Yacht Registration: Flag Choice

Yacht Registration: Flag Choice

One of the most critical decisions a yacht or other vessel owner has to make concerns registering it. The choice of flag impacts many aspects, such as the taxes that need to be paid, privacy issues, exposure to liability and freedom to travel. However, there are responsibilities with choosing particular states for registration.

At Schlun & Elseven Rechtsanwälte, we are a full-service law firm based in Germany. We work with clients worldwide on complex legal issues, and our team of yacht lawyers is here to advise you concerning all issues related to yacht registration and flag choice.

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Full-service legal support with registering yachts in Germany.

We will assess the bureaucratic demands so you can proceed with peace of mind.

Yacht Registration & Flag Choice: Crucial Considerations

There are several critical factors that yacht owners need to consider during the process of yacht registration and determining the best flag choice. Such factors consider the purpose of yacht use, where it was bought, and where the owner intends to sail it, among others. The importance of such elements is based mainly on your individual circumstances, and yacht owners should consult with professional counsel before making such a crucial decision. Some factors to consider are:

  • The type and size of the yacht: Should the vessel be over 24m in length, it will likely be considered a superyacht or megayacht. There are different rules for yachts of that size compared to smaller boats.
  • Nationality of the yacht owner.
  • Nationality of the crew.
  • The area of navigation.
  • The intended use of the yacht: Different rules apply for commercial yachts compared to those for personal use. Due to the nature of carrying additional passengers, commercial yachts are subject to stricter safety rules. Private yachts are those that are solely used for the private purposes of the owner. Commercial yachts allow the owner to profit from the use of the vessel, and therefore tax considerations play a significant role in flag choice.
  • Registration procedure: The registration procedure varies significantly between countries. Some countries where it is easier to register may not have the required reputation (see below), while those with overly complex registration systems may not be suitable for your needs. Navigating the registration procedure can be time-consuming, and advice from professionals is recommended.
  • Tax considerations: Yacht owners need to be aware of various tax considerations depending on the use of their boats. There are sales taxes when purchasing or selling a yacht; when storing the vessel, there may be use taxes and property taxes. Inheritance tax and inheritance procedures may also need to be examined in advance.

Choosing a respectable location for your yacht registration can play a vital role. An exemplary location refers to the Flag State’s enforcement of international environmental safety procedures and standards and international regulations compliance. Choosing such a location will also provide the yacht owner with a greater likelihood of political and economic stability. Choosing a Flag State with a poor reputation can lead to your vessel being targeted by the Port States, which can negatively impact your sailing experience.

The Paris Memorandum of Understanding on Port State Control (Paris MoU)

Ensuring that your vessel is registered to a country or territory deemed respectable is crucial. Port State Control (PSC) plays a role when your ship seeks to dock in ports of other countries. It involves the inspection of foreign ships in national ports to ensure that the ship’s condition is in line with international regulations and that the vessel is operated in compliance with these rules.

Registering with a country that follows the Paris Memorandum of Understanding on Port State Control (Paris MoU), and is deemed on its White List, ensures that your ship will not be disadvantaged when in European ports.

The Paris MoU is the official agreement between the 27 participating Maritime Authorities that implements a harmonized system of Port State Control. Among those countries include Germany, France, the UK, the Netherlands, Spain, Russia and Canada. Its white list includes states such as the Cayman Islands, Bermuda, Hong Kong, the USA, and China.

If located in a country within the Paris MoU, yacht owners may receive different forms of inspections, such as an Initial inspection that examines the overall condition and hygiene of the ship, a more detailed review if there are grounds to suspect that a more thorough assessment is needed. This may be the case whenever the inspector has clear reasons to believe that during a review, the ship’s condition, equipment or crew did not meet the relevant requirements of a suitable instrument.

The final inspection type is an “Expanded Inspection” reserved for “High-Risk Ships”. Generally, this list refers to ships such as chemical tankers, gas carriers, oil tankers and passenger ships; however, older vessels may also be subject to expanded inspections to ensure they are sea-worthy.

 

Popular Locations for Flag Choice and Yacht Registration

Here are some of the most popular locations for yacht registration and flag choice:

Malta

Malta is one of the most prevalent locations for yacht registration within the European Union. There are considerable tax advantages for registering in Malta, and it is listed among the Paris MoU. Malta can be relied upon as its compliant with EU legislation, registration costs are relatively low and there are no restrictions concerning the nationality of the yacht owner or the crew onboard. Malta is also open to registration of boats and vessels of all kinds including sailing and motor yachts, cabin boats, open boats and vessels under construction.

The Cayman Islands

The Cayman Islands are part of a group of British shipping registers called The Red Ensign Group, which also includes the United Kingdom, the Crown Dependencies (Isle of Man, Guernsey and Jersey) and the UK Overseas Territories (Gibraltar, Cayman Islands and Bermuda among others). The Cayman Islands is the most popular destination to register a vessel, as the territory is known for its favourable tax regime, has a long maritime history, welcomes yacht owners from all over the world, and also adheres to the Paris MoU.

The Marshall Islands

The Marshall Islands also present a favourable tax environment for those looking to register their yacht. The Marshall Islands are also greatly experienced with the registration of yachts, and are on the white list for Paris MoU. The Marshall Islands have offices in major maritime cities around the world and from there, provide support for vessels under their flag. The Marshall Islands Registry is among the most popular open registries in the world.

Registering a Yacht: Our Legal Services

Germany is a stable and respected location to register a boat. As a member of the Paris MoU, ports around the world can expect German-registered vessels to follow the stated legal, safety and other requirements.

Due to its inland waters and coastline, Germany has a large sailing community with leisure boating taking place withing the Baltic Sea and the North Sea.

Sourcing all required registration documents can be a drawn out process in Germany, which is where our support as yacht lawyers needs to be considered. Examples of licences needed to operate in Germany include a sailing licence (Segelschein) for larger boats and the Sporthochseeschifferschein allows sailors to sail yachts anywhere around the world.

The international boat registration document (Internationaler Bootsschein, IBS) is valid for two years and vessels need to be re-registered after this time. In Germany, all official permits and licences are issued by the German Sailing Association (Deutsche Segler Verband, DSV).

Our lawyers will provide specialised advice and tailored recommendations to your situation. Once we have more detail concerning the matter, we will outline the specific legal requirements and our team will take care of registering the vessel in question. Should any legal difficulties arise during the process, our lawyers will be ready to be in your corner defending your interests.

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Practice Group: German Yacht Lawyers

Practice Group:
German Yacht Lawyers

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Please use the contact form to tell us about your legal concerns regarding registering a yacht in Germany. After receiving your request, we will make a short preliminary assessment based on the information provided and give you a cost estimation.