MAR is a high standard quality register with
appropriate measures having been provided in order to assure good
surveillance systems of all vessels registered. All vessels registered
fly the Portuguese flag. It is expressly provided that all International
Conventions ratified by Portugal shall form part of and be complied with
by the International Shipping Register. All well reputed Classification
Societies acknowledged by Portugal are entitled to undertake surveys and
other services in respect of vessel registration. Commercial vessels
including platforms may be registered in MAR. Registrations in MAR shall
benefit from the Private Deeds Registry Office in Madeira. This assures
a speedier process of registration without bureaucratic delays. Vessels
may also be temporarily registered at Portuguese Consulates. Entities
formed within the legal framework of the International Business Center
of Madeira and whose business is that of maritime industry shall for all
effects and purposes form part of the same, subject to obtaining the
license to operate therein. Such companies whose vessels are registered
in MAR shall benefit entirely from all the tax and financial incentives.
Recently, some legislative amendments were
introduced in order to further develop MAR as a truly competitive
register at the international level. These legal amendments, enacted by
the Portuguese Government, have in fact increased the register's
attractiveness to international ship owners. These deal with three main
issues, namely:
Nature and purpose of entities able to register ships in MAR
Citizenship requirements for the crew
Mortgage regime.
Among the important aspects that
characterize the Madeiran Register, we can highlight the following:
-
Nature of entities applying and their
forms of representation in Madeira.
-
How to register, permanently or
temporarily.
-
Purchase and sale of ships.
-
Classification Societies recognized by MAR
and their functions.
-
Crew and its composition (manning).
-
Applicable system for mortgages.
-
Applicable tax incentives in the legal
framework of Madeira's Free Trade Zone.
1) Nature of the Applicants:
1.1 Those whose purpose is that of
maritime transportation of persons and goods, as long as that
transportation is not carried out between Portuguese mainland ports
and ports located in Portuguese autonomous regions. Applicants may be
companies or other forms of partnerships, branches, agencies or legal
representations, licensed or not to operate in the legal framework of
Madeira's International Business Center.
1.2 Owners of Yachts.
2) How to register:
Certain documents and information
regarding the ship shall be submitted to the Technical Commission of
MAR for analysis.
The information and documentation to be
submitted shall vary depending on whether it is a temporary or a
permanent registration. If permanent, the name of the ship will be
submitted with two alternative names, and the Bill of Sale must be the
original document. If temporary, a certified copy of the bareboat
chartering contract shall be submitted.
The provisional registration has been
established by law and can be carried out at Portuguese consulates or
in any other departments that have received proper authority to do so.
In the latter, the consul registers the ship issuing the respective
certificate, provided all necessary documents from the ship owner have
been approved by MAR's Technical Commission. There is a maximum period
of 30 days to allow the provisional registration to be changed to a
permanent one. The registration process is exempt from any form of
taxation. The Private Deeds Registry Office of the Madeira Free Trade
Zone will be used for that purpose and will assure a speedy process of
registration without bureaucratic delays.
3) The purchase and sale of ships:
This type of operations is not subject to
any prior authorization. The sale becomes effective through a Bill of
Sale.
4) Classification Societies:
Madeira´s International Shipping Register
can delegate some of its Technical Commission's functions on
recognized classification societies as well as recognize certificates
issued by them. Portugal presently recognizes eight classification
societies who are certified to carry out their functions in the
framework of MAR.
They are:
-
Lloyd´s
Register of Shipping (LRS);
-
Bureau Veritas
(BV);
-
Det Norske
Veritas (DNV);
-
Registro
Italiano Navale (RINA);
-
American Bureau
of Shipping (ABS);
-
Germanischer
Lloyd (GL);
-
Rinave
Portuguesa (RINAVE);
-
Nippon Kaiji
Kyokai (NKK).
Other classification societies may in the
future be recognized by the Portuguese government.
Among the functions that may be delegated
are: supervision, definition of norms concerning stability, bulk
cargo, on board security as well as other documents such as the
issuing of international certificates concerning conventions and
resolutions of the IMO and ILO.
5) Mortgage Law:
The mortgagor and the mortgage by
written agreement may choose the legal system of a particular
country that shall govern the terms of the mortgage. Should such
agreement not be reached, then the Portuguese law shall apply.
6) Tax Incentives:
All tax incentives applicable within the
legal framework of the Madeira's International Business Centre are
extended to ship owners registered in MAR.
These incentives are namely:
Exemption until the year 2011 from
corporate income taxes on the income from operations in the centre.
Exemption until the year 2011 from municipal property taxes.
Exemption from withholding and income taxes on dividends declared,
and on interest on shareholder's loans.
Exemption from taxes on capital gains and on the sale of fixed
assets.
Exemption from transfer tax, gift and inheritance tax for all
transfers of shares or other forms of participation in the capital
of the companies operating exclusively in the Centre and on the
acquisition of real estate for the purpose of setting up in the
Centre.
Exemption from rates and local taxes.
Other tax advantages may be available through the operation of
Portuguese double taxation treaties.
TECHNICAL DOCUMENTATION
for pleasure yacht
registration with MAR
Yachts with less than 24m
BUILDER'S CERTIFICATE
UP-TO-DATE SURVEY REPORT
This survey must be
carried out by a Classification Society or by a Maritime Authority of a
State signer of the IMO Conventions (MAR accepts all the entities acting
in delegation of these authorities);
The Portuguese Government recognizes eight
foreign Classification Societies.
The survey report must
contain (itself or in report attached), clear an exact information
concerning:
-
Hull and Structures,
Stability: maintenance and upkeep conditions of the hull and
structures, including the date of the last inspection on ground;
-
Information about
stability in case of a non standard approved model;
-
Machines and Assistance
Facilities: upkeep and operating conditions of the propulsory engines,
electric generators, drain pumps, fire devices (Reference to
quantities and distinctive signs)
-
Navigation, Rescue and
Assistance Facilities: list of this facilities including radio
communications facilities (Reference to mark, model serial number)
YACHT CHARACTERISTICS
LIST OF RADIO EQUIPMENT & AUXILIARY NAVIGATION EQUIPMENT
RADIO STATION LICENSE - the last one
If the pleasure craft is
equipped with the radio communication devices, it will have to present,
beside the last radio license, a Survey report on radio and auxiliary
navigation equipment issued by an expert of the IMP or by a similar
entity such are:
Germany: Bundesamt for
Post und TeleKommunikation, Deuts Telekom A.G. - General Direction -
Bonn
Denmark: Danisch Maritime Authority
Holland: Ministerie Van Verkeer en Waterstaat, Scheepvaartinspectie -
Rotterdam
Italy: Ministero delle Post e delle Telecomunicazioni
Spain: Dirección General da la Marina Mercante
Norway: Norvegian Maritime Directorate - Oslo
Brasil: Ministério das Comunicações, Secretaria da Administração das
Radiofrequências,
Coordenação Geral de Gerenciamento de Frequências
France: Agence National des Fréquences, Sercice Regional de Marseille,
Station Radioelectriques des Navire
DECLARATION OF RADIO
TRAFFIC ENTITY
Portugal Flag
