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06/09/2010 07:30:28
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Provisional and permanent registration

All applications for the registration of ships under the Cyprus flag must be made by a local lawyer to the Ministry of Communications and Works through the Registrar of Cyprus Ships. The Registrar will accept applications to register ships when the Company is still under formation so that the incorporation of the Company and the registration of the ship can progress simultaneously. However, the Company must be duly incorporated before the registration of the vessel can take place.


5.1 Provisional Registration

If at the time or registration to the Cyprus Ship Register, a vessel is situated at a port outside the Republic of Cyprus and provided that it is not already a Cypriot ship, then it will be provisionally registered first. Once the vessel is provisionally registered, the owner must proceed with the permanent registration within 9 months (including the 3 month extension period available for provisional registration.

A ship may be provisionally registered under the Cyprus flag at any diplomatic mission or consular post of the Republic of Cyprus abroad. The officer effecting the registration will act on the instructions issued by the Registrar of Cyprus Ships. At the time of provisional registration, the ship must be at a port so that she may be surveyed and certified on behalf of the Cyprus government. It is not necessary for the ship to be at the port as the one where the provisional registration is taking place.

(a) Application for provisional registration. In applying to the Registrar for provisional registration, the following information is required:

(i) name and flag of vessel at the time of application;

(ii) name of Cyprus company applying for the registration;

(iii) name under which vessel will be registered;

(iv) particulars of vessel (type, year of built, gross and net tonnage);

(v) Name of the classification society with which the ship is entered. If the new owners intend to change the classification society, this should also be stated;

(vi) intended trading area for the vessel

(vii) If known, place where the ship will be at the time of her provisional registration. In any case, this information must be communicated to the Registrar prior to the time of provisional registration;

(viii) name of consular officer who will effect the provisional registration; and

(ix) Name and address of the shareholders and directors of the Cypriot company in whose ownership the vessel will be registered.

(b) Change of name. If the ship’s name will change, there must be a period of 7 days between the day when the application is submitted and the day on which the ship may actually be registered and her name changed.

(c) Registration particulars. The following are also requirements that have to be met before the consular officer can proceed with the provisional registration:

(i) The vessel must be classed with one of the classification societies that the Cypriot government recognizes;

(ii) The vessel must be covered by one of the radio traffic accounting authorities that the Cypriot government recognizes. All maritime radio communications accounts must be paid by an accounting authority. Payments made directly through land earth stations or international service providers are not allowed; and

(iii) For the purpose of activation and deactivation of maritime mobile earth stations, vessels should nominate their preferred PSA. This must again be one that the Cypriot government recognizes.

(d) Supporting documentation. Together with the application for the registration of the vessel, the Registrar requires some additional supporting documentation. These must be submitted prior to the issuing of the instructions for the provisional registration of the vessel but not necessarily at the same time as when the application is submitted. They are:

(i) copies of the memorandum and articles of association of the Company in whose ownership the vessel will be registered;

(ii) copy of the certificate of incorporation of the company;

(iii) copies of the certificates of shareholders, directors and secretary of the company;

(iv) Confirmation of class of the vessel. This confirmation must include a statement that the society is ready to proceed with a survey and certification of the vessel on behalf of the Cyprus government. (Any recommendations that may arise as a result of the survey must be dealt with). The societies have been instructed, at the time of provisional registration under the Cypriot flag, not to issue to ships any statutory certificates that list outstanding recommendations of whatever nature; and

(v) Confirmation from the radio traffic accounting authority that will cover the vessel whilst under the Cyprus flag, that a contract has been signed between them and the owners of the vessel providing for the settlement of the ship’s radio traffic accounts with the telecommunications authorities of the different countries which may serve her.

If the vessel is over 15 years old, there are additional requirements and conditions to be met imposed by the Department of Merchant Shipping before registration can proceed.

