Aviation & Aircraft Finance
Felsberg is the pioneer firm servicing the aviation industry in Brazil and has over 30 years of experience in assisting foreign and local clients in a wide range of aviation matters, such as aircraft and engine financing, cross border transactions, development of complex corporate structures, as well as setting up and obtaining governmental authorizations to do business in Brazil for foreign airlines.
We are also experienced in insolvency, commercial related litigation, regulatory work and tax and in an addition to our full service firm support, keep a team exclusively dedicated to the aviation industry, in which our professionals are constantly referred as leading professionals and ranked by the most relevant guides.
Felsberg’s Aviation & Aircraft Finance practice has professionals exclusively dedicated to the aviation industry with solid and recognized experience in assisting clients in multiple areas, always acting pro-actively and keeping a business oriented view.
We advise and represent a diverse range of clients (export credit agencies – ECA, multinational banks, arrangers, lenders, financiers and operating lessors) in complex aircraft financing transactions, including cross-border and domestic acquisition, securitization, refinance, remarketing, sale-leasebacks, debt and equity syndicates, and operating lease.
Our finance team is experienced in drafting and negotiating all types of finance documents, including finance and operating leases, mortgages, fiduciary assignment, security assignments and air finance security packages, purchase and sale agreements, etc. and have successfully closed hundreds of transactions on behalf of foreign and domestic financial institutions, leasing companies and Brazilian and foreign operators.
Bankruptcy & Insolvency
Our team members and our firm have acted for large lessors, investors, banks and important creditors in relevant airlines debt restructurings and bankruptcy processes, both in and out of court and liquidation procedures. In addition to our Aviation & Aircraft Finance professionals who have worked all of Brazilian airlines insolvency/bankruptcy proceedings for the past 30 years, we also rely in the support of Felsberg’s Insolvency Department (ranked as tier 1 in Brazil), bringing the highest level of excellence to our clients in case of disturbing moments.
Resulting from decades of combined experience, our Aviation & Aircraft Finance team has extensive experience in aircraft litigation, such as aircraft repossession and debt collection, both in regards to commercial litigation and/or insolvency procedures. Relying on the litigation team support, we assist our clients in judicial and extrajudicial matters.
Corporate and Licensing
Felsberg provides legal assistance and consultancy to air service companies and groups having foreign or domestic shareholders that are establishing business in Brazil, from designing the complete corporate structure and constitution of the new air transport/MRO service company to the negotiation and drafting of documents for M&A transactions, joint ventures and shareholders agreements.
Our team is also experienced in setting up online and offline operations in Brazil for foreign air service companies and many of the world’s most important airlines have relied in our support. In some cases we also handle their day-today corporate, tax, commercial contracts and regulatory matters.
Strategic and contentious regulatory matters can be of essence to certain companies. We represent clients before the Brazilian Civil Aviation Agency – ANAC, Airport Administrators, the Ministry of Defense and Public Prosecutor’s Office, among others agencies. Our firm assists in (i) claims arising from aviation accidents, (ii) the preparation and approval of corporate reorganization and equity control to airlines and air service companies (iii) the representation upon technical departments (operational, airworthiness and safety); (iv) participation of ANAC’s public hearings on new legislation and (v) approval of code share agreements.
Felsberg’s Aviation & Aircraft Finance and Tax departments frequently work together to provide the proper tax advise in domestic and cross-border transactions with Brazil’s complex tax system.
We advise clients in matters such as import and export of aircraft, engines and parts in-and-out of Brazil, sale-leaseback and refinance transactions, taxation over local charter, lease and air transport service agreement, cargo clearance procedures, airline liability on travel agencies’ sale of tickets, application of international treaties on international air transportation and the tax implications arising from the use of certain ticket payment systems.
The tax team also is experienced with IATA’s (International Air Travel Association) guidelines as well as its BSP (Billing & Settlement Plan) system and represents clients from the aviation industry in administrative and judicial tax proceedings.
Partner in charge
- Phone:(55 11) 3141-9102
- City:São Paulo
- Languages:English, Spanish and Portuguese.
- Practice Areas:Corporate and M&A/Aviation & Aircraft Finance/Financial Law/Infrastructure See full profile
- Phone:(55 11) 3141-9101
- City:São Paulo
- Languages:Portuguese, English, German, French and Spanish.
- Practice Areas:Restructuring & Insolvency/Arbitration and Mediation/Institutional and Governmental Relations/Aviation & Aircraft Finance See full profile