OFFICIAL GUIDE TO SHIP & YACHT REGISTRIES

Luxembourg

Shipowner Eligibility 

Registration is open to ships that are more than 50% owned by residents of the EC or by commercial companies that have their registered office in a Member State of the EU, as well as ships chartered by such persons or companies, provided that all or part of the management of the ship in question is carried out from Luxembourg territory.

An operator may also ask for a ship to be fully registered in his own name provided he has been expressly so authorized by the owner of the vessel and agrees to assume responsibility for the ship in the same way as the rightful owner of the vessel

About the Flag

Located in Western Europe between France and Germany, Luxembourg is a constitutional monarchy and a member of the EC, NATO, the OECD, the Benelux Union, the UN, and the IMO. The capital is also called Luxembourg. The chief of state is the Grand Duke with a Prime Minister as the head of government. There is a unicameral Chamber of Deputies. The legal system is based on civil law. Luxembourgisch, German, French, and English are spoken.

Luxembourg's economy is stable and prosperous. Small but highly productive family owned farms dominate the agricultural sector. Steel production, and the plastics and chemical industries are important. Banking and other financial services account for a growing proportion of the economy. Major trading partners are the EC countries, The Euro is the unit of currency.

A country without a historical maritime tradition, Luxembourg adopted a complete body of maritime legislation and established its own ship register in November 1990 as governed by the Luxembourg Maritime Act, 1990 and amended in June 1994. The 1990 law creating the public shipping register was amended on June 17, 1994. Responsibility for the establishment of the Luxembourg Register lay with the Ministry of Economy and External Trade, and the management of the Register was assumed by the Maritime Commissioner.

In 2012, the YCF Group established EuroFlag Services (EFS) for the purpose of offering Bareboat Charter Registration under the Luxembourg Ship Registry.

As a solution to the EU Flag Requirement, EFS carries out comprehensive ship registration and management services specifically for shipowners seeking to register vessels with the Luxembourg Flag.

Company Formation

The law governing civil law companies in Luxembourg is the Company Act 15 August 1915 as amended, Articles 18-32 et seq. of the Civil Code and fiscal status of holding companies by law of 31 July 1929. Companies may be either public or private limited companies (respectively "SA" and "SARL"). The minimum capital for an SA is 30,986.69 Euros and for an SARL is 12,394.68 Euros.

In general, shipowners would establish a company under Luxembourg law. "Shipping companies" (defined as any person or legal entity whether of Luxembourg or foreign nationality which carries on any of the following commercial activities: the buying and selling, chartering in or out, management of seagoing ships, and the financial and commercial operations that directly or indirectly relate to such activities) enjoy a special legal position. This regime does not affect in any way the choice of the legal form of the company which can be selected within the limits of the Company Act.

Two or more subscribers of any nationality or their agents may establish such a company. The deed of formation must be enacted before a notary public. It comprises in a combined document the company's memorandum, articles of association, and bylaws. This, together with details of officers of the company, must be registered with the Company Register and published in the Official Juornal (Memorial). The company must also register with the tax authorities. If the founding members of the company do not themselves appear before the notary public, they can be represented by proxy who may be given under private seal and without authentication. When the deed of formation is executed before the notary public, evidence must be given to the latter that the capital subscribed and paid up is at the free disposal of the new company. That evidence is usually produced in the form of a certification from a bank stating that it holds the amount involved to the order of the company in formation. According to the company law, each share must be paid up to at least 25%. The company's capital may be expressed in local or in any foreign currency.

There must be at least three directors of any nationality or residency who may be legal entities and one statutory auditor. Balance sheets and profits and loss statements must be filed with the Company Registrar. An annual general meeting must be held in Luxembourg, and there must be a registered office in Luxembourg.

