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49 U.S.C. § 44108 — Validity of conveyances, leases, and security instruments

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44108 — Validity of conveyances, leases, and security instruments

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Source file: Laws/federal/codes/united-states-code/title-49/section-44108-validity-of-conveyances-leases-and-security-instruments--fcbafb2010.md
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Source location: Title 49, Chapter 441, § 44108; chapter-441-registration-and-recordation-of-aircraft.md

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**(a) Validity Before Filing.—** Until a conveyance, lease, or instrument executed for security purposes that may be recorded under section 44107(a)(1) or (2) of this title is filed for recording, the conveyance, lease, or instrument is valid only against— (1) the person making the conveyance, lease, or instrument; (2) that person’s heirs and devisees; and (3) a person having actual notice of the conveyance, lease, or instrument. **(b) Period of Validity.—** When a conveyance, lease, or instrument is recorded under [section 44107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44107&num=0&edition=prelim), the conveyance, lease, or instrument is valid from the date of filing against all persons, without other recordation, except that— (1) a lease or instrument recorded under section 44107(a)(2)(A) or (B) of this title is valid for a specifically identified engine or propeller without regard to a lease or instrument previously or subsequently recorded under section 44107(a)(2)(C) or (D); and (2) a lease or instrument recorded under section 44107(a)(2)(C) or (D) of this title is valid only for items at the location designated in the lease or instrument. **(c) Applicable Laws.—** (1) The validity of a conveyance, lease, or instrument that may be recorded under [section 44107 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44107&num=0&edition=prelim) is subject to the laws of the State, the District of Columbia, or the territory or possession of the United States at which the conveyance, lease, or instrument is delivered, regardless of the place at which the subject of the conveyance, lease, or instrument is located or delivered. If the conveyance, lease, or instrument specifies the place at which delivery is intended, it is presumed that the conveyance, lease, or instrument was delivered at the specified place. (2) This subsection does not take precedence over the Convention on the International Recognition of Rights in Aircraft (4 U.S.T. 1830) or the Cape Town Treaty, as applicable. **(d) Nonapplication.—** This section does not apply to— (1) a conveyance described in [section 44107(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44107/a/1&num=0&edition=prelim) that was made before August 22, 1938; or (2) a lease or instrument described in [section 44107(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44107/a/2&num=0&edition=prelim) that was made before June 20, 1948.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44101 — Operation of aircraft

**(a) Registration Requirement.—** Except as provided in subsection (b) of this section, a person may operate an aircraft only when the aircraft is registered under [section 44103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44103&num=0&edition=prelim). **(b) Exceptions.—** A person may operate an aircraft in the United States that is not registered— (1) when authorized under section 40103(d) or 41703 of this title; (2) when it is an aircraft of the national defense forces of the United States and is identified in a way satisfactory to the Administrator of the Federal Aviation Administration; and (3) for a reasonable period of time after a transfer of ownership, under regulations prescribed by the Administrator.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44107 — Recordation of conveyances, leases, and security instruments

**(a) Establishment of System.—** The Administrator of the Federal Aviation Administration shall establish a system for recording— (1) conveyances that affect an interest in civil aircraft of the United States; (2) leases and instruments executed for security purposes, including conditional sales contracts, assignments, and amendments, that affect an interest in— (A) a specifically identified aircraft engine having at least 550 rated takeoff horsepower or its equivalent; (B) a specifically identified aircraft propeller capable of absorbing at least 750 rated takeoff shaft horsepower; (C) an aircraft engine, propeller, or appliance maintained for installation or use in an aircraft, aircraft engine, or propeller, by or for an air carrier holding a certificate issued under [section 44705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (D) spare parts maintained by or for an air carrier holding a certificate issued under [section 44705 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44705&num=0&edition=prelim); and (3) releases, cancellations, discharges, and satisfactions related to a conveyance, lease, or instrument recorded under paragraph (1) or (2). **(b) General Description Required.—** A lease or instrument recorded under subsection (a)(2)(C) or (D) of this section only has to describe generally the engine, propeller, appliance, or spare part by type and designate its location. **(c) Acknowledgment.—** Except as the Administrator otherwise may provide, a conveyance, lease, or instrument may be recorded under subsection (a) of this section only after it has been acknowledged before— (1) a notary public; or (2) another officer author

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 44108 — Validity of conveyances, leases, and secu-

Page 1224 TITLE 49—TRANSPORTATION § 44108 In subsection (c), before clause (1), the words ‘‘by reg- ulation’’ are omitted because of 49:322(a). In clause (2), the words ‘‘possession of the United States’’ are sub- stituted for ‘‘possession thereof’’ for clarity. In subsection (d), the words ‘‘lease, and instrument’’ are substituted for ‘‘other instruments’’ for clarity and consistency in this subchapter. In clause (1), the words ‘‘of the time and date of’’ before ‘‘recordation’’ are omitted as unnecessary because of the restatement. In clause (2), before subclause (A), the words ‘‘in files to be kept for that purpose’’ are omitted as unnecessary. In subclause (A), the words ‘‘location specified in a lease or instrument recorded under subsection (a)(2)(C) or (D) of this section’’ are substituted for ‘‘in the case of an instrument referred to in subsection (a)(3) of this sec- tion, the location or locations specified therein’’ for clarity and consistency in this subchapter. Editorial Notes AMENDMENTS 2004—Subsec. (a)(2)(A). Pub. L. 108–297, § 3(a)(1), sub- stituted ‘‘550’’ for ‘‘750’’. Subsec. (a)(3). Pub. L. 108–297, § 3(a)(2), substituted ‘‘paragraph (1) or (2)’’ for ‘‘clause (1) or (2) of this sub- section’’. Subsec. (e). Pub. L. 108–297, § 3(b), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT Amendment by Pub. L. 108–297 effective Mar. 1, 2006, and not applicable to any registration or recordation that was made before such date under this chapter or any legal rights relating to such registration or rec- ordation, see section 7 of Pub. L. 108–297, set out as a note under section 44101 of this title. § 44108. Validity of conveyances, leases, and secu- rity instruments (a) VALIDITY BEFORE FILING.—Unti

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