacy in Bizav see more
NAFA Member, David G. Mayer, partner in the global Aviation Practice Group at Shackelford, Bowen, McKinley & Norton, discusses aircraft privacy.
Business aircraft owners around the globe constantly risk exposure of their personal information on the ground and in the air. The consequences could result in threats to their safety and security or cause the loss of opportunities for them or their enterprises. For large corporations, even the optics of operating business aircraft may invite unwanted public scrutiny.
In light of these risks, aircraft owners and operators (owners) should, with their best advisors, apply technology tools to thwart breaches of privacy, create legal ownership structures to protect their identity, and implement security and aircraft use plans to mitigate these risks. They should also monitor and adapt to changes in laws that affect access to personal information, such as the FAA’s controversial pivot on December 12 to enhance privacy—at a potentially burdensome cost.
This article was originally published in AINonline on January 13, 2023.
Human Capital Gains see more
Without people, airplanes don’t fly. Owning, maintaining, and managing business aircraft is complex, and most focus on the physical assets, technology, and financing. But the “human capital” – the people who fly, maintain, and service the aircraft – are just as important. Listen as NAFA members and VanAllen Group CEO Jeff Agur and Managing Director Don Henderson discuss how bizav’s success depends on how well the people aboard the aircraft and on the ground are chosen, how they are trained, and how effectively they communicate with each other, in Human Capital Gains.
This podcast was originally published in Business Aviation Advisor on December 23, 2022.
Professional Aircraft Management – Priester Aviation’s Approach see more
Rich Ropp discusses professional aircraft management, the services it includes and their potential value to the aircraft’s owner.
- Defining Professional Aircraft Management.
- The various services available through Professional Aircraft Management and their potential value to the owner.
- Does aircraft management make sense for any aircraft size?
- The kinds of Fees associated with Aircraft Management services.
- What are the questions a potential aircraft owner should ask any firm they are considering?
- Does a management company’s location relative to the operator’s home base matter?
In for the Long Overhaul see more
NAFA member, George Kleros, Senior VP, Advisory Services for Jet Support Services, Inc. (JSSI), discusses how you can plan ahead when it comes to aircraft maintenance.
Whether you are a long-time aircraft owner or operator, or a first-time buyer, your aircraft may remain grounded prior to or just after the sale. Current owners also may experience much longer than usual wait times for scheduled or unplanned maintenance. What factors are driving these delays, and what can you do?
An unprecedented number of aircraft transactions have occurred since late 2020 and are continuing through today. The pandemic-induced shortage of aviation parts continues, compounded by the war in Ukraine, which has strained the export of precious metal commodities from which parts are manufactured. And the decrease in available maintenance, repair, overhaul (MRO) capacity for airframe and engine work persists, driven by two factors: retirement of long-time workers, and the surge of new aircraft owners.
The last 21 months of increased flying and parts shortages have overloaded the engine shops, and rental engines are being used for much longer than anticipated. If your MRO facility is able to secure a rental, you may get only one engine to cover both overhauls. This would mean back-to-back shop visits, putting your aircraft out of service for twice as long as usual. When this is the only option, you may run out of operational time on the second engine waiting for your first engine to come out of the shop. Your flight or maintenance personnel can request the engine manufacturer for an extension to bridge the amount of time the engine may be used.
This article was originally published by Business Aviation Advisor on December 3, 2022.
It’s Not Enough to Assemble an Aircraft Acquisitions Team – Buyers Need Experienced Professionals to Avoid Potentially Disastrous ResultsAircraft Acquisitions– Buyers Need Experienced Professionals to Avoid Potentially Disastrous Results see more
NAFA member, Stephen Hofer, President, Aerlex Law Group, discusses the importance of using experienced professionals when it comes to aircraft acquisitions.
People who work in the private aviation industry constantly stress the need for would-be aircraft buyers and sellers to assemble a team of professionals to support them in the purchase or sale of business jet aircraft. That team includes brokers, attorneys, financial advisors, aircraft managers, technical advisors, lenders, insurers and title and escrow handlers. What’s critical, however, is that the members of the team actually have experience and expertise in handling private aircraft transactions. A failure to includes knowledgeable and seasoned pros on your team can have disastrous consequences.