(e) Instructions for provisional registration. On receiving all the necessary documentation, the Registrar will instruct the consular office to proceed with the provisional registration of the vessel. The consular officer will need the following documents before he can proceed with the registration:

(i) directors’ resolutions of the Cyprus company resolving to acquire the vessel and register her under the Cypriot flag and the appointment of one or several attorneys who will appear before the consular officer for matters concerning the registration;

(ii) Power of attorney expressly authorising those who will be acting for the Company on matters concerning the registration. The power of attorney must be executed pursuant to the resolutions described in paragraph (i) above and under the common seal of the company. It must be signed by one or two directors (depending on the provisions regarding this in the company’s articles of association) and must be either notarially attested or legalized by a Cyprus consular officer;

(iii) declaration of ownership;

(iv) memorandum of appointment of ship’s husband;

(v) Bill of sale duly executed by the registered owners. This must be certified by the consular authorities of the country of the previous registry;

(vi) certificate of ownership and encumbrances from the ship’s previous registry attesting that the ship is free of encumbrances and that she may be transferred to another registry; and

(vii) Application for licence to install and work a wireless telegraphy and/or telephony station on board ship under Cyprus flag.

(f) Completion of provisional registration. Provided that all the appropriate fees have been paid and all the necessary documents submitted, the consular officer instructed to carry out the ship’s provisional registration will proceed to:

(i) Issue a provisional certificate of the Cyprus registry. This is valid for 6 months from the date of issue;

(ii) issue a provisional radio license, and

(iii) Advise the vessel’s classification society to proceed with the survey and certification of the vessel on behalf of the Cyprus government.

The ship must not leave the port where she is lying until she has been duly surveyed and certified.

The ship’s provisional registration may be extended for another 3 months provided that the appropriate fees have been paid. The application for the extension must be submitted by a local lawyer on behalf of the ship-owner. The application must name the consular officer to whom the provisional certificate will be presented for extension. On approving the application, the Registrar of Cyprus Ships will instruct the consular officer to effect the necessary endorsement of the provisional certificate.


5.2 Permanent Registration

(a) Application and documentation. To permanently register a vessel, the following documents must be submitted to the Registrar of Cyprus Ships:

(i) application for permanent registration made by the local lawyer acting on behalf of the Company to the Ministry through the Registrar of Cyprus Ships, requesting the permanent registration of the vessel in the Register of Cyprus Ships;

(ii) certificate of deletion of the vessel from the previous register or certificate of cancellation of registry or closed transcript of registry, if this was not filed at the time of provisional registration;

(iii) copy of the agreement signed with the vessel’s radio traffic accounting authority;

(iv) certificate of survey;

(v) Cyprus tonnage certificate;

(vi) international tonnage certificate;

(vii) duly verified ship’s carving and marking note;

(viii) copies of the ship’s statutory certificates as these apply to the ship’s type and size, ie:

(A) cargo ship safety construction;

(B) cargo ship registry equipment;

(C) cargo ship safety radio;

(D) international load lines certificate (1966);

(E) international oil pollution prevention;

(F) international noxious substances pollution prevention;

(G) passenger ship safety, and;

(H) Certificate of fitness.

If the vessel is over 15 years of age the requirements or conditions under which her registration has been approved must also be complied with.

(b) Ship’s Tonnage, Carving and Marking. The certificate of survey and the Cyprus tonnage certificate or international tonnage certificate are prepared by any one of the classification societies recognised by the Cypriot government or by the Department of Merchant Shipping.

On receiving the above forms the Registrar allots to the ship her official number and issues, to the owner, the ship’s carving and marking note. The owner must then instruct a surveyor of ships (surveyors of any of the recognised and authorized classification societies or of the Department of Merchant Shipping) to inspect the ship’s carving and marking. On the surveyor completing the survey, the owner will return the carving and marking note to the Registrar so as to proceed with the permanent registration of the vessel.

(c) Certificate of Cyprus Registry. On receipt of all the documents set out above, and provided that the appropriate fees have been paid, the Registrar will proceed with the permanent registration of the vessel and issue a certificate of Cyprus Registry.


5.3 Deletion

A Cypriot ship must be deleted from the Cyprus Registry as soon as more than half of its shares are sold or transferred to a person or company not entitled to own them under Cyprus law. The deletion of a ship does not require an export license.

As soon as the registered mortgages and other encumbrances are discharged and all matters pending with the Registry, including financial obligations, are settled, a deletion certificate or a closed transcript of registry is issued.




   
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