< Previous20 6 - In addition to the costs in the previous clause, transport and board and lodging costs of the expert(s) who undertake the inspection are due and payable. 7 - For the issue, renewal, or additional notes of the certificates, declarations and other documents of the vessel, a fee is due in the amount of 130 euros per certificate, declaration or document. 8 - For the issue or recognition of the certificate of each senior officer, junior officer or rating, a fee is due in the amount of 100 euros for officers and 25 euros for the remaining categories. 9 - For the boarding of each crew member a fee is due in the amount of 20 euros. 10 - For the provision of forms, on board record books and other inherent services an amount to be set by the Technical Commission which shall be published is due. 11 - For the procedures to obtain the radio station license, a fee is due in the amount of 500 euros. 12 - For the cancellation of the vessel’s registration a fee is due in the amount of 650 euros. 13 - A fee of 300 euros is applicable in any of the following cases: a) Recognition of title of ownership and/or division of proprietary rights and/or change of ownership; b) Bareboat chartering contract as well as any alterations to the contract; c) Change of vessel’s name; d) Inscription of initial registration; e) Recognition, constitution, acquisition, modification or extinction of usufruct rights; f) Construction contracts; g) Mortgages, modifications thereto, extinction, cession or assignment of the mortgagees’ credits, as well as preference ranking of mortgages. The amounts referred above shall be paid to the Government of the Autonomous Region of Madeira prior to the issue of the registration documents through the account of the concessionaire of the free Zone of Madeira (SDM) and producing written proof of such payment(s). The above registration, annual and fees are set by Order nr. 134/92 of the 20th of May.Simulation of registration and annual fees As a reference, the registration and annual fees of a commercial vessel with a net tonnage of 4.500 would be the following: An online calculator is available at www.ibc-madeira.com for an easy and immediate calculation of applicable registration and annual fees in MAR. 6 – Entities supporting ship registration in MAR There are several management companies and lawyers who are experienced in supporting shipowners on the registration of vessels in MAR and also act as legal representatives in Madeira. The following entities may be highlighted: Arkai Madeira, Lda Rua do Esmeraldo, 47 – 3º, 9000-051 Funchal, Madeira Tel.: 351.291.281842 Fax: 351.291.281637 E-mail: joao.fernandes@arkaimadeira.pt BBridges Business Services, Lda. Rua da Alfândega, nº 78, 3º andar - 9000-059 Funchal Tel.: 351.291.091255 Fax: 351.291.221667 bridges@bbridges.com.pt Web site: www.bbridges.com.pt Boatrust Management, Lda Rua da Queimada de Baixo, nº 5-A, 3º andar, Sala J 9000-068 Funchal, Madeira Tel.: 351.291.098295 Fax: 351.291.231213 boatrust@netmadeira.com Dixcart Management, Lda Rua dos Ilhéus, 6, 9000-176 Funchal, Madeira Tel: +351.291225019/ 291225403 Fax: +351.291226418 advice@dixcart.pt Registration Fee Fixed Fee1.800€ Variable Fee Up to 250NT225€ From 250NT to 2.500NT2.025€ From 2.500NT to 10.000NT1.500€ Total5.550€ Annual Fee Fixed Fee1.400€ Variable Fee Up to 250NT200€ From 250NT to 2.500NT1.800€ From 2.500NT to 10.000NT800€ Total4.200€22 ECCO – Efficient Consulting Corporation, Lda. Rua da Queimada de cima, nº 28, 3º andar, sala P, 9000-065 Funchal, Madeira Tel.: 351.291.771323 E-mail: nveigafranca@efficientconsulting-co.com Web site: www.efficientconsulting-co.com Madeira Corporate Services, Lda Avenida Arriaga, 77 - 6º Andar Sala 605, Edifício Marina Forum, 9000-060 Funchal, Madeira Tel.: 351.291.202400 Fax: 351.291.237188 E-mail: management@mcs.pt Madeira Fidúcia Management, Lda Av. Arriaga, 73 -1º - 105, 9000-060 Funchal, Madeira Tel.: 351.291. 