Switzerland
Answer ... All types of vessels flying the Swiss flag may be registered. Swiss law, however, distinguishes seagoing vessels from inland water vessels – in particular, barges on the Rhine – and maintains dedicated registers for those different types of vessels.
Seagoing vessels are registered if they are used or intended for commercial carriage of goods or persons or for any other commercial activity at sea, as long as they also meet the statutory conditions of the Merchant Shipping Act regarding:
- ownership;
- financial resources;
- admission navigation;
- naming; and
- procedure.
Seagoing vessels flying the Swiss flag must also have the highest class of a classification society recognised by the Swiss Maritime Navigation Office (SMNO).
Dual registration as such is not permitted under Swiss law. Vessels that were previously registered abroad and are seeking registration in Switzerland must, in principle, produce documents showing that the registration in the foreign state has been cancelled.
However, the parties to a ship lease or charter may agree in their contract to notify their agreement to the ship’s register. The agreement between the parties will then be recorded in the register.
Switzerland
Answer ... Public law corporations and institutions and private corporates and undertakings are equally entitled to register a vessel. However, Swiss law requires that natural or legal persons and corporates exercising control over the vessel as owner be Swiss citizens or have their registered office in Switzerland.
In addition, the capital of corporates exercising control over the vessel must at least cover 20% of the book value of the vessel; the purchase price qualifies as book value for new-build vessels. If the capital or funds, respectively, of the corporate decrease as a result of losses, they must not fall below 8% of the book value in the following five years.
Switzerland
Answer ... The sole port of registry for Swiss seagoing vessels is Basel. The Land Registry Office of the Canton of Basel-Stadt keeps the Swiss Register of Ships, in which seagoing merchant ships are registered. The SMNO, based in Basel, also keeps a separate register of seagoing Swiss yachts and small and coastal vessels.
Switzerland
Answer ... The registered information is public. Information about the shipowners and the ship’s registration date is freely available. The applicant for information must demonstrate a particular interest to obtain more detailed information, such as title of shipowners, liens and other attachments to the ship. The registry will provide information only in relation to the vessel; it will not provide information as to whether a particular person is the owner of a vessel.
Switzerland
Answer ... The SMNO is the competent authority for the examination of the prerequisites for registration. Therefore, a seagoing vessel will be registered only once the Swiss Register of Ships has received the relevant certificates from the SMNO.
Registration requires, at minimum, the documentation of:
- the place and time of construction of the vessel;
- the identity of the constructor of the vessel;
- the construction materials used to construct the vessel;
- tonnage and/or volume certificates, including information on the vessel’s dimensions (eg, length) and engine specifications;
- the name of the vessel;
- the identities of the owners (name, domicile and place of origin);
- the intended use (eg, seagoing or Rhine navigation); and
- any former registration (if applicable).
The registration has public effect. It is assumed by law that everybody knows the registration of the vessel. The same holds true for deregistration.
Switzerland
Answer ... In principle, a shipping mortgage will be registered only if agreed by the owner and the creditor. However, in the event of a consensual transaction for the sale of the vessel, the Swiss Register of Ships will, at the request of the purchasing party and by publishing two public notices in the Swiss Official Gazette of Commerce, request the creditors (eg, the holders of claims secured by statutory lien without registration) to submit the declaration of mortgage.