Upon company formation, accreditation as a shipping company may be requested of the Minister of Economy and external trade. Any shipping company seeking accreditation must secure the services of a person or legal entity by agreement to fulfill the duties of the company's manager. Before starting to discharge these managerial duties, the manager appointed must have been accredited by the Minister of Economy and external trade. These requirements shall not be applicable if the accreditation is to be granted to a natural person in his or her own right rather that an actual shipping company. The power of attorney given to the manager should state in unambiguous terms the powers that have been conferred upon him.

Each application for the accreditation of a manager of a shipping company shall be sent to the Minister together with the relevant supporting documents to show that the required conditions are met. The Commissioner of Maritime Affairs shall appraise the applications for accreditation on behalf of the Minister and shall check that the person applying for accreditation can provide satisfactory evidence of personal reputation and professional service.

Taxation

Registration Tax Calculator is at http://www.maritime.lu/registration-tax-calculator

Registration and Documentation

In order to enter a ship in the Luxembourg Register, an application should be sent to the Minister of Transportation. An operator may ask for full registration in his own name provided that he has been expressly authorized to do so by the owner of the ship and provided that he is willing to accept responsibility for the ship and for the persons sailing it in the same manner under law as the owner of the ship.

The application for registration together with the authorization of the Minister shall be presented to the Registrar of Mortgages within thirty days of the granting of authorization of the registration of the ship. The Commissioner of Maritime Affairs shall forward the registration certificate to the Registrar of Mortgages who shall issue it to the applicant in return for a receipt at the time of formal entry in the Register.

A declaration submitted in support of an application for registration must state the present name of the ship and the name under which it is proposed that it should be registered in Luxembourg; the ship's IMO number; the names and addresses of all person who have a claim on the ship and the nature and amount of the claim; the names and addresses of the ship's operators and the place from which it is operated; the name and address of the applicant who is authorized to register the ship; and where appropriate, data concerning the previous registration and/ or proof of cancellation from the register issued by the responsible authority in the country in which the ship was previously registered. The following documents must also be submitted in support of the application:
• Proof of the nationality of the declarants
• Deed evidencing or declaring ownership, if such deed is in the form of a private agreement or a duplicate if it is in the form of an official deed
• Consent of the owners to the registration of the ship certified by a public deed
• Proof of cancellation of the previous registry if applicable

The period of validity of the Certificate may not exceed two years and the actual duration shall be mentioned in the Register. The Registrar of Mortgages shall forward without delay a copy of the Registration Certificate to the Commissioner of Maritime Affairs.

A Provisional Registration Certificate valid for a maximum of one year may be issued for a ship that is still under construction or in cases where it has not proved possible to supply all the information required by the application for registration. The issuance of a Registration Certificate is evidence that the ship has the authority to fly the Luxembourg flag.

Ships must conclude protection and indemnity insurance policies with insurance companies in the EEC to cover both damages caused by the vessel itself and those caused by its cargo.

Bareboat Charter Registration

Bareboat charter registration into and out of the Luxembourg flag is permitted. Ownership rights will remain with the country of primary registry.

A ship to be entered in the Luxembourg Register on a bareboat basis must submit all information necessary in support of full registration. Applications for bareboat charter registration must also state the names and addresses of the charterers of the ship. The registration application must be accompanied by the following documents:
• Proof of the nationality of each of the persons, and the articles of association of each of the companies that have chartered the ship
• Copy, authenticated by a notary public, of the bareboat charterparty, including all annexes thereto and where appropriate, any subchartering charterparties
• Consent of the mortgagees to the entry of the ship in the Luxembourg Register, certified by a formal record
• Certificate issued by the country of the foreign flag evidencing the ownership of the ship and, where appropriate, any financial encumbrances attaching to it
• Where appropriate, authorization by the foreign authorities for the ship to be chartered out on a bareboat basis and/or a declaration to the effect that such authorization is not required and that the legislation of the State in question permits bareboat chartering out
• Express undertaking by the charterer to the effect that
• the ship will fly the Luxembourg flag to the exclusion of any other and will indicate Luxembourg as its port of registry for as long as it is operated under the relevant bareboat charter agreement;
• the charterer will inform the Commissioner of Maritime Affairs and the Registrar of Mortgages when the bareboat chartering agreement has been terminated, for whatever reason, or if a third flag State has given authority for the ship to fly its flag; and
• all certificates issued by the Luxembourg authorities will be returned within 30 days of the expiration of the bareboat charter party and/ or with effect from the cancellation of the ship's entry in the Luxembourg Shipping Register

