INTERNATIONAL OWNER

 

Note:

Since the enactment of the Merchant Shipping Act in 1973, it was a pre-requisite for a ship to be wholly owned by Maltese entities to be eligible for registration under the Malta flag. However, in terms of the Ships Eligible for Registration Regulations of February 2003, an International Owner is considered to be qualified to own a Maltese ship or share therein, provided certain requirements are satisfied. 

Requirements:

1. Declaration of Appointment of Ganado Services Resident Agent - notarised and apostilled; 
2. Articles of Incorporation of the International Owner - notarised and apostilled;
3. Certificate of Incorporation of the International Owner - notarised and apostilled;
4. Goodstanding Certificate of the International Owner - notarised and apostilled;
5. Legal Opinion - notarised and apostilled.
   

NB:  The legal opinion should:

• Confirm the date of incorporation of the foreign entity and that it is still in good standing as of the date of the legal opinion;
• Confirm its shareholders and directors;
• Confirm  the officers and identify the persons who have judicial representation;
• Confirm that the objects include the ownership/operation of ships and their registration under any flag of choice;
• Identify its officers who have the authority to appoint a Resident Agent in Malta to assist in the registration of ships and the registration of mortgages thereon (if reference is made to any BoD meeting etc. a copy of the minutes would have to be attached;
• Be dated not more than one month prior to the registration of the ship.  

 

The Prevention of Money Laundering Regulations, 2003 impose on us the obligation of knowing our client, irrespective of the vehicle chosen for the registration of a Ship International Owner or Maltese Body Corporate.  

In this respect we would also require the details (name and address) of the ultimate beneficial owner, certified copy (possibly scanned in colour) of the passport and a banker's/lawyer's character reference, together with copies (possibly scanned in colour) of the passports of the directors/officers of the International Owner. In cases where the shareholders of the International Owner are bodies corporate, a statement by a lawyer or by one of its directors as to the identity of its directors together with certified copies of their passports.  It is to be noted that these particular requirements would be kept by us in strict confidence.