News and developments

Stelios Americanos & Co LLC Shipping Practice

The

Cyprus flag has had unprecedented success in the last few years, rising to a

position of prominence in world shipping.

Shipping

is dominant in Cyprus due to the country’s excellent geographical position, the

significant number of bilateral treaties for the avoidance of double taxation

concluded by Cyprus and the favourable taxation regime which has been

maintained even after the accession to the European Union.

A.         Ship Registration

In accordance with the relevant

law in force all registry transactions and/or applications with respect to

ships and ship registration must be effected by a local lawyer.

A vessel may only be registered

in the Registry of Cyprus Ships if:

  •     More than fifty percent (50%)
  • of the shares of the ship are owned: by Cypriot citizens or

    by citizens of other Member States who in the instance of not being permanent

    residents of the Republic will have appointed an authorised representative in

    the Republic of Cyprus, or

  •   The total (100%) of the shares
  • of the ship are owned by one or more corporations, which have been established

    and operate:

  • in accordance with the laws of

    the Republic of Cyprus and have their registered office in the Republic, or

  • in accordance with the laws of

    any other Member State and have their registered office, central administration

    or principal place of business within the European Economic Area and which will

    have either appointed an authorised representative in Cyprus or the management

    of the ship is entrusted in full to a Cypriot or a Community ship management

    company having its place of business in Cyprus, or

  • outside Cyprus or outside any

    other Member State but controlled by Cypriot citizens or citizens of Member

    States and have either appointed an authorised representative in Cyprus or the

    management of the ship is entrusted in full to a Cypriot or a Community ship

    management company having its place of business in Cyprus.  The

    corporation is deemed to be controlled by Cypriots or citizens of any other

    Member States when more than 50% of its shares are owned by Cypriots or

    citizens of any other Member States or when the majority of the Directors of

    the corporation are Cypriot citizens or citizens of any other Member State.

    B.         Types of Registration

    A. Provisional Registration

    B. Permanent Registration

    C. Parallel Registration

    C.         Formation of a Cyprus Shipping company

    The first step to be taken by

    all non-European ship owners who wish to register a vessel under the Cyprus

    flag is to form a Cyprus Shipping Company which will acquire the vessel in its

    name.

    The company is registered as a

    private company with limited liability (limited by shares) under the provisions

    of the Cyprus Companies Law, Chapter 113, as amended.

    The filing of the Memorandum

    and Articles of association with the Registrar of Companies has to be in

    Greek.  The time usually required for such incorporation is about 7 days

    from the filing of the incorporation documents.  The Memorandum of

    association must contain the objects of the company, set out as widely as

    possible.  For a shipping company, the objects usually include the

    ownership and operation of vessels, the borrowing of money, mortgaging of the

    vessel, etc.

    The registered office of such

    company is usually situated at the offices of either the lawyers who have

    incorporated the company in Cyprus or the accountants who act for the company,

    unless the company has a more substantial presence in the island and operates

    from fully fledged offices or has a sister management company or affiliate

    here. The registers and minute-books are kept with the secretary of the

    company.

    D.         The economic benefits of a Shipping company:

  • No tax on profits from the operation

    or management of a Cyprus registered vessel or on dividends received from a

    vessel owning company.

  • No capital gains tax on the

    sale or transfer of a Cyprus-registered vessel or the shares of a vessel owning

    company.

  • No estate duty on the inheritance

    of shares in a ship-owning company.

  • No stamp duty on ship mortgage

    deeds or other security documents.

  • Double tax treaties with 42

    countries.

  • No exchange control and freedom

    of movement of foreign currency.

  • Full protection for financiers

    and mortgagees.

  • Low set up and operating costs

    for companies.

    E.         Other advantages when registering a vessel in Cyprus

  • EU flag

  • Classification

    of Cyprus flag in the White List of the Paris and Tokyo MOUs resulting in fewer

    inspections of the ships and less delays at the ports of both MOUs.

  • Maritime

    offices in New York, London, Rotterdam, Piraeus, Brussels and Hamburg offering

    services to Cyprus ships.

  • A

    network of inspectors of Cyprus ships, covering important ports worldwide.

  • Signatory

    to all international maritime conventions on safety and pollution prevention.

  • Bilateral

    agreements with 29 countries in the field of Merchant Shipping.

  • Efficient

    and qualitative provision of services by the Department of Merchant Shipping.

    F.         Our Services

    The

    firm provides a wide spectrum of services in this field advising owners,

    managers, charterers, freight forwarders and their respective insurers in

    respect of:

  • Conducting searches on ships

    files kept with the Department of Merchant Shipping

  • Ship registration under the

    Cyprus flag

  • Claims for loss or damage to

    cargo

  • Freight disputes

  • Collisions and salvage claims

  • Disputes under shipbuilding and

    repairing contracts

  • Financing, security and the

    enforcement of mortgages

  • Problems relating to the

    employment of officers and crew

  • Personal injury claims

  • Choice of flag and registration

  • Aviation matters including

    aircraft registration and finance