Registration Certificates of ships that have been registered on a bareboat charter basis shall be valid for a maximum period of two years and may not exceed the duration of the bareboat charterparty. Such Registration Certificate shall specify that the ship has been bareboat chartered in and shall state the registration number allocated to it in the foreign shipping register in which it is entered.

Ships which have been granted full registration in the Luxembourg Shipping Register may only be bareboat charter registered out to a foreign register provided they have received authorization from the Minister. Applications for authorization must state the name of the ship; the ship's registration number; the names and addresses of the applicant and the charterer; and the details of the foreign register in which the ship is to be entered. Applications must be accompanied by the following documents:
• Copy, authenticated by a notary public, of the bareboat charterparty including all annexes and any subchartering charterparties
• Extract from the Register issued by the Registrar of Mortgages evidencing the ownership of the ship and any mortgages against it
• Copy, authenticated by a notary public, of the owner's consent and that of any mortgagees to the registration of the ship on a bareboat basis in a foreign flag State
• Express undertaking by the owner of the vessel to the effect that
i) he will give the Commissioner of Maritime Affairs within 30 days of the granting of the authorization to charter out and the commencement of chartering out, all certificates issued by or on the authority of Luxembourg as well as an “authenticated” copy of the Registration Certificate issued by the foreign State; and
ii) he will inform the Commissioner of Maritime Affairs who shall forward the information to the Registrar of Mortgages when the bareboat charterparty has been terminated for whatever reason and the owner of the ship has taken possession of it
• Written agreement between the owner and the charterer expressly stipulating:
• that the right to fly the Luxembourg flag and to indicate Luxembourg as the ship's port of registry will be cancelled or suspended for as long as the ship is bareboat chartered out;
• that all technical safety standards imposed by Luxembourg maritime legislation or by the international conventions to which Luxembourg is a party will be strictly enforced throughout the period of chartering out and similarly that Luxembourg social security standards will be observed if the ship is chartered out with her crew;
• the temporary suspension of all endorsements of approval of the ship's certificates, stamped under the authority of Luxembourg;
• that in the event that there should occur while the ship is bareboat chartered out a major accident resulting in the loss of the ship or in serious damage to the property or to the environment, the owner and the charterer will cooperate fully so as to facilitate the task of the experts appointed by the Commissioner of Maritime Affairs in respect of the conduct of inquiries and any interview of the ship's master and crew that may prove necessary; and
• that any amendments or additions to the original bareboat charterparty between the contracting parties and any subchartering charterparty must be notified to the Commissioner of Maritime Affairs stating the effects they will have on the original agreement (such amendments and/or additions shall also be subject to the consent in writing of any preferred creditors or mortgagees whose interest may be affected)
• Declaration by the relevant foreign authorities stating that in principle the ship may be registered on a bareboat chartering basis together with a document certifying that there is no reason why the details of the ownership of the ship and any in rem rights associated with it should not continue to be entered in the Luxembourg Shipping Register.

Applications for authorization of bareboat chartering out which have been duly approved by the Minister or his delegate will be notified to the applicant by registered mail. Within 30 days of the issuance of the authorization, the applicant may apply to the Registrar of Mortgages for a Registration Certificate which shall state “The certificate within grants no right to fly the Luxembourg flag while the vessel is subject of the demise charter filed with the register of maritime mortgages.”

