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PARALLEL REGISTRATION OF VESSELS
A) Foreign registered vessels registered in
parallel under Cyprus flag (Law 57/86)
- Parallel registration of vessels is the registration of a
vessel (for a certain period of time) in the Cyprus Registry whilst the vessel keeps her
foreign registration
Parallel registration is allowed provided the vessel is bareboat chartered by a Cyprus
shipping company. Deletion from her previous registry is not required, but during parallel
registration the legal status of the vessel with her previous registry is suspended except
as far as the particulars of the vessel and the creation, registration and deletion of the
mortgages or other legal charges is concerned.
Bareboat chartering for the purpose of this law is the chartering during which the
charterer acquires (during the time specified) the full control and possession of the
vessel, her maritime administration, operation and management, the right to appoint and
dismiss the captain and the crew and the undertaking of the liabilities against third
parties. In general the charterer is acting as if he were the owner of the vessel except
for the right to sell or mortgage the vessel.
- Once the vessel is qualified as above mentioned the
registration is effected with the registration of the foreign vessel in the "Special
Register for Parallel Registration of the Cyprus Registry" which is kept specially
for this purpose and for such period of time as the appropriate Minister shall approve
subject to the following conditions:
- the law of the country of the foreign vessels Registry
allows the parallel registration of vessels in their Registry
- the vessel fulfills the requirements of being registered
under the Cyprus flag
- an application is made together with the following documents
(duly certified):
- a copy of the charterparty (in lieu of the title of
ownership and the declaration of ownership)
- a copy of the resolution of Directors of the bareboat
charterers
- power of attorney
- written consent of the owner of the vessel
- written consent of the relevant appropriate authorities of
the country where the vessel is registered, containing also a confirmation as to the
ownership and the mortgage or other legal charges of the vessel (if any exist)
- written consent of the mortgagees
- the documents required for the permanent registration of a
vessel under Cyprus flag
A new measurement of a tonnage of the vessel is not required as the certificate of survey
and the tonnage certificate shall be issued on the basis of the corresponding certificates
of the foreign registry. Any new changes affecting the tonnage or the description of the
vessel follow the same rules applicable for the Cyprus Registry. In case of such changes
the Cyprus Shipping Authorities shall notify the appropriate maritime authorities for the
foreign vessel.
- The fees payable are those paid for the registration of
vessels in the Cyprus Registry. The annual fees and charges are those payable for ships
under Cyprus flag and are prepaid at the time when registration is made and are not
refundable.
- During the time of parallel registration the vessel bears
the Cyprus flag, and the Cyprus port of registry. Any change of name, however is allowed
upon the application of the charterer accompanied by the written consent of the owners and
mortgagee (subject to the same rules for the changes of name of the vessels registered
under Cyprus flag). The shipping authorities of the country of the foreign vessel are
notified immediately after a change of name.
- During the time of parallel registration the Cyprus
authorities issue a Certificate of Parallel Registration, similar to the Certificate
issued for vessels registered under Cyprus flag. This certificate contains the same
particulars applicable to ships registered under Cyprus flag, as well as the particulars
of the shipowner, the charterer, the foreign registry, and the time during which the
vessel maintains the parallel registration.
- The extension of the status of parallel registration is
allowed with the re-registration of the vessel in "Special Register for Parallel
Registration of the Cyprus Registry" provided the same reason and conditions are
fulfilled as in the first instance. The fees payable are the same as in the first
instance.
- Mortgages or other legal charges are not affected by
parallel registration. Any mortgage or legal charge created after the date of parallel
registration may be registered in the Foreign Registry according to the law of that
Foreign Registry.
- The transfer of ownership for any legal cause is governed by
the law of the country of the foreign registry. Such transfer however must be recorded in
the "Special Registry for the Parallel Registration".
- The revocation of the status of the parallel registration
and deletion from the "Special Registry for the Parallel Registration of the Cyprus
Registry" is made in the following cases:
- in case the shipping authorities of the country of the
foreign vessel revoke their consent for such parallel registration
- upon termination of the charterparty
- upon the lapse of time for which the registration was made
- if any of the reasons for the deletion of ships according to
the Cyprus Shipping Laws exist
As soon as such deletion takes place the Cyprus Shipping
Authorities issue the relevant deletion certificate.
B) Parallel registration of Cyprus flag vessels
under foreign registry (Law 64/87)
Cyprus flag vessels are allowed to be registered in foreign
Registries parallel with their Cyprus registration under the following conditions:
- the approval of the Ministry of Communications and Works is
granted
- such approval is granted to ships permanently registered
under Cyprus flag; however the approval may be granted to vessels registered provisionally
under Cyprus flag under certain conditions imposed by the Minister.
- The application for the parallel registration must be made
by the shipowner and must be accompanied by the following documents
- Copy of the charterparty
- Written consent of the charterers
- Written consent of the relevant maritime authorities of the
country of foreign registry and confirmation that the law of the country allows parallel
registration of the Cyprus flag vessel into its registry
- Written consent of the mortgagees
- Joint statement by the owner and the charterer that they
undertake to furnish the Registrar, within one month, with a certified copy of the foreign
certificate of the parallel registration and to notify every alteration effected to the
name or other particulars of the ship during the time the vessel is in parallel
registration.
The status of such parallel registration is
in force for as long as the above conditions are adhered to. The Minister, upon an
application made by the shipowner and with the consent of the mortgagees, may prolong that
period if the reasons and/or conditions specified by the law continue.
During the time of parallel registration
the vessels bear the flag of the foreign registry.
The Cyprus certificate of the registration
of the vessel is returned to the Registrar who keeps it until the expiration of the status
of the parallel registration.
During the time of the parallel
registration the Cyprus Registry is suspended except for the transfer of ownership, the
existence, formation, registration, transfer an deletion of mortgages.
The vessel, during that time, is subject to
the same annual fees and other financial conditions (except crew fees and wireless or
radiotelegraphy fees) which are prepaid for the whole period of the parallel registration
at the time of approval.
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