Yachting Law

Our yachting practice covers various aspects.
Initial Consultation
Yachting Law
Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Purchase and Sale

We assist our clients from the preparation and negotiation of the  documentation and pre-buy process for used yachts up to the final sale. Our  goal is to establish all necessary securities in the annex to the purchase  agreement (the most commonly used is the MYBA purchase agreement form) and,  when representing buyers, to derive benefits from the new ownership structure  of the yacht.

Financing

We value our established relationships with major private  banks that participate in the pre- and post-delivery financing of new yachts  and superyachts. We also assist our clients in restructuring existing  financings. We have developed robust loan documentation tailored to the  specifics of the yacht industry. This expertise is also highly beneficial  when representing clients' interests on the borrower side.

Operational Services

We advise our clients on the most suitable ways to  structure the ownership and management of their superyachts. This requires a  detailed examination of value-added tax (VAT), customs, registration, and  other regulatory aspects that are crucial for the business. We also provide  guidance on operational aspects such as crew arrangements, chartering (if  commercial use is intended), and their relationships with yacht managers and  other professionals involved in the daily operations of a yacht.

Refit

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Yacht building contracts

We are an established practice in representing ship owners  in the negotiation and completion of construction projects for yachts of 25  meters and above. We provide advice throughout the entire lifecycle of the  project, from the design phase to physical delivery. We guide our clients  through the specifics of each phase and milestone of their project.  Throughout the entire process, we connect the dots between the marine  surveyors, yacht designers, and other professionals involved in the project.

Our Experts in this Department

Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

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Financing of aircraft

If you are financing the acquisition of the aircraft through a loan or leasing arrangement, we can optimally advise you on the transaction. This includes drafting and negotiating a financing agreement suitable for your purposes, as well as addressing potential liens and other security arrangements.

Additionally, we coordinate the processes between you as the buyer, your bank, sellers, and operators. We ensure that the requirements of the credit institution for loan disbursement can be met so that the purchase price can be paid upon the technical acceptance and delivery of your business jet.

Our team has advised on aircraft financing worth 5.6 billion EUR. Moreover, we collaborate with the experienced and ideal partners.

Import / VAT on Aircraft

When buying and selling aircraft from and to the European Union, import sales taxes and customs duties may apply. This must be properly declared as soon as the aircraft lands at the first customs airport. Otherwise, your VAT refund could be jeopardized when the aircraft is used for business purposes and, depending on where it is handed over, further transaction duties may be incurred. Based on our many years of experience with the export and import of aircraft, we optimize both your transaction and the handover of your business jet.

Registration of Aircraft

For the registration of your aircraft, you need to complete and submit numerous documents. Whether you want to register your business jet under the flag of the Channel Islands, the Virgin Islands, or with the Luftfahrt-Bundesamt (LBA) in Braunschweig, Germany – we advise and assist you in preparing the necessary documentation and registration.

Ownership and Management Contracts

Often, Owners are lacking the knowhow to maintain an aircraft in compliance with the regulations of the EASA (European Union Aviation Safety Agency) and the LBA (Luftfahrt-Bundesamt, German Federal Aviation Office), and let their aircraft be manageged by an AOC. If you decide to operate your aircraft through such an operator, this involves a variety of legal and economic questions. We assist you in answering these questions and in drafting the contracts.

Advice on the different operating forms (AOC, NCC)

We examine both the legal permissibility and the tax implications – depending on your intended owner flights, third-party charter for cost reduction, use for company transport within the group, or shared use with other co-owners. This includes topics such as VAT exemption, fuel tax, or operating costs as deductible expenses in special purpose entities.Additionally, we handle the mediation of optimal partners as well as the creation of the necessary contractual documentation for you. For example, in the use of a foreign Air Operator Certificate (AOC) or the implementation of the Continuing Airworthiness Management Organisation (CAMO).

Transaction consulting

For many owners and operators of business aircraft, as well as their legal advisors, neither the purchase nor the sale of the aircraft is part of their daily business. The risk of overlooking pitfalls in unfamiliar territory is high. Therefore, we take care of the smooth execution of the transaction.

