Author: kancelaria

You are already the owner of a yacht, and you wonder how to save yourself unnecessary formalities and time not only at the stage of registering your yacht but also during further operation? Registering the yacht under the Polish flag can be really helpful with that.

Is it true that registering yachts in Poland is so advantageous?

Absolutely.

Registering recreational yachts up to 15 meters in Poland is a process that offers many benefits and conveniences for shipowners. Importantly, the owner does not have to be of Polish nationality, so foreigners often choose Polish flag for their yachts.

The biggest advantage of registering the yacht in Poland is its validity for a lifetime, which eliminates the need for periodic renewal. This is the biggest difference, compared to other flags.

In other countries, there are the obligations to renew registration, which is inconvenient but also leads to additional costs. Such a situation can often be a serious obstacle to the long-term operation of the yacht by the owner, who for example, in retirement fulfills his dream of traveling around the world.

This true global phenomenon is not only facilitating the shipowners’ lives, but it also spreads the red and white colors worldwide. It is now difficult to find a marina in the Mediterranean where a Polish flag would not be flying on at least one of the yachts.

The main advantages of registering yachts in Poland:

• Valid for life: registration is valid for a lifetime, eliminating the need for annual renewal, providing stability and convenience for shipowners.
• No periodic fees: it does not require annual renewal, eliminating the additional costs associated with it.
• Fast registration process: the process is quick and efficient.
• No restrictions for recreational yachts: Poland does not impose additional restrictions on yachts up to 15 meters in length, for example, by not requiring annual safety inspections and technical surveys.
• Basic documentation: only basic documents are required, making the entire process more user-friendly and less complicated for shipowners.
• No additional costs: and no chargeable obligations, which reduces the final operational costs of the yacht.

More about the process.

The process of registering yachts in Poland is relatively quick and efficient, allowing shipowners to quickly enjoy legal status of their boats. Restrictions regarding recreational yachts are also relatively small, making registration attractive to both amateurs and professionals.

Basic documentation is required for registration, which every new buyer will receive from the previous owner or from the shipyard. In case of older yachts, many data concerning the yacht can only be declared, and no document at all is required for this purpose. The minimum amount of required documents, and the possibility of replacing original documents with scans, makes the whole process more user-friendly and less complicated for shipowners compared to competitive flags. This also reduces unnecessary documentation, which is important especially for people planning to purchase a yacht abroad or people from outside Poland.

So, are there any obligations?

For yachts up to 15 meters in length, there are no additional restrictions other than obtaining a radio permit for a period of 10 years. Radio permission is a separate procedure that can be completed after obtaining the registration document.

Larger yachts must undergo safety inspection and technical inspection according to an established schedule. This is done in appropriate cycles, depending on the age of the yacht.

This is practically the only difficulty, and it applies only to those larger yachts and all commercial ones. For recreational yachts up to 15 m, the most popular ones, such an obligation is not foreseen.

Of course, the financial aspect is also important here, because inspections and surveys are usually costly. And it is in other countries that they are also mandatory for recreational yachts up to 15 m. Therefore, it is not worth complicating your life and choosing the best solution for yourself – which is Polish flag – seems to be very reasonable.

Who can help you with the process?

Foreign shipowners are obliged to provide an address in Poland for correspondence purposes. This often involves the need to engage a proxy not only to receive correspondence related to yacht registration but also for assistance in completing the registration application, contacting the registering authority, etc. Therefore, choosing the right person to help you with these actions is necessary.

It is worth having a professional proxy who guarantees to provide you with all necessary information and the completion of all required formalities. Very often, you can come across offers whose authors are guided by nothing but the desire to profit from the “performance” of the yacht registration service. It is recommended to avoid such offers and choose a reliable and trustworthy proxy.

Summary

Registering yachts in Poland becomes more popular and attractive every year, especially for those seeking stability, convenience, and safety in their sailing adventure. We encourage all to get to know all the possibilities of yacht registration in Poland and to join the wide community of sea travel enthusiasts under the Polish flag.

Resently we examined the legal status of a floating dock in the Polish Martime Code and we assumed that – under some conditions – it can be considered a sea vessel.

One of it is that, the dock should be registered in the ship registry (maintained by the Maritime Chamber) but only upon the owner’s request.

But because such registration is not mandatory, it should be at least registered with the Maritime Office.

Only then we can say that the dock can be treated as a sea vessel.

Can the floating dock be used to secure debt repayment?

Let’s consider whether it’s possible to use a floating dock in any way to secure debt repayment. It may be really crucial especially during an ongoing judicial process, which can last for years in the current Polish context.

Any party or participant in a judicial proceeding can request security, but they must demonstrate:

• claim,
• legitimate interest in obtaining security.

A legitimate interest exists when the lack of security would make it impossible or significantly impede the enforcement of a judgment or the achievement of the proceeding’s goal in another way.

Interestingly, the Polish law does not require the actual proof of the claim and the legitimate interest. It is sufficient to make them probable.

Establishing a legitimate interest involves demonstrating through persuasive arguments that the lack of security would make it impossible or significantly impede the enforcement of the judgment or the achievement of the proceeding’s goal.