The attorneys at Aerlex Law Group have handled over 1,000 whole and fractional aircraft acquisitions over the past 17+ years and while we regularly give this advice to potential or new clients, we tend to treat the guidance as pro forma, a given, “why of course, why would you do anything else?” That being said, I am approached periodically by would-be clients who want Aerlex to help them fix problems that have already erupted – and I am sometimes astounded to learn of mistakes that were made, even when the buyer or seller had legal counsel involved. What it proves, beyond a shadow of a doubt, is that our industry has its own unique methods and protocols and those procedures are in place for a reason. Here are a couple of examples (names have been omitted and the facts have been changed somewhat to preserve confidentiality).
This article was published by Aerlex Law Group on October 19, 2022.
NAFA member NBAA welcomes FAA ruling on expanding aircraft ownership cycle. see more
Washington, DC, Nov. 17, 2022 – The National Business Aviation Association (NBAA) today welcomed the Federal Aviation Administration’s (FAA’s) direct final rule to extend the duration of aircraft registration certificates from three to seven years.
“We applaud the FAA for hearing our concerns over the current requirements and making this change,” said NBAA Director of Flight Operations and Regulations Brian Koester. “The new rule comes with tangible benefits that will help drive convenience and efficiency for business aircraft owners.”
This press release was originally published by NBAA on November 17, 2022.
Buying a Private Jet? Great! – Now How Are You Going to Crew It? see more
NAFA member, Stephen Hofer, President of Aerlex Law Group, discusses what you need to know when buying and operating a private jet.
These are boom times for private aviation. Record sales of both new and pre-owned aircraft. Unprecedented levels of flying in fractional, membership, jet card and charter programs. But that doesn’t mean that there aren’t some storm clouds looming on the horizon.
In the United States, would-be buyers who hope to take advantage of the last year of 100% accelerated depreciation are rushing to complete their acquisitions and get their newly acquired airplanes into active business usage before December 31, 2022 are facing unusual challenges. For one thing, most maintenance, repair and overhaul (MRO) facilities and other companies having aircraft inspection capabilities already have fully booked their slots for the remainder of the year. Buyers who are insistent on completing a careful and comprehensive pre-purchase inspection as a pre-condition to accepting their airplanes will find it increasingly difficult to find FAA-certificated aircraft and powerplant (A&P) mechanics who can perform the necessary evaluations and then sign off on a return to service. A similar problem faces buyers who may want to hire independent technical experts to oversee those inspections on the buyers’ behalf. Many tech reps already are fully committed through the end of the year.
Another problem facing buyers may not prevent them from closing on their purchases, but may have a significant impact on their ability to use their airplanes after they take delivery, both before and after the new year, and that’s the ongoing shortage of qualified pilots to fly those corporate and private aircraft.
This article was originally published in BusinessAir Magazine, October 2022, Volume 32, No. 10.
Q&A: Aircraft Hull Value Adjustments in Volatile Market Conditions see more
Today’s aircraft market conditions bring to light the importance of insurance and accurate hull values. If you have not consulted with your insurance agents, underwriters, or legal teams about your coverages and exclusions, the current hull value assigned to your aircraft could be off by millions.
Driven by unprecedented demand and record-low inventories, asset values are rapidly changing in almost every aviation market segment. Industry reference guides are unable to keep up. While these fluctuating market conditions remain, we recommend you consult with your insurance professionals at least twice a year to review hull value and adjust as needed.
NAFA member Ann Pollard, Aircraft Sales & Acquisitions for Duncan Aviation, recently sought expert advice from Michael McCray, Senior Vice President at Marsh JLT Specialty, to offer best practices about managing Agreed Hull Values policy adjustments in volatile market conditions.
This article was originally published by Duncan Aviation in April 2022.
Satellite Comms Market: What’s the Latest? see more
Satellite communications is a fast-evolving sector within Business Aviation. AvBuyer's Matt Harris caught up with NAFA member, Chris Moore, President of Satcom Direct, to discuss the latest developments and ask him about his predictions for the market.