Our advisory goal is to protect and represent your interests. This means more than just the concrete planning and documentation of the transaction: creative solutions must be developed, and the deal must be quickly brought to a close without getting bogged down in potential side issues. We accompany you every step of the way: from advising on technical questions before the purchase to tax issues and customs clearance.

We are at your service 24/7 to quickly complete your transaction. With over 150 transactions completed, we have a wealth of experience. Thanks to a fee cap and regular cost updates, you always have an overview of your cost volume with us. Additionally, we collaborate with Germany's largest independent aircraft broker: BAS – Business Aviation Services.

Formation of SPCs

To separate liability, aircraft are often not operated within the owner's operational company but through dedicated holding entities. Together with our notaries, we provide all the necessary services from a single source, guiding you through the entire process—from establishing a national or international special purpose company to legally connecting it with the aircraft owners.

Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

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Dr. iur. Alexander Nefzger

Partner, Lawyer, Notary, Specialized Lawyer for Commercial and Corporate Law, Specialized Lawyer for Inheritance Law

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Matthias Reuleaux, LL.M.

Lawyer, of Counsel

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David Meixner

Lawyer, of Counsel

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Edward Stoye

Lawyer, Specialized Lawyer for Commercial and Corporate Law

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Aircraft Damage Claims

When aircraft sustain damage, legal disputes with insurers can quickly arise. For instance, if a pilot makes errors during flight preparation leading to an accident, liability insurers may hold the pilot accountable, or hull insurers may refuse coverage due to alleged gross negligence. These cases often require judicial clarification to determine whether safety regulations were violated. Successfully asserting claims against insurers demands in-depth expertise in aviation and insurance law.

Wet-Lease Agreements

Wet-leasing, or ACMI leasing, involving the charter of aircraft along with crew, maintenance, and insurance, has become a critical operational model. Due to fluctuating and often short-term capacity needs of commercial airlines, coupled with supply chain delays from aircraft manufacturers, various forms of wet-leases have emerged to cater to these individual requirements. We tailor contracts to your specific needs, focusing particularly on ensuring quality standards regarding maintenance, crew qualifications, and financial security through performance guarantees.

Aircraft Leasing Agreements

In recent decades, the aircraft leasing market has experienced significant growth. Large leasing providers offer aircraft to commercial airlines in various forms under complex and extensive contracts. We delve into this intricate field to craft solutions that align with your interests, addressing delivery and redelivery conditions, usage scope, and responses to contract violations (default situations). Additionally, we coordinate the execution and implementation of agreements to secure optimal outcomes for you.

Employment and Freelance Contracts for Pilots

Navigating the intersection of labor law and aviation law requires specialized knowledge. For example, the definition of travel to the home base differs under labor law compared to FRMS (Fatigue Risk Management Systems). Determining whether a pilot is an employee or a freelance operator hinges on nuanced legal precedents. Our labor law team advises various commercial aviation companies, helping you address these complexities without stumbling.

Maintenance Agreements

Maintenance forms the cornerstone of safe flight operations. We provide counsel on framework agreements for base and line maintenance, negotiating contracts for the supply of technical components and avionics to ensure reliable operations.

Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

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Corporate Law

As the legal counsel of GATE e.V., we are closely connected to the recurring legal challenges that affect your business. This enables us to provide swift, cost-effective, and well-founded advice. Whether you are a foreign corporation seeking guidance on legal matters for your subsidiary in Germany, drafting a framework supply agreement, or requiring tailored terms and conditions for your procurement processes, we have the right solution at hand. The German Aviation Security Act holds no surprises for us, and we navigate the intricacies of an airside vehicle just as confidently as we handle vertical baggage conveyors.

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Corporate Law
Richard Prechtel, LL.M.

Partner, lawyer, notary, specialist lawyer for commercial and corporate law

Kontakt activelaw TelefonKontakt activelaw E-Mail

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