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 | | | | | The registration of mortgages in MAR allows the parties (borrower and lender) to choose the law that will govern the mortgage.
If the parties mutually select any other jurisdiction to govern the mortgage, they will have to sign a document stating this intent and indicating the chosen jurisdiction. A copy of the respective legislation, translated to Portuguese, must be attached to said document.
If said document is not signed, Portuguese law will be applicable.
To prepare the registration of the mortgage, we need the following documents to be sent to us:
a) If the mortgage is based on a loan contract already signed by the two parties and they wish to register the loan contract - a copy of this contract translated to English, French, Spanish or Portuguese;
b) If such a contract does not exist or the parties do not wish to register it, we must be provided with the following data: the loan value, expiry date, the payment method, interest, the definition of who pays the interest, and other clauses reinforcing the bank guarantee that are deemed essential to the mortgage.
The currency used will be that defined by the parties. | | |  | |
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| | | | | Safety manning proposal
The owner of a ship or its operator must include a proposal for minimum safety manning when submitting a vessel registration application to MAR. This proposal must be duly justified and furnished with the following data so that MAR may be able to correctly assess the submitted proposal and, consequently, define the crew composition: the ship´s intended navigation area; gross tonnage, net tonnage, length, hull width and draft; radio communication equipment and navigation aids on board; hp power of the ship´s machinery and whether it is UMS machinery or not.
STCW 78/95 certificates of competence
A requirement that must be complied with by all owners/operators of vessels is the endorsement of the certificates of competence of officers of the crew in conformity with STCW 78, taking into consideration the subsequent amendments of 1995. This endorsement is provided by the Portuguese authorities, in the capacity of the Maritime Transport and Ports Authority - IPTM, relative to foreign seamen on board vessels registered or to be registered in MAR.
Owners must supply, to this end, the following documents together with applications to IPTM:
- Correctly completed application form;
- 2-3 photographs;
- Copy of the seaman´s book or equivalent;
- Copy of the passport or national ID card;
- Copy of the Certificate of Competence;
- Copy of a medical certificate, duly certified by a notary public or by a maritime authority.
Any application that does not comply with these requirements will be rejected and returned to the applicant.
In relation to the abovementioned endorsement concerning management skills, the seaman must pass an examination on Portuguese maritime legislation during the period of validity of the respective Statement of Receipt of Application. This term of validity is 90 days, and if the examination is not passed during said period, the application will be refused.
IPTM will provide a version of the referred to legislation in English jointly with the Application´s Certificate of Receipt.
Documents to be submitted to MAR´s Technical Commission whenever a crew member...
... boards the vessel
A) RIN-MAR Certificate of Service (signed by the captain and bearing the ship´s stamp);
B) Copy of personal ID document (passport);
C) Copy of the seaman´s book;
D) Certificate of Competence (STCW) for Portuguese officers or Endorsements of Certificates of Competence (STCW78/95 for non-Portuguese officers);
E) Medical inspection report;
F) Copy of GMDSS/Radio Operator Certificate (whenever applicable);
G) Copy of employment contract.
... comes ashore
A) RIN-MAR shore pass (signed by the captain and bearing the ship´s stamp).
Nationality of crew The captain and 50% of the minimum safety manning have to be European nationals and/or nationals of an official Portuguese-speaking country (Portugal, Brazil, Cape Verde, Guinea-Bissau, Angola, Mozambique, São Tomé and Príncipe, East Timor). Vessels owned by Spanish nationals are also authorised to have crew from official Spanish-speaking countries.
Crew of pleasure yachts
Taking into consideration the characteristics of the yacht, in particular the installed power and its navigation area, MAR´s Technical Commission will define the most suitable safety manning, based on the applicant´s proposal.
All crew members must possess documents proving their professional qualifications or those required by law, in accordance with the yacht´s characteristics and respective area of navigation and, if the crew members are not Portuguese nationals, their professional portfolio and licences must be endorsed by Portugal´s maritime and port authority - IPTM.
Pleasure yachts can only sail under the command of those holding documents proving possession of the minimum qualifications to sail or proving that they are a registered crew member. Notwithstanding these provisions, a pleasure yacht for commercial use, with a length no greater than 24m, can be registered with or without crew.
Social Security
The crew members of vessels registered in MAR are not obliged to contribute to the Portuguese social security system. This fact does not affect their obligation to comply with minimum standards defined by ILO - International Labour Organization and other international conventions legally in force in Portugal.
