Appleby’s transport and logistics team specialises in advising on asset finance transactions for clients in the aviation, shipping, road, rail and logistics industries, as well as registration of aircraft and vessels. We are a recognised and highly-regarded team of lawyers based in key offshore jurisdictions, including Bermuda, the British Virgin Islands (BVI), Cayman Islands, Guernsey, Isle of Man, Jersey, Mauritius and Seychelles, as well as the financial centres of Hong Kong and Shanghai.
Our multi-jurisdictional teams have extensive experience in advising on a broad range of aircraft, shipping, rail, road and logistics transactions, and regulation, including:
Our team regularly advises on aviation matters, including advice to lenders and borrowers on a broad range of financing and security documentation, the use and formation of SPVs and various security, priority, subordination and inter-creditor agreements, as well as the sale, acquisition and leasing of aircraft (in private and commercial use) and the financing of those transactions.
We are experienced practitioners who have spent many years providing commercial and regulatory advice in relation to both private and commercial aviation operations, including the sale and purchase of aircraft, assistance in advising as to suitable structuring, establishment and operation of such vehicles, registration of aircraft, provision of VAT solutions, EU importation, intra-group leases, off balance sheet structures and operating and finance lease structures.
In particular, Bermuda, Cayman Islands, and the Isle of Man have long been the domiciles of choice for financing and registering private aircraft, and in the case of Bermuda, both private and commercial aircraft.
With the establishment of the Channel Islands Aircraft Registry in Guernsey in 2013, and the Jersey Aircraft Registry in 2015, Guernsey and Jersey are also positioning themselves as aircraft registration domiciles. Appleby, with its presence in these jurisdictions and global experitise in the field is ideally placed to assist.
Our shipping client base is broad, ranging from high net worth individuals owning super yachts to large internationally-operating shipping enterprises. We frequently act for lenders, both commercial banks and export credit agencies, that have a significant portfolio of ship finance.
Our clients are involved in a full range of shipping and shipping-related service industries, including a range of activities from inception (ordering new construction) through the life of the vessel (ship owning and operating enterprises of all descriptions). As such, we have expertise on a diverse range of shipping related activities across our network of offshore jurisdictions. These jurisdictions, and in particular Bermuda,BVI, Cayman Islands, Guernsey, Isle of Man and Jersey, are popular domiciles for registering and financing a wide variety of commercial vessels as well as pleasure and commercially-operated super yachts.
We regularly provide advice on the registration of ships in Bermuda, BVI, Cayman Islands, Guernsey and Isle of Man, the sale and acquisition of ships and the financing of those transactions, and the registration and financing of private mega-yachts and commercial vessels during construction. We also prepare, review and provide opinions on loan and credit facility, and security documentation.