So, if you are a creditor, you must:

• describe the basis for claiming the debt (e.g., you entered into a contract for ship repairs, completed the work, issued an invoice, and the shipowner did not pay you); attach documents to the application confirming the described situation (e.g., a repair contract, protocols, invoices, payment requests).
• convince the court that the lack of security might hinder future enforcement proceedings; you must convince the court, for instance, that the debtor is divesting assets, not paying its employees, or is at risk of bankruptcy; such claims should be substantiated (e.g., through online publications).

Methods of securing monetary claims

Let’s assume that you persuaded the court that you need the security, the question that still remains is: what instrument should you use? It is on your side to indicate it in you initial motion.

You have these options:

• seizure of movable property, wages, claims from bank accounts, or other property rights,
• imposing a judical mortgage on real estate,
• Imposing a ban on the sale or encumbrance of real estate without a land registry or when the land registry has been lost or destroyed,
• imposing a maritime mortgage on a ship or ship under construction,
• imposing a ban on the sale of cooperative ownership rights to a flat,
• appointing a forced administrator over the debtor’s business or agricultural enterprise or a facility belonging to the business or its part.

As you can see there are various ways of securing your claim. Unfortunately, among these methods, there’s no direct mention of a floating dock or any related action.

Establishing a maritime mortgage on the dock

Can you secure your claim by imposing a maritime mortgage on the floating dock? Yes, but two conditions must be met:

1. assumption that the dock is considered a vessel according to maritime law, which may raise doubts,
2. dock must be registered in the ship registry maintained by the Maritime Chamber.

If the dock is not registered in the ship registry, this option will not be available.

In such a case, you would need to choose a different method to secure your debt repayment, such as i.e. seizing the debtor’s bank account or claims from third parties.

For a shipyard engaged in repairs, you may have the option of specifying the shipowner who is having their ship repaired and seizing the debt owed to the shipyard as compensation for the repair work.

Can the floating dock be secured at all?

As you can see, if the dock is not registered in the ship registry, it’s challenging. The only method of securing it judicially would be through a maritime mortgage.

However, this does not preclude extrajudicial security. A dock registered only with the Maritime Office could be encumbered with a pledge or a registered pledge.

But this requires cooperation between the creditor and the debtor and an agreement between them. Which is likely possible when there are no disputes or within the same corporate group.

Compiled by:

Karolina Grygorcewicz i Patryk Zbroja

Have you ever imagined how incredibly romantic and unique it could be to have a wedding on a yacht? It’s an extraordinary and unconventional setting that offers both beautiful views and a mysterious atmosphere.

Did you know that it’s possible to turn this dream into reality? In this article, we will explore the possibilities of getting married on a yacht in Poland, in the presence of a captain and after meeting all the legal requirements.

Wedding on a yacht

A wedding is a precious moment in life when two people in love decide to unite their lives forever. Traditionally, weddings take place in a church or a civil registry office, but today, more and more couples are looking for unconventional locations for their ceremonies.

One attractive option is to get married on a yacht. It’s not only romantic but also an adventurous experience that can become a cherished memory for a lifetime.

But is it even possible to have a wedding on a yacht? It turns out it is, but under specific circumstances. In Poland, a yacht captain does not automatically have the authority to officiate weddings. This task is entrusted to civil registry officials or clergy.

What to do when the captain isn’t a priest or civil registry clerk?

There are two solutions.

On of it is inviting a civil registry office director, their deputy, or a clergy member on board to conduct the wedding procedure.

You can also find a country where a wedding at sea is possible and the captain has the authority of a state official or where the law allows any person, including the captain, to officiate weddings.

In such a case, the captain can officiate the wedding on the yacht either in inland waters or up to 12 nautical miles from the coast of the respective country.

Unfortunately, finding such a country is not easy.

What documents do you need for a yacht wedding?

The required documents may vary depending on whether you want a civil or religious wedding.

For a civil wedding on a yacht in Poland, you will need:

• identification documents for both future spouses, such as ID cards or passports,
• full birth certificates issued not later than three months before the wedding date),
• a certificate of legal capacity to marry, issued by the Polish Civil Registry Office not later than three months before the planned wedding date,
• a statement confirming that, according to Polish law, the individuals planning the marriage have the legal capacity to do so.

A crucial document will be the application to hold the wedding outside the Civil Registry Office. But please be aware that the head of the Civil Registry Office may refuse to allow the wedding on a yacht if they determine that the location does not guarantee the solemnity and safety required for the ceremony.

And, if you choose another country, you may need to gather additional permits, certificates, or provide proof of payment for any required fees.

Not the end of formalities

When you exchange symbolic vows and the wedding is conducted, not all formalities are complete. In the case of a wedding on a foreign yacht, Polish authorities do not have access to information from foreign offices. Therefore, you must report the marriage to any Polish Civil Registry Office.

As part of this report, you must provide the original marriage certificate along with a sworn translation into Polish.

Every Civil Registry Office in Poland has access to a nationwide database. This means that all formalities related to your civil status can be handled at any office in Poland, which can be quite convenient.

To sum up

Getting married on a yacht is an extraordinary experience that combines romance, adventure, and the fulfillment of dreams. Dreams that will last forever.

However, remember that in addition to the magic of the moment, there is also a legal aspect that requires attention and proper preparation.

Compiled by:

Kinga Fabisiak