Natural person´s income tax
The crew members of vessels registered in MAR are exempt from paying income tax in Portugal on the income received in this capacity, and while the vessel´s registration is valid. | | | | |
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| | | | | Temporary registration in MAR is valid for an initial period of two years. This can be subsequently renewed, according to the terms of the bareboat charter, and on official application to that end by the vessel´s operator/charterer or its local legal representative, and as long as all parties involved expressly consent to said renewal, namely the vessel’s title deed, the owner of the vessel and its mortgage(s) creditor(s).
Of further note is the fact that if any changes occur regarding the details of the registered vessel, namely change of ownership, MAR must be immediately notified of such alterations. As a result of any alterations, MAR will review the vessel´s MAR registration requirements, in order to ensure full compliance and to renew the registration of the vessel in MAR under the new circumstances. | | | | |
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| | | | | Cancellation of registration |
Permanent registration
The following steps must be executed to cancel the permanent registration of a vessel in MAR:
1- Request the cancellation of the vessel´s registration, specifying the reason(s);
2- Submit the Certificate of the vessel´s new Register at the same time as the cancellation request - even if this is still provisional;
3- Return all documents issued by MAR, namely the ownership certificate, passport and manning certificate. The ownership certificate is essential, as the cancellation of registration must be recorded on the same;
4- Finally, the fee of EUR 650.00 is charged by the MAR Technical Commission to effectively cancel the registration. The cost of any declarations and certificates that are or may need to be issued as well as any other pending payments are not included in this fee.
Temporary registration
The following steps must be executed to cancel the temporary registration of a vessel in MAR:
1- Request the cancellation of the vessel´s registration, specifying the reason(s);
2- Submit the Certificate of the vessel´s new Register at the same time as the cancellation request - even if this is still provisional;
3- Return all documents issued by MAR, namely the temporary registration certificate, the provisional passport and the manning certificate;
4- Finally, the fee of EUR 650.00 is charged by the MAR Technical Commission to effectively cancel the registration. The cost of any declarations and certificates that are or may need to be issued as well as any other pending payments are not included in this fee. | | | | |
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| | | | | Ship´s logbooks may be requested of MAR´s Technical Commission whenever necessary, using the respective form. The legal representative will agree with MAR the delivery arrangements of the same in the register´s offices and will send them to their destination by mail, according to the instructions received by the vessel´s owner or its operator. | | | | |
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| | | | | The ship´s radio station licence is issued by the Portuguese maritime authority - IPTM. The vessel registration applicant - the respective owner or operator - must complete a form* that will be submitted to IPTM through MAR´s Technical Commission. IPTM will then immediately issue a provisional licence, valid for 6 months, on confirmation that the required radio equipment is functioning correctly and in compliance with Portuguese legislation and regulations. The parties will set a date, in the meantime, for an inspection of the radio equipment on board the vessel. This will be implemented directly by IPTM inspectors or by a recognised like organisation of the country in which the inspection will be carried out. A list of the entities recognised by IPTM can be viewed here.
*Click on the link with the right-hand mouse button to save the document to your computer.
Radio station licensing entities
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PORTUGAL |
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IPTM - INSTITUTO PORTUÁRIO E DOS TRANSPORTES MARÍTIMOS
Rua General Gomes Araújo, Alcântara - 1399-005 LISBOA
Tel. 21 391 45 00; Fax: 21 391 46 00 |
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DENMARK |
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DANISH MARITIME AUTHORITY
BUNDESAMT FÜR POST UND TELEKOMMUNIKATION DEUTSCHE TELECOM A.G.
General Direktion Bonn |
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GERMANY |
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MINISTERIE VAN VERKEER EN WATERSTAAT SCHEEP VAARTINSPECTIE, ROTTERDAM |
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THE NETHERLANDS |
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MINISTERO DELLE COMUNICAZIONE |
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ITALY |
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NORWEGIAN MARITIME DIRECTORATE |
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NORWAY |
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MINISTERIO DEL FOMENTO - DIRECCIÓN GENERAL DE LA MARINA MERCANTE
Su-Dirección General de la Inspección Marítima
Área de inspección radio-marítima |
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SPAIN |
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AGENCE NATIONALE DE FRÉQUENCES |
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FRANCE |
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Stations Radioélectriques de Navires |
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Contact |
Feel free to get in touch with us by e-mail, telephone, fax, or on location
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