889 

Federal Aviation Administration, DOT 

§ 49.19 

§ 49.17

Conveyances recorded. 

(a)(1) Each instrument recorded 

under this part is a ‘‘conveyance’’ 
within the following definition in 49 
U.S.C. 40102(a)(19): 

‘‘Conveyance’’ means an instrument, in-

cluding a conditional sales contract, affect-
ing title to, or an interest in, property. 

(2) A notice of Federal tax lien is not 

recordable under this part, since it is 
required to be filed elsewhere by the 
Internal Revenue Code (26 U.S.C. 6321, 
6323; 26 CFR 301.6321–1, 301.6323–1). 

(b) The kinds of conveyance record-

able under this part include those used 
as evidence of ownership under § 47.11 of 
this chapter. 

(c) The validity of any instrument, 

eligible for recording under this part, is 
governed by the laws of the State, pos-
session, Puerto Rico, or District of Co-
lumbia, as the case may be, in which 
the instrument was delivered, regard-
less of the location or place of delivery 
of the property affected by the instru-
ment. If the place where an instrument 
is intended to be delivered is stated in 
the instrument, it is presumed that the 
instrument was delivered at that place. 
The recording of a conveyance is not a 
decision of the FAA that the instru-
ment does, in fact, affect title to, or an 
interest in, the aircraft or other prop-
erty it covers. 

(d) The following rules apply to con-

veyances executed for security pur-
poses and assignments thereof: 

(1) A security agreement must be 

signed by the debtor. If the debtor is 
not the registered owner of the air-
craft, the security agreement must be 
accompanied by the debtor’s Applica-
tion for Aircraft Registration and evi-
dence of ownership, as prescribed in 
Part 47 of this chapter, unless the debt-
or— 

(i) Holds a Dealer’s Aircraft Registra-

tion Certificate and submits evidence 
of ownership as provided in § 47.67 of 
this chapter (if applicable); 

(ii) Was the owner of the aircraft on 

the date the security agreement was 
signed, as shown by documents re-
corded at the FAA Aircraft Registry; 
or 

(iii) Is the vendor, bailor, or lessor 

under a contract of conditional sale. 

(2) The name of a cosigner may not 

appear in the security agreement as a 
debtor or owner. If a person other than 
the registered owner signs the security 
agreement, that person must show the 
capacity in which that person signs, 
such as ‘‘cosigner’’ or ‘‘guarantor’’. 

(3) An assignment of an interest in a 

security agreement must be signed by 
the assignor and, unless it is attached 
to and is a part of the original agree-
ment, must describe the agreement in 
sufficient detail to identify it, includ-
ing its date, the names of the parties, 
the date of FAA recording, and the re-
corded conveyance number. 

(4) An amendment of, or a supple-

ment to, a conveyance executed for se-
curity purposes that has been recorded 
by the FAA must meet the require-
ments for recording the original con-
veyance and must describe the original 
conveyance in sufficient detail to iden-
tify it, including its date, the names of 
the parties, the date of FAA recording, 
and the recorded conveyance number. 

(5) Immediately after a debt secured 

by a conveyance given for security pur-
poses has been satisfied, or any of the 
encumbered aircraft have been released 
from the conveyance, the holder shall 
execute a release on AC Form 8050–41, 
Part II—Release, provided to him by 
the FAA when the conveyance was re-
corded by the FAA, or its equivalent, 
and shall send it to the FAA Aircraft 
Registry for recording. If the debt is se-
cured by more than one aircraft and all 
of the collateral is released, the collat-
eral need not be described in detail in 
the release. However, the original con-
veyance must be clearly described in 
enough detail to identify it, including 
its date, the names of the parties, the 
date of FAA recording, and the re-
corded conveyance number. 

(6) A contract of conditional sale, as 

defined in 49 U.S.C. 40102(a)(18), must 
be signed by all parties to the contract. 

[Doc. No. 1996, 29 FR 6486, May 19, 1964, as 
amended by Amdt. 49–1, 31 FR 4499, Mar. 17, 
1966; Amdt. 49–9, 53 FR 1915, Jan. 25, 1988; 
Amdt. 49–10, 70 FR 246, Jan. 3, 2005] 

§ 49.19

Effective date of filing for rec-

ordation. 

A conveyance is filed for recordation 

upon the date and at the time it is re-
ceived by the FAA Aircraft Registry. 

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