Operational Issues - What you need to know post-sale
Many purchasers and financiers fail to appreciate the implication of how an aircraft will be operated post closing, whether under FAR Part 135 or Part 91, during the sales process. Parts 135 & 91 apply to operations of aircraft and the particulars of these parts will govern not only how, when, and where the aircraft can be operated post-closing, but also what equipment, certification and licensing the aircraft and crew will need as well as the availability of aircraft and engine support programs. In addition to the FARs, depending on the proposed operation, the economic aviation regulations of DOT may also need to be considered.
From on-demand air taxi operators to private non-commercial operators, operational issues can be complex and can create challenges for structural arrangements that purchasers as well as financiers may not anticipate. This may be particularly true if the intent is for operation of the aircraft not only domestically, but also internationally. While international operations may present unique challenges, such challenges can be overcome without jeopardizing the value or security of the aircraft.
In this webinar, we will discuss:
• What lessors/financiers need to know about commercial/non-commercial and domestic/international operations and the implications of these operations on leases and security interests.
• What questions transaction attorneys should consider during the sale/purchase process in counseling purchasers and financiers regarding the intended post-closing operation of an aircraft.
• What insurance brokers need to know for proper underwriting and to ensure proper coverage based upon the post-closing operations of the aircraft and equipment, certification and licensing required for aircraft, operators, and crew.
In this webinar, we will explore ways to ensure the conformity and enforceability of aircraft purchase, financing, and operational agreements, including purchase agreements, lease agreements and security agreements. The webinar is also designed to allow time for attendees to ask questions that may be particular to their specific situation and facts.
This webinar will benefit anyone involved in the operations of aircraft, but could be particularly beneficial to people not directly involved in the closing process:
• Credit officers
• Document processing staff
• Insurance companies
• Insurance brokers
• Transaction attorneys
• and more...
Whether you are new to the industry looking to learn more about the nuances of the trade or an experienced professional looking to stay up to date on what you need to know, this webinar is for you!
Meet our Panelists:
Scott McCreary, Practice Group Leader of the Aviation Group at McAfee & Taft - As the practice group leader of the Aviation Group, Scott McCreary oversees one of the largest and most experienced FAA aircraft title and financing legal teams in the United States. He represents local, national and international clients in connection with matters involving the buying, selling, leasing and financing of aircraft. His practice is primarily focused on matters relating to the Cape Town Convention, the Federal Aviation Act and the FAA Aircraft Registry, such as aircraft title, registration, finance and leasing law, as well as regulatory issues relating to the operation of aircraft under Part 91 of the Federal Aviation Regulations.
Scott is a frequent speaker at aviation conferences in the United States and abroad and has made presentations at venues such as the Strategic Research Institute’s Annual FAA Aircraft Registration, Lien & Securities Interest Conference; the Federal Bar Association’s Aircraft Title, Registration, Finance and Leasing Law Conference; the Institute for International Research’s Corporate Aviation Symposium; Opportunities in Business Jets, Malta; National Business Aviation Association (NBAA)’s BACE meetings and regional forums; Geneva International Forum on Aircraft Finance & Commercial Aviation; Corporate Jet Investor’s meetings in London, Florida, and Singapore; National Aircraft Finance Association’s annual meeting; the European Business Aviation Convention & Exhibition (EBACE); International Aircraft Dealers Association’s annual meeting; and the Lawyer-Pilots Bar Association’s annual meeting.
Scott is also actively involved in advisory and leadership roles at leading industry organizations. He currently serves as:
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Member of the board of directors of the National Aircraft Finance Association and member of NAFA’s Regulatory Committee
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Member of the National Business Aviation Association’s tax committee
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Member of the executive committee of the Aviation Working Group’s Legal Advisory Panel (LAP), whose primary focus is to provide thoughts, support and interpretation on the implementation of, and compliance with, the Cape Town Treaty and to provide advice, on request, on other projects undertaken by AWG
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Member of the International Registry Advisory Board (IRAB), which provides advice to the Registrar on matters relating to the needs of users in connection with the operations of the International Registry
His achievements in the area of aviation law have earned him inclusion in Oklahoma Super Lawyers, The International Who’s Who of Aviation Lawyers, Who’s Who Legal, and The Best Lawyers in America (aviation law; equipment finance law). He was selected by Best Lawyers as the “Oklahoma City Aviation Lawyer of the Year” for 2023 and the “Oklahoma City Equipment Finance Lawyer of the Year” for 2021 and 2023.
Scott has previously served on McAfee & Taft’s board of directors.
John Copley, Attorney at Garofalo Goerlich Hainbach PC - Mr. Copley is President and a shareholder of Garofalo Goerlich Hainbach PC in Washington, DC. He has provided counsel to clients regarding aviation law with an emphasis on both commercial transactions and regulatory processes and proceedings before both the Federal Aviation Administration and the U.S. Department of Transportation. His clients have included financiers, aircraft lessors, investment funds, corporations, air carriers, repair stations, pilot schools, airframe and parts manufacturers, and individual aircraft owners. He has assisted numerous clients in the sale, purchase, lease, and financing of new and used aircraft. Such transactions have included purchases and sales of fractional and whole aircraft, individual aircraft and on a fleet basis, domestic as well as transnational transactions. He regularly provides regulatory advice to clients operating aircraft both commercially and non-commercially, domestically and internationally. His regulatory advice and assistance has included due diligence for clients forming and acquiring air carriers (Part 135 air taxi operators, Part 121 air carriers, and Part 125 commercial operators), repair stations, pilot schools, and fractional management companies. In addition, he has provided regulatory advice to both air carriers and indirect air carriers in complying with U.S. Department of Transportation requirements.
Mr. Copley has published various articles regarding aviation matters for business aviation publications and aviation industry publications, as well as articles for academic publications. He has presented at various National Business Aviation Association conferences, as well as other aviation industry conferences, such as those organized by Aeropodium. Mr. Copley also teaches continuing legal education courses for organizations such as Lawline, where he holds a greater than 98% approval rating.
Mr. Copley received his JD from the University of Virginia School of Law. He received his BA from Wake Forest University, magna cum laude. Mr. Copley is fluent in both English and Spanish.