200980 Fax: 351.291.200989 E-mail: mfm@madeirafiducia.pt M.L.G.T. Madeira Management & Investment, S.A. Av. Arriaga, 73, Edif. Marina Club 2º Sala 212, 9000-060 Funchal, Madeira Tel.: 351.291.200040 Fax: 351.291.200049 E-mail: mlgtsmadeira@mlgts.pt Madeira Management Co., Lda P.O. Box 7 - Rua dos Murças, 98, 9000-058 Funchal, Madeira Tel.: 351.291.201700 Fax: 351.291.227144 E-mail: madeira.management@mmcl.pt Newco – Corporate Services Rua Dr. Brito Câmara nº 20 - 1º, 9000-039 Funchal, Madeira Tel.: 351.291.210200 Fax: 351.291.210209 E-mail: info@newco.pro Mrs. Mónica Fernandes Barreto, Lawyer Rua Latino Coelho, nº 44 - 2º Floor, D and E, 9050-043 Funchal, Madeira Tel: 351.291.236177 Fax: 351.291.236177 Email: momalex@mail.telepac.pt23 1 - Formalities MAR accepts the registration of the following leisure yachts: • Commercial yachts with a hull length of between 7 and 50 meters and a maximum capacity of 12 passengers plus crew; • Pleasure yachts with a hull length above 7 meters. It should be noted that pleasure yachts may only be registered permanently in MAR. The application form for the registration will be addressed to the Technical Commission of the register. For yachts with commercial purposes, the application form shall be followed by all the technical elements regarding safety of the yacht, according to Portuguese legislation and international regulations. Legal documentation The following legal documentation is required for the registration of commercial and pleasure yachts in MAR: 1 - Power of attorney granted by the applicant to a local legal representative • Applicable when the domicile or the head office of the applicant is located outside the Autonomous Region of Madeira; • Original or authenticated copy; • Signatures recognized by notary certifying the authority for the act according to nº 2 and nº 3 of article 11º of DL nº 96/89, of the 28th of March; • Legalised or certified according to the Hague Convention of 1961. PART IV - REGISTRATION OF COMMERCIAL AND PLEASURE YACHTS24 2 – Identification of the owner In the case of corporate entity: •A commercial certificate, original or certified copy; •Identification of the managers or the person with powers to act on behalf of the company. Note: for companies headed in Madeira a copy of the commercial certificate is sufficient. In the case of a private owner: • Complete identification, such as: name, address, marital status and, if married, which is the matrimonial property system (matrimonial joint ownership of property, separate ownership of property by married people, a.s.o.). • Certified by a public notary. 3 - Bill of sale •Signed by the seller, certified by public notary and acting on behalf of the owner (in cases where the seller is an incorporated company); •Original or certified copy. 4 - Certificate from the previous registry •If not a new building; •Original or certified copy; •Issued for less than 6 months. 5 - Deletion certificate from the previous registry •Original or certified copy. Note: On a first phase of the registration, this document can be replaced by a document proving that the deletion of the registration was requested from the previous Registry. 6 – Authorization from the mortgagees •When there are registered mortgages over the yacht; •Original or certified copy; •Signed in the presence of a public notary, granting powers to act on behalf of the Bank. Note: All the above documentation must be translated into Portuguese (certified translation).25 Technical documentation The following technical documentation is required for the Registration of Pleasure Yachts in MAR: 1- Prototype Approval •With indication of the area of allowed navigation and the maximum number of persons on board. 