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The main types of vessel registration in Cyprus are Provisional, Permanent and Parallel 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:

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name of the vessel and her flag at the time of the application;

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name of the person (legal or natural) applying for the registration of the vessel;

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name of the vessel under which she will be registered;

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particulars of the vessel (type, year of build, date keel of the vessel is laid, gross and net tonnage);

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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;

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Declaration of Particulars for ISM Code (Form ISM01/Revision02);

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intended trading area of the vessel;

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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;

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the consular office where the owners wish to effect the provisional registration of the vessel;

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name and address of the shareholders and directors of the company in whose ownership the vessel will be registered.

 

Recognised Classification Societies

It should be noted that the vessel must be classed with one of the classification societies that the Cypriot government recognises: ABS, LRS, DNV, BV, GL, RINA, HRS, NKK, KRS, CCS, RS, PRS

 

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. All maritime radiocommunications 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.

 

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 event prior to the dispatch of instructions for the provisional registration of the vessel under the Cyprus flag:

 

All documents should be dully executed where applicable.

 

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Memorandum and Articles of Association of the Cypriot Company*

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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 Republic 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.*

 

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·     Resolutions of the Directors of the Company for the purchase of the vessel and its registration in the Cyprus Registry

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Power of attorney authorising the person who will sign all the necessary documents on behalf and on account of the Company

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Bill of Sale/ Builder’s Certificate

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Certificate of Deletion of the vessel/ Certificate of Ownership and freedom of encumbrances from the previous registry

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Confirmation of Radio Traffic Accounting Authority**

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Confirmation of Vessel´s Classification Society (where applicable)

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Continuous Synopsis Record (C.S.R.)** (Only forms submitted with initial application)

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·     Declaration of ownership (M.S.3 or M.S.2)

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Appointment of Authorised Representative ***

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·     Registration of a Mobile Maritime Radio Station (M.S.34) and copy of Shore Based Maintenance Agreement

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Registration of SAR Particulars (M.S.45)**

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ISM forms (Circular 54/2004) where this is required**

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·     In the case of Parallel Registration in a Foreign Register, a Certificate of Parallel Registration from the foreign registry.

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(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 Republic 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:

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issue a Provisional Certificate of the Cyprus Registry (form MS.5), which is valid for 6 months from the date of issue;

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issue a provisional radio licence;

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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.

 

Permanent Registration

The permanent registration of a provisionally registered vessel must be effected within 9 months (if the 3 month extension has been obtained) from the date on which she was provisionally registered.

 

Application and Documentation

The following documents must be submitted to the Registrar of Cyprus Ships in addition to the documents required for the provisional registration:

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·     Certificate of Survey (form MS.1) and Tonnage Certificate (form M.S.12 or M.S.12A or M.S.12B depending on the type of vessel) from a recognized Classification Society.

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·     Ship’s Carving and Marking Note (M.S.32)

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·     The following International Certificates from a recognized Classification Society*
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International Load Lines Certificate

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Cargo Ship Safety Equipment Certificate **

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Cargo Ship Safety Construction Certificate**

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Cargo Ship Safety Radio Certificate**

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International Oil Pollution Prevention Certificate

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International Safety Security Certificate

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·        Safety Management Certificate (SMC) where this is required

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·         Confirmation of the Customs Department on the payment of V.A.T. where applicable.

 

*      Does not apply to non convention ships

**    In the case of a passenger ship, this is replaced with the Passenger Ship Safety Certificate.

 

If the vessel falls within the ambit of the Government Policy for the Registration of vessels under the Cyprus flag then the applicable requirements or conditions under which her registration has been approved should be complied with.

 

Measurement of the Ship's Tonnages and Ship's Carving and Marking
The Certificate of Survey and the Cyprus Tonnage Certificate or International Tonnage Certificate (1969) may be prepared by any one of the classification societies recognised by the Cypriot Government or by the Department of Merchant Shipping.

 

After receipt of the aforementioned forms, the Registrar of Cyprus Ships allots to the ship her official number (which for ships over 100 GT is identical to the IMO number) and issues the ship’s carving and marking note which is given to the owner. The owner should ensure that his ship is marked in accordance with the requirements of section 8 of the Merchant Shipping (Registration of Ships, Sales and Mortgage) Law, 45/63 as amended.

 

The owner must then ask 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. When the surveyor is satisfied that these have been made in accordance with the requirements of the aforesaid section, he will complete and sign the lower part of the note, verifying that these have been carried out and return it to the owner.

 

The owner should forward the duly verified Ship’s Carving and Marking Note to the Registrar of Cyprus Ships in order to enable him to proceed with the permanent registration of the vessel.

 

Certificate of Cyprus Registry

After receipt of all the documents set out in the previous section, and provided the appropriate fees have been paid, the Registrar of Cyprus Ships will proceed with the permanent registration of the vessel and the issue of the Certificate of Cyprus Registry (form M.S. 4 or M.S.4B).

 

The Register of Cyprus Ships

Transfers, transmissions and mortgages (registration/ discharges) must be recorded in the Register of Cyprus Ships. The relevant application must be submitted to the Registrar and the relevant documents may be deposited with the Registrar or a consular officer.

 

Change of Ship's Name

A change of the ship’s name may be effected by submitting an application to the Registrar. When the change of name is approved, a period of 3 days must lapse from the date of application before the new name can be marked on the ship and the ship’s documents be endorsed to this end. It should be noted that no two ships registered under the Cyprus flag may have either the same or closely similar names.

Deletion
A Cypriot ship has to be deleted from the Register of Cyprus Ships as soon as more than half of the shares in the ship are sold to a person or company not entitled to own them under the merchant shipping legislation. 

A Cyprus ship maybe deleted from the Registry upon the submission of an application by the owner of the ship in order for the same to be registered in a foreign registry.

No export license is required for the deletion of a vessel from the Register of Cyprus Ships. A deletion certificate or a closed transcript of registry is issued as soon as the registered mortgages and other encumbrances are discharged and all matters pending with the Registry, including financial obligations, are settled.

 

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