A Guide to Ship Registration
Provisional Registration
Administrative Procedures
Cypriot merchant shipping legislation allows for the
provisional registration of a vessel (if at the time of registration the vessel
is situated at a port outside the Republic and provided it was not previously a
Cyprus ship) and most owners usually opt to have their ship provisionally
registered first. This will allow them time (up to 9 months, including a 3 month
extension) during which they will be able to complete the administrative
formalities for permanent registration.
The application for
registration of a ship under the Cyprus flag must be made by a local lawyer to
the Minister of Communications and Works through the Registrar of Cyprus Ships.
In practice, the Registrar will also accept the submission of applications for
registration of ships on behalf of companies under formation, so that the
incorporation of the company and registration of the ship can progress
simultaneously. However the company must be duly
incorporated prior to the registration of the vessel.
A ship may be
provisionally registered under the Cyprus flag either in Limassol, by the
Registrar of Cyprus Ships or at any diplomatic mission or consular post of the
Republic of Cyprus abroad (hereinafter referred to as "consular officer") who
will act on instructions issued by the Registrar of Cyprus Ships.
At the time of her
provisional registration under the Cyprus flag a ship must be at a port so that
she can be surveyed and certified on behalf of the Cypriot government. The
presence of the ship at the port or place where the provisional registration
will be effected is not necessary.
Application for Provisional Registration
In order to enable the Registrar of Cyprus Ships to initiate the procedure for
the provisional registration of a ship, the following information is required:
- name of the vessel and her flag at the time of the
application;
- name of the person (legal or natural) applying for
the registration of the vessel;
- name of the vessel under which she will be
registered;
- particulars of the vessel (type, year of build, date
keel of the vessel was laid, gross and net tonnage);
- name of the classification society with which the
ship is entered. If the owners of the vessel contemplate a change of the
classification society on acquiring the vessel this should also be stated;
- Declaration of Particulars for ISM Code (Form
ISM01/Revision02);
- intended trading area of the vessel;
- place where the vessel will be at the time of her
provisional registration, if known. This must be communicated to the
Registrar of Cyprus Ships prior to the provisional registration;
- the consular office where the owners wish to effect
the provisional registration of the vessel;
- name and address of the shareholders and directors
of the company in whose ownership the vessel will be registered.
Change of Ship's Name
If a change of the ship’s name is contemplated, 3 days must elapse between the
day on which the application is submitted to the Registrar of Cyprus Ships and
the day on which the ship may actually be registered and her name changed.
Recognised Classification Societies
It should be noted that the vessel must be classed with one of the
classification societies that the Cypriot Government recognises. These are listed
in Appendix 5.
Recognised Radio Traffic Accounting Authorities
It should be noted that the vessel must be covered by one of the radio traffic
accounting authorities which the Cypriot Government recognises. These are listed
in Appendix 6.
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.
Point of Service Activation (P.S.A.)
For the purpose of activation/deactivation for maritime mobile earth stations,
vessels should nominate their preferred PSA that the Cypriot Government
recognizes.. These are listed in Appendix 7.
Supporting Documentation/Information
The following documents/information must be forwarded to the Registrar of Cyprus
Ships together with the application for the registration of the vessel or must
reach the Registrar on a later date soon thereafter but in any case prior to the
dispatch of instructions for the provisional registration of the vessel under
the Cyprus flag:
All documents should be duly executed where applicable.
- Memorandum and Articles of Association of the
Cypriot Company*
- Certificates of Incorporation, Directors and
Secretary, Shareholders and Registered Office of the Cypriot
company*
In the case of companies established in the EU or EEA or established outside
the EU or EEA but controlled by citizens of the EU or EEA, a Notarial
Certificate issued by a Notary Public or the competent authority of the
relevant State can be submitted instead of the documents mentioned above.*
- Resolutions of the Directors of the Company for the
purchase of the vessel and its registration in the Cyprus Registry
- Power of attorney authorising the person who will
sign all the necessary documents on behalf and on account of the Company
- Bill of Sale/ Builder’s Certificate
- Certificate of Deletion of the vessel/ Certificate
of Ownership and freedom of encumbrances from the previous registry
- Confirmation of Radio Traffic Accounting Authority**
- Confirmation of Vessel’s Classification Society
(where applicable)
- Continuous Synopsis Record (C.S.R.)** (Only forms
submitted with initial application)
- Declaration of ownership (M.S.3 or M.S.2)
- Appointment of Authorised Representative ***
- Registration of a Mobile Maritime Radio Station
(M.S.34) and copy of Shore Based Maintenance Agreement
- Registration of SAR Particulars (M.S.45)**
- ISM forms (Circular 54/2004) where this is
required**
- In the case of Parallel Registration in a Foreign
Register, a Certificate of Parallel Registration from the foreign registry.
- (i) Declaration of Conformity (ii) EC Type
Examination Certificate from a Notifying Body (iii) Owner’s Manual-in the
case of pleasure craft under 24 metres.
* In the case of an individual, this is replaced
with the Identity Card or Passport
** Does not apply to non-convention ships
*** In the case of a corporation established in the European Union (EU) or the
European Economic Area (EEA) or outside the EU and the EEA but controlled by
citizens of the EU or EEA.
If the vessel falls within the ambit of the Government
Policy for the Registration of vessels under the Cyprus flag then the additional
requirements and/or conditions imposed therein must be satisfied prior to her
registration.
If the provisional registration will take place at a
diplomatic mission or consular post of the Republic of Cyprus abroad, some of
the required documents can be deposited there, upon the Registrar’s written
instructions.
Upon receipt of the required documents, the Registrar of
Cyprus Ships, or the consular officer of the Republic as the case may be, will
then proceed with the provisional registration of the vessel.
Completion of Provisional Registration
Provided that the relevant fees have been paid and all the necessary
documentation has been deposited either with the Registrar of Cyprus Ships or
with any diplomatic mission or consular officer of the Republic, the Registrar
or the consular officer who has been instructed to carry out the ship’s
provisional registration will proceed to:
- issue a Provisional
Certificate of the Cyprus Registry (form MS.5), which is valid for 6 months
from the date of issue;
- issue a provisional radio
licence;
- advise the vessel’s
classification society that it may proceed with the survey and certification
of the vessel on behalf of the Cypriot government.
The shipowner must ensure
that the ship does not leave the port where she is lying unless and until she
has been duly surveyed and certificated by her classification society on behalf
of the Cypriot government.
Extension of Provisional Registration
A 3 month extension of the ship’s provisional registration may be obtained,
provided the provisional certificate of Cyprus Registry has not expired and the
appropriate extension fees have been paid. For this purpose an application has
to be made by the local lawyer acting on behalf of the registered owner to the
Minister of Communications and Works through the Registrar of Cyprus Ships,
requesting the extension of the ship’s provisional registration. In the said
application, the consular officer of the Republic to whom the Provisional
Certificate of Cyprus Registry will be presented for extension should be stated.
The Registrar of Cyprus Ships will consider the application and will proceed and
instruct the consular officer indicated above to effect the necessary
endorsement of the Provisional Certificate of the Cyprus Registry.