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Commercial registration

Discussion in 'General Yachting Discussion' started by world citizen, Jul 10, 2006.

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  1. world citizen

    world citizen New Member

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    Jul 10, 2006
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    Location:
    Greece
    Dear all,

    Good day to everybody. I currently built a mega yacht which should be commercial, and it is quite a headache. The boat is of course MCA compliant over 500 grt and I would like a first info regarding registration.

    The ownership/ management company will be inside European union , and I am thinking of having a Cayman island flag so as to have freedom with crew nationalities. Do we have to pay VAT in that case? Do I have to enter European Union waters for certain period and then sell again outside ? is it preferable to have a European Union Flag such as Malta for example?

    Of course I will seek advice for specialists in due time but any first info will be highly appreciated !!

    Thank you all
  2. Yachtguymke

    Yachtguymke Senior Member

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    May 8, 2004
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    Location:
    New Hampshire
    Maritime Attorney

    You may be at the point where you should consult with a Maritime Attorney that is familiar with your situation. It is better to spend the money on consultation to make sure that the issues in question are handled by someone with great knowledge. If you need international contacts for these services - let me know. I can email you the contact info.
  3. MYCaptainChris

    MYCaptainChris Senior Member

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    Location:
    Melbourne Beach FL
    be aware

    if you plan on spending any time in the usa, be aware that they do not issue cruising permits to commercial vessels.
    So you can come for refit but can't go anywhere else.
  4. Ken Bracewell

    Ken Bracewell Senior Member

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    Somewhere Sunny
    That's good info. Thanks Chris- I'll file that in the back of my head.
  5. sailronin

    sailronin Senior Member

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    Location:
    North Palm Beach, Fl.
    One of the advantages of Marshall Islands registry is that the Marshall Islands allow a vessel under private registry to do a limited numbers of charters per year (I believe it is 12 weeks) while remaining a private yacht. This allows the vessel to receive a US cruising license for either 90 or 180 days (depending on where the builder was located) so that you may cruise US waters with only a phone checkin at each new port (you call customs and inform them that you are a foreign flagged vessel, with a valid cruising license relocating from one US port to another US port. This is required of all foreign flagged yachts but with a cruising license is a simple phone call and no paperwork or fee.)
    Most countries require commercial registry if you are going to do any charter, so Marshall Islands 12 weeks per year is a good alternative if your owner plans mostly private use with just a few charters during the year.

    Dave
  6. CNRocks

    CNRocks New Member

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    Jan 18, 2006
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    Location:
    USA East Coast
    Suggest We Develop Good Registration Info Source Library

    Seems like figuring out registration and flagging issues is harder than quantum mechanics ---- Sooooo ..... I think it would be great to collect in one place everyone's best sources or contacts for best practices on chosing the best flag -- such as identifying the best articles, treatise, sourcebooks, and maritime lawyers etc for the benefit of all and so we don't have to reinvent the wheel.


    Anybody want to be the first to start this off by making suggestions?

    Cheers,
    CNRocks
  7. world citizen

    world citizen New Member

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    I think this is a great idea. i am very happy to see that the team is building up.
  8. JWY

    JWY Senior Member

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    Location:
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    I have used Michael Moore as my maritime attorney and have recommended him to clients for probably ten years. He's got the credentials, experience, knowledge, wisdom, and common sense that make his services invaluable, but he's also very accessible and accommodating. Michael and his paralegal Gail Wasserman worked some magic on a tough closing two weeks ago: foreign buyer, foreign seller, foreign boat, and seller's attorney who was close to illiterate as well as non-responsive. Oh, and the buyer who hired Michael only agreed to do so 2 days before scheduled closing. And the work always seems to be done with a smile and appreciation. Gee, somebody actually likes brokers? www.moore-and-co.net
  9. lwrandall

    lwrandall senior member

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    Baltimore
    Which builder locations get 90 days and which get 180 days or do you mean what flag the yacht is under determines length of permit? I have not heard of this before. It would be interesting to know why some get a longer permit than others. Political? Economic? Diplomatic?
  10. sailronin

    sailronin Senior Member

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    Location:
    North Palm Beach, Fl.
    The cruising permit can be 180 days for a yacht built in the USA (even though it is foreign flagged), vessels built outside of the US will normally have a 90 day cruising permit.

    Dave
  11. chiefengineer00

    chiefengineer00 New Member

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    Management?

    In addition to a good maritime attorney you might consider a Yacht management company to handle your ISPS and ISM issue's which will start to rear there ugly heads soon.
    I have work with Fraser Yachts in the past and they are first rate with that stuff and have offices all over the world.
    Main guy there is Frank Brand # in Ft. Lauderdale is 954 463 0640 I dont have there Monoco office number.
  12. world citizen

    world citizen New Member

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    Thanks,

    i have been DPA in shipping companies so i am familiar with the kingdom of paper.

    Registration is a big issue and that is why besides the attorney i would like to listen other people experiences as well.
  13. airship

    airship Senior Member

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    Jul 2, 2006
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    Location:
    French Riviera...
    Bearing in mind that this advice is free... :)

    Application of French TVA (value-added, or sales tax) on supplies (equipment, services, fuel etc.) to commercially-registered yachts in French waters:

    Your French supplier can now supply these yachts under a simplified procedure. They will require a copy of the yacht's registration. A copy of the crew list. And a copy of a recent charter agreement.

    The last requirement of a recent charter agreement is to ensure that "commercial yachts" which are in practice, used solely by their (beneficial) owners and do not actually charter to 3rd parties, don't benefit...and continue to pay French TVA @19.60%?! :eek: