Maritime Law in Transactions

Verifying the Legal Status of the Vessel

Buying a ship is not an ordinary commercial transaction where an invoice is enough. At Gdynia Maritime Dialogue, we know that the devil is in the registers. Last year alone, we analyzed 14 cases where the seller tried to conceal mortgage encumbrances on the vessel. We check entries in the Polish Register of Shipping and 6 popular international registers, such as Malta or Cyprus. We are not interested in promises because facts matter to us. Every legal opinion we prepare is based on hard data from extracts obtained within the last 48 hours before signing the contract.

Safe Ownership Transfer and Flag Change

The ship ownership transfer process often fails due to the lack of a single certificate, generating port laytime costs exceeding 2300 PLN per day. We help avoid such losses. We prepare complete documentation necessary to strike the vessel from the current register and enter it under a new flag. In November 2023, we conducted the ownership transfer of a fishing cutter in just 9 business days, ensuring all safety requirements and class certificates were met. Our quayside practice allows us to predict what documents the harbor master's office will ask for before the application is even filed.

What we verify during a transactional audit:

• Clearness of maritime mortgage and lack of third-party claims.
• Validity of class certificates (PRS, DNV, Lloyd's Register).
• Compliance of technical parameters with register documentation.
• Authorization of persons signing the contract on behalf of the shipowner.
• Obligations toward the crew and outstanding port fees.

Negotiating Terms of the Bill of Sale

Most disputes arise from unclear clauses about the technical condition at the time of delivery. We apply hard charter and sale conditions that precisely define the moment of risk transfer. We do not use legal jargon. If a ship has a hidden defect known to the seller, we record a compensation mechanism with a specific amount, rather than a general phrase about repairing the damage. In one of our recent cases at the port of Gdynia, thanks to a precise clause regarding a diving inspection, the client avoided propeller repair costs worth 17,800 PLN.

Concrete Support for Closing Documents

Closing a transaction is the moment when the Bill of Sale and the delivery protocol are handed over. We ensure these documents are signed in the presence of a notary or consul if required by the flag state's law. Without unnecessary talk, we prepare a list of 12 essential attachments that must be in the ship's file on the transaction day. Frankly, if the documentation is not complete 3 days before the deadline, we advise withholding payment. Our clients' financial security is more important than a trader's haste. Our office at Świętojańska 45 handles all formalities so the shipowner can focus on operating the vessel.

Sometimes, registry processes take longer than planned, especially with exotic flags. In such situations, we immediately inform you of the realistic completion date. We don't promise miracles, but we guarantee solid paperwork that will withstand any port inspection.