Vessel and Yacht Eligibility & Survey Requirements

The Luxembourg register is open to all merchant vessels less than 15 years old on first registration and in excess of 25 NRT.

Responsibility for safety control lies with the Maritime Commissioner who may call upon recognized specialists and nonexclusive inspectors to assist his own staff. Prior to registration in Luxembourg, a ship must undergo a survey carried out by an approved classification society. The following classification societies have been authorized by the Luxembourg authorities to carry out inspections and issue all international certificates except manning certificates:
• American Bureau of Shipping
• Bureau Veritas
• Det Norske Veritas
• Lloyd's Register
• Nippon Kaiji Kyokai
• Registro Italiano Navale

Crewing

The master shall be a national of a European Union Member State. The minister may issue a waiver to the nationality requirement (article 20 of the Luxembourg Maritime Act 1990).

The master and all the officers must hold a Luxembourg endorsement certificate under the standards of the STCW 95 convention. Certificates issued by a member State of the European Community are automatically recognised in Luxembourg and will receive a Luxembourg endorsement. Agreements for the recognition of licenses have been signed with many third countries. The list of these countries is available here http://www.maritime.lu/stcw-agreements

For countries with which Luxembourg has not yet signed an agreement, an endorsement request can be applied if the country is on the IMO white list (see IMO Circulars MSC/Circ.1163 and MSC/Circ.1164). A special receipt will be issued allowing the seaman to join a Luxembourg flagged vessel for a period of three months. This period allows the Commissariat aux affaires maritimes to do the necessary verifications (validity of the certificate, sea experience...) and to sign an agreement with the third country. Once this agreement has been signed, a Luxembourg endorsement may be issued.

If at any time, the Commissariat aux affaires maritimes doubts of the validity of the licence and therefore the training delivered in a third country, it may suspend the recognition of the certificates issued by that country.

The application form for the recognition of a license can be found here http://www.maritime.lu/sites/maritime.lu/files/files/forms/c_form_stcw_application-recognition-certificates-competency.doc

Every seaman employed on a Luxembourg flagged vessel must hold a Luxembourg seaman's book. The application form for seaman's book can be found here.
Every seamen employed on a Luxembourg flagged vessel must be covered by a social security, as set out in (articles 105 and 106 of the Luxembourg Maritime Act 1990).

Mortgages

Recordation of mortgages is handled by a specialized administration under the Ministry of Finance (Administration de l'Enregistrement). This legislation is very similar to the Belgian system and offers full protection to all interests.

Maritime mortgages can only be generated through contractual agreement. Legal mortgages are excluded. Maritime mortgages must be registered with the Office of Maritime Mortgages, and the rank of mortgages is determined by the date of registration. A maritime mortgage will only be valid if it relates to a specific ship and is for a predetermined sum.

A mortgage may be effected against a ship under construction. Unless stated to the contrary, a mortgage will extend to the rigging, gear, machinery, other accessories, and freight. The mortgage carries a guarantee of three years of interest, ranking equally with the capital.

The title deed of the mortgage mentions the nominated address of the creditor which is the place of residence of the Registrar of Mortgages.

It is important to note that mortgages registered on the same day are classified in accordance with their registration number.

Registration of mortgages are valid only for 10 years and expire if they are not renewed before the maturity date by presentation to the Registrar of Mortgages a request in duplicate specifying the precise terms on which the entry is to be renewed. Otherwise, it will be considered as a new entry.