Celebrating its 25th anniversary this year, Satcom Direct is founded on an understanding of ‘the value of time, and the importance of maximizing it’. In accordance with that founding principle, the company has developed a range of cutting-edge technologies that enable connection, wherever a business aircraft is located.
Today, it provides communications solutions aboard more than 7,000 aircraft.
Harnessing a powerful combination of tools, Satcom Direct is industry-renowned for its consistent, reliable connectivity across the globe. A portfolio of proprietary software, hardware, terrestrial infrastructure, cybersecurity solutions, and award-winning customer services enable the company to offer tailored data services for each individual business aircraft customer’s mission.
In addition, the company delivers educational resources that range from simple entry-into-service workshops, right up to certified qualifications for aviation IT professionals and cabin crew.
According to Chris Moore, President of Satcom Direct, “The aim is to enhance the passenger experience, improve operational efficiencies, and give back precious time by providing connectivity solutions beyond all expectations.”
This article was originally published by AvBuyer on March 14, 2022.
Aftermarket OEM Support: A Market Overview see more
Looking for insights into the current and future challenges faced by the leading business jet OEM aftermarket support networks? AvBuyer’s Matt Harris asked NAFA member, Bombardier’s Chris Debergh for his perspectives on the sector.
There’s a lot more to business jet manufacturers than simply building and selling airplanes. A big part of their activities involves taking care of the ongoing needs of owners and operators long after the aircraft have flown away from the factory with their new owners.
That support ensures the aircraft remain in optimal condition, providing the functionality they were built to deliver; are modified to remain airworthy where necessary; can be upgraded when improved solutions become available to enhance the flying experience; and are expertly maintained long after the factory warranty expired.
All of this ensures operators of newer, and out-of production pre-owned jets, alike, can enjoy flying those aircraft with peace of mind.
For this reason, the leading aircraft manufacturers have extensive support networks, usually spread strategically around the planet, ensuring the necessary assistance reaches operators where it’s needed, when it’s needed.
This article was originally published by AvBuyer on February 14, 2022.
Duncan Aviation Joins National Aircraft Finance Association see more
FOR IMMEDIATE RELEASE: May 10, 2022
Contact: Tracey Cheek
Duncan Aviation Joins National Aircraft Finance Association
Edgewater, MD – National Aircraft Finance Association (NAFA) is pleased to announce that Duncan Aviation has recently joined its network of aviation professionals. Duncan Aviation is the largest privately owned business jet service provider in the world, with complete Maintenance, Repair and Overhaul (MRO) and aircraft broker/acquisition services.
“NAFA members know first-hand the value of having full-service providers who pride themselves on friendly, quality transactions,” said Jim Blessing, president of NAFA. “We welcome Duncan Aviation to our association and anticipate a long, fruitful relationship. As NAFA celebrates our 50th anniversary, we look to these companies such as Duncan Aviation to help our members and our organization continue to be known for innovation and expertise.”
Products & Services:
Aircraft sales and acquisition
Airframe and engine maintenance, service and support
Avionics service, upgrades and installation
Paint and interior refurbishment
Parts and rotables sales
Rapid response engine, avionics and parts support
Engineering and certification
About Duncan Aviation: Owned and operated by the Duncan family since its founding in 1956, Duncan Aviation was founded as an aircraft sales organization. Now, in addition to aircraft brokerage and acquisition services, the company provides tip to tail aircraft support. Well-known and respected by operators, manufacturers and other service providers worldwide for quality, value, timeliness, communication, work ethic and expertise, Duncan Aviation has core values focusing on service, respect and integrity. Its brand promise is a commitment to providing exceptional customer service and innovative offerings through a strong code of ethics. Duncan Aviation has major full-service MRO facilities in Michigan, Nebraska and Utah and more than 30 satellite facilities and in-field response offices.
About NAFA: The National Aircraft Finance Association (NAFA) is a professional association that has been promoting the general welfare of aircraft finance for 50 years. Our network of members is comprised of lenders and product service providers who work together to finance general and business aviation aircraft. NAFA sets the standard for best practices in aviation finance by educating its members with the most up-to-date industry trends and best practices. Government legislation, market influences and industry insights allow member companies to provide the highest quality services the industry has to offer.