Belgium

Bareboat Charter Registration

Belgian bareboat charter registration of foreign ships (DG Maritime Transport and Antwerp Ship Registry)
Foreign ships may be bareboat chartered in Belgium, provided that the directorate general of Maritime Transport (DG MAR) grants its consent.

The following documents have to be filed with DG MAR:
Application stating name, call sign, and port of registry of ship; IMO number; year and place of build; name of builder and shipyard number; ship type and particulars; gross and net tonnage; breadth and length overall; and details of propulsion
Authenticated copy of charter party
Recent authenticated certificate of registration issued by the registry of origin - showing also the status of encumbrances registered against the ship and indicating moreover the owner of the vessel
Original and two copies of the tonnage certificate issued by the authorities of the country of primary registration or by Belgian authorities
Deed executed by a Belgian notary containing the authorization by the owner to register the vessel at the request of the charterer & confirming that the Belgian registration requirements are complied with & stating the name, nationality, and domicile of the directors, and as the case may be, of the jointly liable shareholders and registered shareholders, both of owner and charterer; an extract from the Belgian companies' registry regarding the Belgian bareboat chartering company has to be attached to the deed; a copy of the articles of association of the companies has also to be supplied
Certificate of the authorities of the country of primary registration confirming that its national law permits bareboat charter registration and that the vessel concerned shall not be allowed during the period of bareboat charter registration to fly its national flag.

All documents must be originals unless otherwise noted.
A certified translation is required for documents drafted in a language other than Dutch, French or German; international standard shipping documents and forms in English (e.g. BIMCO documents, Norwegian Sale Form, Bill of Sale, certificates etc.) don't need to be translated.

The actual bareboat registration is affected at the Antwerp ship registry following the transmission of the approved file by DG MAR.

An English language application form (Form 95) may be downloaded by registered users from: www.shipregistration.be > Downloads > Forms.

Bareboat charter registration abroad of Belgian ships (DG MAR and Antwerp Ship Registry)
Ships registered in Belgium may be bareboat chartered out and operated under a foreign flag pursuant to a bareboat charter registration abroad, provided that this bareboat charter registration has been consented to by DG MAR.

The consent for registering a Belgian ship in a foreign bareboat registry will only be granted if the charter party provides that the charterer shall not sub-charter the ship on a bareboat basis to a third party and that the charterer shall not change the name of the ship nor register it under a different name. All mortgagees of the vessel must have consented in writing to the bareboat charter registration.

In addition, the legislation of the country where the vessel will be bareboat charter registered, must meet the following conditions:
The registration of the ship shall be effected in a special bareboat charter register in the name of the bareboat charterer who has its registered offices or principal place of business in that country
The bareboat charter registry must provide that the property rights and the ownership are registered in the primary registry;
The bareboat charter registry shall not allow the registration of any encumbrances which can only be effected in the country of primary registration;
The property rights and the mortgages, as well as their rank and enforceability, remain governed by the law of the country of primary registration;
During the bareboat registration, the vessel shall fly the flag of the country of the bareboat charter registry;
The termination of the bareboat charter must imply the automatic cancellation of the bareboat charter registration;
The ship entered in the bareboat charter register shall not be allowed to be registered in the bareboat charter registry of a third country;
The bareboat charterer is personally liable for the operation and use of the vessel.

All documents must be originals unless otherwise noted. A certified translation is required for documents drafted in a language other than Dutch, French or German; international standard shipping documents and forms in English (e.g. BIMCO documents, Norwegian Sale Form, Bill of Sale, certificates etc.) don't need to be translated.

The DG MAR consent will be registered at the Antwerp ship registry and the Belgian flag will be suspended following the transmission of the approved file by DG MAR.

An English language application form (form 94) may be downloaded by registered users from: www.shipregistration.be > Downloads > Forms.