Fees

Vessels' registration
Fees are in Euros

Change of Ship's name 100€

Consideration of the application file

First registration (Ship certificates not included) 500€
Bareboat out registration (Ship certificates not included) 250€
Renewal of the registration (Ship certificates not included) 250€
Cancellation of registration (without CSR) 150
Cancellation of registration (CSR included) 350€

Documentation of Ship

Issuance of a Certificate of Registry 100€
Issuance of a Minimum Safe Manning Document 100€
Issuance of an extension of provisional Certificate of Registry 150€
Issuance of a CLC Certificate 100€
Issuance of a CSR Certificate 200€
Issuance of an MLC Certificate for vessels < 500GT 1000€
Issuance of an MLC Certificate for vessels > 500GT 1000€
Issuance of a letter of consent to a foreign Bareboat Charter Register 100€
Issuance of any Certificate or document not otherwise specified (plus costs) 100€

Marine Safety Inspection

For each vessel, an annual inspection fee is required, as provided by maritime regulation. This fee includes the analysis of the report by CAM 1300€ plus traveling costs
Follow-up inspections when required 650€ plus traveling costs

Crew

For all officer's navigational and engineering officer endorsements 40€
(Fee includes GMDSS and other required SQCs)
For issuance of lost endorsements 40€
For issuance of a waiver under the Maritime Act 40€
(Dispensation, derogation and others)
For certificates of service, each crew member 25€
For issuance of any document not otherwise specified 25€
Table on working/resting hours 50€
Issuance of a seaman's book 40€
Renewal of a seaman's book 40€
Replacement of a lost seaman's book 40€
Issuance of a temporary seaman's book if application not complete 20€

Accreditation of shipping companies and managers

Instruction of an application for a shipping company 1000€
Instruction of an application for a shipping company's manager 1500€

Miscellaneous

Reminder fee 15€
Analysis of any further requests or actions by the CAM, expenses and costs disbursed invoiced on the basis of time involved 150€ an hour

Contact

Government Commissioner for Maritime Affairs
19-21, Boulevard Royal L-2449 Luxembourg
Tel: +352 2478 4453
Fax: + 352 299 140

Email: cam@cam.etat.lu
Website: http://www.etat.lu/CAM

EuroFlag Services S.à.r.L. - Luxembourg
9B Boulevard Prince Henri
L-1724 Luxembourg
Tel: +352 27858804
Fax: +352 26262214

Email: EFS@YCFMaritime.com
Website: http://www.euroflag.eu

EuroFlag Services S.à.r.L. - Hamburg
Hohe Bleichen 11
20354 Hamburg
Germany
Tel: +49 40 3500 4660
Fax: +49 40 3500 4670

Mortgage Registration
Administration de L'Enregistrement et des Domaines Service des Hypotheques
67-69, rue Verte
L-2667 Luxembourg L-2667 Luxembourg
Tel: 44 905 529
Fax: 47 16 47
Email: lux.hyp1@en.etat.lu
Mailing Address:
BP 417
L-2014 Luxembourg
Companies Register
Centre administratif Pierre Werner Bâtiment F
13, rue Erasme
L-1468 Luxembourg-Kirchberg
Mailing Address:
Registre de Commerce et des Societes
L-2961 Luxembourg
Tel: (+352) 26 428-1
Fax: (+352) 26 42 85 55
Email: helpdesk@rcsl.lu
Business Permits
Ministry of Small Businesses
19-21, boulevard Royal
L-2449 - Luxembourg
Grand-Duchy of Luxembourg
Tel: (+352) 247-84715
Fax: (+352 247-84740)
Email: info@mcm.public.lu
Website: http://www.mcm.public.lu/en

Company Formation
Chamber of Commerce
7 r. Alcide de Gasperi - Kirchberg, 2981 Luxembourg
Tel: +352 42 39 39 333 ‎
Website: http://www.cc.lu

Taxation Information
Company registration for tax purposes and information on income and corporation taxes:
Direct Taxes Department
18, rue du Fort Wedell, Luxembourg
L-2982 Luxembourg
Tel: +352.40.800-1
Fax: +352.40.800-3148

For value-added tax
Registration and Domains Department
1-3 Avenue Guillaume
L-1651 Luxembourg
Tel: 44 905 470
Fax: 45 42 98