2- Builder’s Certificate 3- Up To Date Survey Report •This survey must be carried out by a Classification Society recognised by the Portuguese Government, or by a Maritime Authority (or a duly authorized entity on its behalf) of a State subscriber to the IMO Conventions. •The survey report must contain clear and exact information concerning: a)Hull and Structures, stability: maintenance and upkeep conditions of the hull and structures, including the date of the last inspection on ground. Information about stability in case of a nonstandard approved model. b)Machines and Assistance Facilities: upkeep and operating conditions of the propulsory engines, electric generators, drain pumps, fire devices (reference to amount and distinctive signs). c)Navigation, Rescue and Assistance Facilities: list of these facilities, including radio- communication facilities. d)Standard Approval: if the craft is a standard model, it will be necessary to present a statement regarding that fact. Notes: (1) If the craft has radio communication equipment, it must have a Radio Station License issued by the Portuguese Administration Union (this license is obtained by MAR). (2) The inspection and resulting security certificate will be carried out every five years (at least). The lack of this certificate may imply the deletion of the registration at MAR. 4- CE Type Examination Certificate26 5- Station License •If the pleasure craft is equipped with radio communications devices, it will be necessary to present the previous Radio Station license, the radio communication equipment survey report and also a Declaration of Responsibility for the Radio Accounts. 6- Photos of the Pleasure Craft •6X9 cm, coloured and showing the name of the Pleasure Craft. 2 - Fees 1 - Pleasure yachts, registered for leisure purposes, are subject to: a)An initial fee due for the registration, in the amount of 500 euros; b)An annual fee payable to maintain the registration: i)For pleasure yachts between 7 and 24 meters long, a fee of 500 euros; ii)For pleasure yachts more than 24 meters long, a fee of 500 euros plus 2 euros per gross ton. 2 - Pleasure yachts, registered for commercial purposes, are subject to: a)For the initial registration or registration renewal: i)Fixed fee in the amount of 1.250 euros ii)Variable fee: GT: Gross Tonnage b)An annual fee payable to maintain the registration: i)Fixed fee of 1.000 euros; ii)Variable fee: GT: Gross Tonnage ScaleFee per scale Up to 250 GT200 euros Above 250 GT0,75 euros per NT ScaleFee per scale Up to 250 GT200 euros Above 250 GT0,75 euros per NT3 - Yachts owned by entities licensed within the legal scope of Madeira’s IBC benefit from an exemption from the initial fee for registration and to a 20% reduction in the annual fee. 4 - For the inspection undertaken upon the request of the shipowner or for the effects of MAR’s inspections, a fee of 100 euros/hour will be applicable. 5 - In addition to the costs referred to in the previous number, transport and board and lodging costs of the expert who undertakes the inspection are due and payable, by the owner. 6 - In the event that the inspection does not take place due to the late arrival of the pleasure boat or for any reason beyond the control of the Register, then the costs shall be borne by the owner. 7 - For the cancellation of the registration of pleasure yachts, a cancellation fee will be applicable in the amount of: a)250 euros for pleasure boats with leisure purposes; b)650 euros for pleasure boats with commercial purposes. 8 - The rendering of services and other registration deeds concerning pleasure yachts will be subject to a fee in the following amounts: a)For the issue, renewal, or endorsements of certificates and other documents of the yacht, a fee of 20 euros for pleasure boats with leisure purposes and of 130 euros for pleasure boats with commercial purposes; b)For the issue or recognition of each certificate of the officers and other seafarers, a fee of 100 euros and 25 euros, respectively; c)For the definition of the crew and the issue of the respective certificate relating to pleasure boats with commercial purposes, a fee is due in the amount of 200 euros; d)For the provision of forms, on-board record books and other inherent services, amounts are to be set by the Technical Commission of MAR, which shall be published. e)For the issue of the yacht’s radio station license, a fee is due, of 300 euros for pleasure boats with leisure