Cook Islands

Bareboat Charter Registration

Ownership of Cargo Vessel to be Registered

Demise/Bareboat Charter Registrations are recorded on the Cook Islands Bareboat Charter Register, a sub directory of the Cook Islands Ships Register. These are governed by the Ship Registration Act 2007; vessel ownership requirements state that a ship is or will be on a demise charter to a "qualified person." This is defined as:
a person who is resident in the Cook Islands; or
an entity which -
(i) is incorporated in the Cook Islands; or
(ii) an existing international company registered in the Cook Islands;

Both such entities are exempt from taxation in Cook Islands.

The consequence of bareboat charter registration is that Cook Islands law will govern all aspects of the ships operation, navigation and management during the period of registration, that is, the duration of the charter party. The vessel will be entitled to fly the Cook Islands Flag, and no other, during the period of the Charter Registration.

The property rights of the owner of the vessel and any mortgagees will remain registered on the underlying ship register, notwithstanding the demise charter registration on the Cook Islands Bareboat Charter Register.

Requirements for Provisional Registration
The vessel registration process is commenced by completing an 'Application for Vessel Registration, Call Sign and Official Number' available through a Deputy Registrar (specific to region), who will lead you through the process.

The Application Form is to be accompanied by:
Copy of Charter Party between owner and charterer
Copy of proof of deletion or suspension of the prior registration
Copy of consent of mortgagee to demise or bareboat charter (if applicable)
Copy of consent of owner to demise or bareboat charter
Copy of application to register a Foreign Company or incorporate a Cook Islands International Company
Copies of all vessel's present certificates issued by flag state and classification society
Copy of Power of Attorney (if applicant is an authorized officer of owner)

Subject to approval by the Registrar of Ships, and upon payment of the registration fee, a Provisional Certificate of Registry will be issued. This certificate is effective from the date of issue and valid for a period of 3 months. During this time the requirements for permanent registration are to be completed. The Registrar may extend the period of provisional registration in special circumstances.

Requirements for Permanent Registration
Original Application Form (duly executed and witnessed as specified therein)
Copy of certificate of incorporation of a new Cook Islands International company or a certificate of registration of an existing Foreign Company on the Cook Islands Companies Register
Original or duly validated copy of Charter Party
Copy of certificate from ship's P&I insurance company including crew insurance (only applicable to commercial/charter yachts)
Copy of Confirmation letter or email) from Radio Accounting Authority that they will agree to act as AA while ship under Cook Islands Flag (if applicable)
Original or duly validated copy of Power of Attorney (if applicable)
Reviewed, signed and sealed by a Justice of the Peace, a Commissioner for Oaths, Solicitor, Notary Public or the Registrar or Deputy Registrar of Ships of the Cook Islands Ships Registry or before any person authorized by law to administer oaths in the country where the declaration is made.

N.B. The Registrar has the discretion to require, if deemed necessary, additional surveys to be conducted before issuance of a Permanent Certificate of Registry.