Luxembourg Shipowners' Association
2, rue de Hollerich
L-1022 Luxembourg
Tel: [352] 48 28 50 1
Fax: [352] 48 28 71

Stockholm Agreement 96
IMO Convention 48
* IMO amendments 91 
* IMO amendments 93
SOLAS Convention 74
SOLAS Protocol 78
SOLAS Protocol 88
LOAD LINES Convention 66
LOAD LINES Protocol 88
TONNAGE Convention 69
COLREG  Convention 72
CSC Convention 72
CSC amendments 93
SFV Protocol 93
STCW  Convention 78
STCW-F Convention 95
SAR  Convention 79
STP Agreement 71
STP Protocol 73
IMSO Convention 76
INMARSAT OA 76
INMARSAT amendments 94
INMARSAT amendments 98
IMSO amendments 2006
IMSO amendments 2008
FACILITATION Convention 65
MARPOL 73/78 (Annex I/II)
MARPOL 73/78 (Annex IV)
MARPOL 73/78 (Annex V)
MARPOL Protocol 97 (Annex VI)
London Convention 72
London Convention Protocol 96
INTERVENTION Convention 69
INTERVENTION Protocol 73
CLC Convention 69
CLC Protocol 76
CLC Protocol 92
FUND Convention 71
FUND Protocol 92
FUND Protocol 2003
NUCLEAR Convention 71
MARPOL 73/78 (Annex III)
PAL Protocol 76
PAL Protocol 90
PAL Protocol 02
LLMC Convention 76
LLMC Protocol 96
SUA Convention 2005
SUA Protocol 2005
SALVAGE Convention 89
OPRC  Convention 90
HNS Convention 96
OPRC/HNS 2000
BUNKERS CONVENTION 01
ANTI FOULING 01
BALLASTWATER 2004
NAIROBI WRC 2007
HONG KONG CONVENTION
HNS PROT 2010
Cape Town Agreement 2012
SUA Convention 88
SUA Protocol 88

IMO Conventions

Status of Conventions Luxembourg

IMO Convention 48 x
SOLAS Convention 74 x
SOLAS Protocol 78 x
SOLAS Protocol 88 x
SOLAS Agreement 96
LOAD LINES Convention 66 x
LOAD LINES Protocol 88 x
TONNAGE Convention 69 x
COLREG Convention 72 x
CSC Convention 72 x
CSC amendments 93
SFV Protocol 93
Cape Town Agreement 2012
STCW Convention 78 x
STCW-F Convention 95
SAR Convention 79 x
STP Agreement 71
Space STP Protocol 73
IMSO Convention 76
INMARSAT OA 76
IMSO amendments 2006
IMSO amendments 2008
FACILITATION Convention 65 x
MARPOL 73/78 (Annex I/II) x
MARPOL 73/78 (Annex III) x
MARPOL 73/78 (Annex IV) x
MARPOL 73/78 (Annex V) x
MARPOL Protocol 97 (Annex VI) x
London Convention 72 x
London Convention Protocol 96 x
INTERVENTION Convention 69
INTERVENTION Protocol 73
CLC Convention 69 d
CLC Protocol 76 x
CLC Protocol 92 x
FUND Protocol 76
FUND Protocol 92 x
FUND Protocol 2003
NUCLEAR Convention 71
PAL Convention 74 x
PAL Protocol 76 x
PAL Protocol 90 x
PAL Protocol 02
LLMC Convention 76 x
LLMC Protocol 96 x
SUA Convention 88 x
SUA Protocol 88 x
SUA Convention 2005
SUA Protocol 2005
SALVAGE Convention 89
OPRC Convention 90
HNS Convention 96
HNS PROT 2010
OPRC/HNS 2000
BUNKERS CONVENTION 01 x
ANTI FOULING 2001 x
BALLASTWATER 2004
NAIROBI WRC 2007
HONG KONG CONVENTION

x= ratification
d=denunciation

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