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Purchase vessels, yachts

PURCHASE OF CRAFT

The process of buying and selling of the craft requires a number of documents and the implementation of some provided actions.

The craft must be registered in special ship registers of the competent Port Authority.

The crafts, depending on their size, are recorded in the:

- Ship Register of small crafts (up to 12 meters)

- Ship Register of large crafts (more than 12 meters).

The crafts also differ in their purpose to private, unprofessional or tourist.

For this category of craft, the owner shall obtain a special permission to operate the craft.

*In case if the owner of the craft is a foreigner, a prerequisite for obtaining this permission is a commencement of the business activity by a specific code.

 

Thus, depending on the craft’s type and purpose for which it is intended, after its purchase (which is confirmed by the private agreement), the following procedure should be followed:

ASSIGNMENT – TRANSFER OF OWNERSHIP OF AMATEUR CRAFTS

PREREQUISITES – SUPPORTING DOCUMENTS

1. Application of the Buyer in duplicate. (Sample 1)

2. Private agreement between the Seller and the Buyer with the authentication of the genuineness of signature and further certification in Tax Office (Sample 2)

In the event if in the private agreement it is stated that the ownership of the craft or vehicle is retained by the seller until full payment of the contract value, the owner’s name in the corresponding column is registered buyer’s name and it is not allowed the further transfer of ownership till the presentation of the receipt of the full payment. A brief mention of the retention of title is indicated by the red pen in the column "remarks" of the registers of small crafts, as well as in the permission to use the craft.

3. Three (03) photos of the Buyer.

4. Solemn declaration of the Buyer in duplicate, stating that the craft that is to be sold, has been declared to the Tax Office for the previous financial year (Sample 3).

One solemn declaration is applied to the supporting documentation for the transfer of ownership of the craft, while the second one is sent to the competent tax office of the concerned seller.

If the craft has not been declared, in such case the provisions set out below are applied in accordance with the Ministerial Decision 1028284/426/Α0012 (Governmental Gazette 205Β/91).

If the previous owner has not signed the aforementioned solemn declaration owing to the fact that the craft was not registered in the tax authorities, in this case, for the transfer of ownership, the person who has an appropriate request (the Buyer) notifies the other person who should sign this declaration (the Seller) in writing, and requires to submit a relevant declaration to the competent tax office for the implementation of property rights transfer procedure.

The serving of this written invitation to the Seller is carried out by the bailiff in accordance with the Regulations on the Service of documents of Civil Procedure Code.

The Seller must provide the solemn declaration within one (1) month from the day following the serving of the written invitation (Article 1).

This invitation should contain, inter alia, the following information:

a) The Buyer data, who has a corresponding requirement, as well as of the tax service, which is competent for the taxation of his income.

b) The reason that the person concerned is legitimized.

c) The data identifying the property the Buyer is interested in.

d) Full details of the Seller and, in particular, about of his last known place of residence and work (Article 2).

If the Seller does not provide the above-mentioned solemn declaration within one (1) month (as it was mentioned above), an interested Buyer will submit in three (3) certified copies the relevant invitation to the tax office, competent for the taxation of income of the Seller, and a certified copy of the confirmation of his notification. The authority after authentication of these documents returns two of them to the person concerned.

The submission to the competent tax office of the copy of the relevant invitation must be made within one (1) month from the day following the expiration of the deadline for submission of the solemn declaration of the Seller.

In case if the interested Buyer does not know what tax office is competent for taxation of the Seller or if he lives in another city, not on the location of the main office of the tax service, a letter of invitation must be submitted in four (4) certified copies to the tax service, competent for taxation of his income (of the Buyer). The authority after authentication of these documents returns two of them to the person concerned.

5. The certificate about the absence of debts to the port authority, in cases where the craft is moored in the state public ports in relation to the State, legal entities of public law or corporations, representing common interests. Otherwise, the solemn declaration of the Seller is submitted.

6. Solemn declaration of the Buyer that the craft has all the equipment provided that is mentioned in the license for setting into operation of the craft in accordance with local authorized limits, that it is in a satisfactory condition and that the expiry date of their validity has not passed yet.

7. Solemn declaration that the mentioned TIN in the declaration is right and unique, as well as the tax office in which it was issued.

8. Solemn declaration of the Seller about absence of ship register.

9. When the title of ownership changes 100%, the license to the craft’s use should be changed, by submitting the relevant application by the owner, payment receipt of three (3) euro for Special Fund of the Navy Financial Assistance in triplicate, payment receipt of five (5) euro for the Special Branch of Financial Assistance to the Navy dividends holders in quadruplicate. If the craft didn’t have such license, it’s necessary to be provided a certificate from the manufacturer or a certified Naval Engineer or similar crafts’ manufacturer of its first (license’s) issue.

10. If the craft has a VHF device, should be provided a license of the VHF station and the certificate of the company responsible for its installation.

