Maritime: FAQ:
Who can register a vessel in Panama?
Any individual or corporate entity, irrespective of nationality or country of
incorporation, may register a vessel under Panamanian flag.
What kinds of vessels can be registered in Panama?
There is no minimum tonnage and almost any category of ships can be registered,
from passenger ships to dredges and floating docks. There are no age restrictions;
however vessels older than 20 years are subject to a special inspection. They
will be issued a Provisional Patente and will have 6 months to complete the
inspection.
What are the steps taken to register a vessel in Panama?
The ship owner must appoint a Panamanian law firm to act as its representative
in Panama. The firm will handle the initial provisional paperwork that includes
a temporary Certificate of Registration (also known as “Patente”),
valid for 6 months and a provisional Radio License, valid for 3 months. The
procedure is straightforward and is usually completed within the same day, as
soon as registration fees and first year's annual charges are paid. The firm
will then file the title of ownership with the Public Registry Office, in Panama,
and submit an application for permanent registration to the Shipping Department
within the validity period of the temporary certificates.
What documents are required to register a vessel?
After the preliminary data about the vessel and the parties is collected (application
form), the following original documents must be filed at the time of registration.
- Power of Attorney
- Corporate Resolution
- Deletion or Cancellation Certificate (Does not apply to new vessels)
- Title of Ownership (two copies)
- Acceptance of Sale
- International Tonnage Certificate, or Certificate of Admeasurements
Please note that all documents must be notarized. The notary's signature must,
in turn, be authenticated and this process can take different forms: Panamanian
Consulates all over the world are able to legalize documents signed within their
jurisdiction. In the U.S., the local Department of State will confirm the authenticity
of a notary's signature. Most countries will provide a similar acknowledgement
known as an 'apostille'.
Can I reserve a vessel name in advance?
Yes, it is possible to reserve in advance the name of a vessel in construction,
or scheduled for construction, provided this name is available, upon payment
of a nominal fee.
What happens in a title registration of a vessel?
The firm registers in preliminary form the Bill Of Sale or any other title of
ownership, such as a builder’s certificate. The firm shall retain one
counterpart of the Bill of Sale and Acceptance of Sale and authenticate true
copies of these documents, which are to be filed at the Public Registry in Panama
within six months.
Do you offer mortgage registration services?
Yes, the firm registers in preliminary form a naval mortgage against a Panamanian
vessel. Mortgages are bilateral contracts between the mortgagor (ship owner)
and the mortgagee (lender). The firm legalizes the signature of both parties
through a notary. The procedure is straightforward and is usually completed
within the same day.
The ship owner can be assured of the acceptance by the United States, Far Eastern
and European banks of the Panamanian mortgage, providing satisfactory security.
Hence the Panamanian Ship Mortgage, once registered, grants a right to the mortgagee
against the vessel. The encumbrance follows the ship even when sold. The mortgagee
thus has a right to pursue, attach or have the ship sold in order to collect
his credit, with preference over creditors of less standing.
Do Panamanian vessels pay taxes?
Panamanian vessels are subject to the payment of a moderate annual fee calculated
on the basis of their tonnage. On the other hand, nonresident shipping companies
are not subject to income or withholding taxes since the fiscal legislation
in Panama taxes only the income that arises or derives from activities within
the national territory.
What if I would like to transfer my vessel to Panama?
Ship owners who wish to transfer their vessels to the Panamanian registry are
not required to have the vessels re-surveyed, provided the vessels possess valid
safety certificates. Furthermore, provisions are made to accept foreign tonnage
certificates at the moment of registration; this obviates the necessity to have
the ship dry docked prior to the registration and consequently saves the ship
owners considerable expenses
Does the vessel require inspections or surveys?
All vessels must pass an annual inspection to ensure that they meet with international
safety regulations, carry up to date certificates and are properly manned and
equipped for their intended trade. To prevent the enrollment of potentially
hazardous ships, vessels built over twenty years ago must be inspected before
a permanent “Patente” can be issued.
All vessels are subject to surveys by an approved classification society that
will issue tonnage and other technical certificates. Depending on the type of
vessel, those certificates will vary.
(The above FAQ is reprinted with permission from the Maritime Section
of the New York Consulate General of Panama.)
|