purposes, and of 500 euros to pleasure boats with commercial purposes; f)For the vessel’s change of name, a fee of 40 euros; g)For the recognition, purchase, or change of ownership, a fee of 70 euros; h)For the recognition, formation, purchase, change or extinction of the right of use, a fee of 35 euros; i)For each construction contract, a fee of 20 euros; j)For the creation of a mortgage, its change or extinction, cession, assignment of mortgage credits, as well as preference ranking of mortgages, a fee of 60 euros.28 9 - The collection of the amounts referred to in the previous articles shall be effected as follows: a)With the registration, both the initial and annual fees; b)Prior to the beginning of each additional 12-month period, the subsequent annual fee shall be paid and its payment will be due from the first day of the month preceding the expiring date; c)All other amounts shall be paid against the issue of the corresponding documents and in accordance with the practice of the respective services and deeds. 10 - The owners of pleasure boats who choose to pay their annual fees for a period of two consecutive years, shall be entitled to benefit from a 20% reduction on the respective amounts due, if they effect the payment at once and within the payment term legally established. 11 - Failure to comply with the conditions of payment under the provisions of subdivision b) of number nº 9 determines that: a)In the course of the first and second months, an additional charge of 50% and 100%, respectively, is due; b)In the course of the third month, the Free Trade Zone Office will take the initiative to pursue the cancellation of the registration together with the specific execution procedure for the debt value, which includes the annual fee increased by 100% plus the amount due for the cancellation. 12 - The amounts referred to in the previous articles, under the terms of the Law and of the concession contract, shall be paid to the Regional Government of Madeira by means of payment(s) made to the account of the concessionaire of the Free Trade Zone of Madeira and producing written proof of such payment(s). The registration and annual fees above are set by Order nº 135/94, of the 1st of August, as amended by Order nº 145/2003, of the 29th of October.29 3 – Entities supporting yacht registration in MAR Several management companies and lawyers are experienced in providing support on the registration process and also act as legal representatives in Madeira. The following entities may be highlighted: Boatrust Management, Lda Rua da Queimada de Baixo, nº 5-A, 3º andar, Sala J 9000-068 Funchal, Madeira Tel.: 351.291.098295 Fax: 351.291.231213 boatrust@netmadeira.com Dixcart Management, Lda Rua dos Ilhéus, 6, 9000-176 Funchal, Madeira Tel: +351.291225019/ 291225403 Fax: +351.291226418 advice@dixcart.pt ECCO – Efficient Consulting Corporation, Lda. Rua da Queimada de cima, nº 28, 3º andar, sala P, 9000-065 Funchal, Madeira Tel.: 351.291.771323 E-mail: nveigafranca@efficientconsulting-co.com Web site: www.efficientconsulting-co.com Madeira Corporate Services, Lda. Avenida Arriaga, 77 - 6º Andar Sala 605, Edifício Marina Forum, 9000-060 Funchal, Madeira Tel.: 351.291.202400 Fax: 351.291.237188 E-mail: management@mcs.pt Madeira Fidúcia Management, Lda. Av. Arriaga, 73 -1º - 105, 9000-060 Funchal, Madeira Tel.: 351.291. 200980 Fax: 351.291.200989 E-mail: mfm@madeirafiducia.pt Madeira Management Co., Lda. P.O. Box 7 - Rua dos Murças, 98, 9000-058 Funchal, Madeira Tel.: 351.291.201700 Fax: 351.291.227144 E-mail: madeira.management@mmcl.pt Newco Corporate Services. Rua Dr. Brito Câmara nº 20 - 1º 9000-039 Funchal, Madeira Tel.: 351.291.210200 Fax: 351.291.210209 E-mail: info@newco.pro Tax Planning Management Company, Lda. Avenida Arriaga, 30 - 1º Sala A 9000-064 Funchal Tel: +351.291201980 Fax: +351.291220140 info@taxplanningmanagement.com Mrs. Cristina Dionísio, Lawyer Avenida Zarco, nº 2, 2º floor - 9000-059 Funchal, Madeira Tel.:/ Fax.: 351.291239305 E-mail: cristinad@asinergy.comNext >