11. If the buyer or the seller is a company, the following documents should be provided:

1. company charter

2. certificate on the establishment of the company (for joint stock companies - from the prefecture, for other types of companies - from the Court of First Instance)

3. for joint stock companies are provided the minutes of the meeting the Board of Directors of those persons who are obliged in front of the company, and for limited liability companies - with the reference of the person who is obliged in front of the company.

4.  solemn declaration of the person who is obliged in front of the company, which refers to the data of his identity card, VAT, the competent tax office, the address of residence of each of the partners of the company and the manager’s; for joint stock companies – solemn declaration of the chairman of board of directors and managers’ and executive directors’, the competent tax authority concerning the taxation of income of the above persons, and on the other hand, that information on further their data’ amendments will be performed in the same way within 30 days the date of the amendment.

12. payment receipt of five (5) euro for the Special Branch of Financial Assistance to the Navy dividends holders in quadruplicate

13. ID card

14. Taxpayer identification number

15. The personal presence of the buyer and seller or a third party acting on powers of attorney, certified in public service.

16. If any mortgage on the craft is registered, the relevant document from the bank should be provided.

TERMS OF THE FINAL DECISION OR THE IMPLEMENTATION OF ALL PROCEDURES

On the same day (at the height of the season - five working days from the date of submission of all documents)

NOTE

The above documentation and conditions are also applied and in the cases of such declarations to any port authority.

Samples of documents

ASSIGNMENT – TRANSFER OF OWNERSHIP OF PROFESSIONAL CRAFTS

PREREQUISITES – SUPPORTING DOCUMENTS

1.Application of the Buyer in duplicate. (Sample 1)

2.Approval of the competent authority of the prefectural government / fisheries directorate.

3.Private agreement between the Seller and the Buyer with the authentication of the genuineness of signature and further certification in Tax Office (Sample 2)

In the event if in the private agreement it is stated that the ownership of the craft or vehicle is retained by the seller until full payment of the contract value, the owner’s name in the corresponding column is registered buyer’s name and it is not allowed the further transfer of ownership till the presentation of the receipt of the full payment. A brief mention of the retention of title is indicated by the red pen in the column "remarks" of the registers of small crafts, as well as in the permission to use the craft.

4. Three (03) photos of the Buyer.

5. The certificate about the absence of debts to the port authority, in cases where the craft is moored in the state public ports in relation to the State, legal entities of public law or corporations, representing common interests. Otherwise, the solemn declaration of the Seller is submitted.

6.Solemn declaration of the Seller about absence of ship register.

7. When the title of ownership changes 100%, the license to the craft’s use should be changed, by submitting the relevant application by the owner, payment receipt of three (3) euro for Special Fund of the Navy Financial Assistance in triplicate, payment receipt of five (5) euro for the Special Branch of Financial Assistance to the Navy dividends holders in quadruplicate. If the craft didn’t have such license, it’s necessary to be provided a certificate from the manufacturer or a certified Naval Engineer or similar crafts’ manufacturer of its first (license’s) issue.

8.If the craft has a VHF device, should be provided a license of the VHF station and the certificate of the company responsible for its installation.

9. If the buyer or the seller is a company, the following documents should be provided:

1. company charter

2. certificate on the establishment of the company (for joint stock companies - from the prefecture, for other types of companies - from the Court of First Instance)

3. for joint stock companies are provided the minutes of the meeting the Board of Directors of those persons who are obliged in front of the company, and for limited liability companies - with the reference of the person who is obliged in front of the company.

4.  solemn declaration of the person who is obliged in front of the company, which refers to the data of his identity card, VAT, the competent tax office, the address of residence of each of the partners of the company and the manager’s; for joint stock companies – solemn declaration of the chairman of board of directors and managers’ and executive directors’, the competent tax authority concerning the taxation of income of the above persons, and on the other hand, that information on further their data’ amendments will be performed in the same way within 30 days the date of the amendment.

10. payment receipt of five (5) euro for the Special Branch of Financial Assistance to the Navy dividends holders in quadruplicate

11. ID card

12. Taxpayer identification number

13. If the craft’s length is six (06) meters and more the seller provides the certificate on VAT payment, issued by a competent tax office.

14.The personal presence of the buyer and seller or a third party acting on powers of attorney, certified in public service.

15. If any mortgage on the craft is registered, the relevant document from the bank should be provided.

16. Solemn declaration of the Buyer that the craft has all the equipment provided that is mentioned in the license for setting into operation of the craft in accordance with local authorized limits, that it is in a satisfactory condition and that the expiry date of their validity has not passed yet.

17.Solemn declaration that the mentioned TIN in the declaration is right and unique, as well as the tax office in which it was issued.

TERMS OF THE FINAL DECISION OR THE IMPLEMENTATION OF ALL PROCEDURES

On the same day (at the height of the season - five working days from the date of submission of all documents)

NOTE

The above documentation and conditions are also applied and in the cases of such declarations to any port authority.

Samples of documents