Yachting regulations under the Thai Vessel Act 3/3
Thailand’s maritime legislation and its relevance for pleasure yacht and sport vessel owners. Part 3: The transfer of yacht ownership
Juristic act: The transfer of the ownership of a registered Thai yacht by a juristic act is made by lodging an application with the Vessel Registrar of the registration port for recording such transfer in the registration book. The agreement on the transfer of the ownership of the vessel under this section shall be made in the printed form of the Harbour Department before the Vessel Registrar. If the transfer of the ownership has already been made outside the registration port, a vessel registrar or a Thai consulate official of the port where the transfer has been made, as the case may be, shall act as the Vessel Registrar of the registration port. In doing so, he or she shall record such transfer in the registration certificate and send the copy of the ownership transfer agreement including its certified translation, if necessary, to the Vessel Registrar of the registration port immediately. Upon receiving such documents, the Vessel Registrar shall record the transfer thereof in the registration book.
Other transfers: If the ownership of a registered Thai vessel has passed to any person by means other than a juristic act, such person shall submit the registration certificate together with the certifying statement and any evidence relevant to his or her nationality to the Vessel Registrar of the registration port within ninety days from the date of the ownership transfer. For this purpose, the Vessel Registrar of the registration port shall have the power to summon any person or other relevant evidence for making an inquiry.
PUGNATORIUS Ltd. advised on the successful acquisition, yacht due diligence, cross-border tax structuring and fiscal compliance, offshore handover, import, customs declaration, and registration of a Lagoon 630 MY Catamaran for a client in Thailand. https://t.co/PpCsfO2gJg
— Bangkok Lawyer (@bangkoklawyer) February 21, 2020
Illegal transfers: In the case that the transferee lacks qualifications to be an owner of a Thai yacht the Vessel Registrar recalls the registration certificate and shall revoke it if the transfer has been made at the registration port. If the transfer has been made outside the registration port, a vessel registrar or a Thai consulate official, as the case may be, shall recall the registration certificate and send the report of the matter and the certificate to the Vessel Registrar of the registration port for revoking such registration.
Registration transfer: A registered Thai vessel may be requested to transfer for registration at any other port within Thailand. The application therefor shall be made in writing to the Vessel Registrar of the registration port by every interested person appeared in the registration book. The registration is recorded by the vessel registrar of the new port, a new registration certificate is issued and the old certificate is recalled back. This port shall be a new registration port of such yacht and the name of the port appeared on the hull of the vessel shall be changed to the new name.
Bringing a foreign yacht into Thai territorial waters
Procedures: Bringing in foreign vessels into Thai territorial waters requires an application with several documentary pieces of evidence. The Director-General of the Vessels Registration Division approves and submits the application to the Ministry of Transport for official signature. Subsequently, the Director-General signs name on the official permit.
Documents shall be submitted as follows: Permit to bring in the foreign yacht into Thai territorial waters, ship’s particulars, ship safety construction and equipment certificates, oil pollution prevention certificates, radio license certificates, international tonnage certificate, the advertisement in a newspaper for three insertions on three days. certificates or company registration, as well as a citizenship card of the person with power to sign.
#ThaiYachtLawTrilogy: Part 1 of the Thai Yacht Law Trilogy has the topic “Yacht ownership in Thailand“. Part 2 of the Thai Yacht Law Trilogy has the topic “The yacht registration under Thailand’s flag”