ANGOLA Law and Practice Contributed by: José Miguel Oliveira, António Caxito Marques, Caio de Mello Ferreira and João Saiago Canjeque, VdA
1.5 Temporary Registration of Vessels Article 35 of the Merchant Navy Law provides that temporary registration of a vessel is allowed for Ango - lan ship-owners who have a bareboat charter in a for - eign vessel. Based on this statute, dual registration is (theoretically) possible for vessels under a bareboat charter and for the duration of the relevant charter - party. 1.6 Registration of Mortgages The creation of rights in rem (including possession, ownership and security) or of any security interests (including mortgages) in respect of, or related to, vessels sailing under the Angolan flag is subject to mandatory registration with the Commercial Registry and the Central Security Registry. These processes are governed by Law No 11/21 of 22 April 2021 (“Law 11/21”), which governs the creation of rights in rem, and Presidential Decree No 114/21 of 29 April 2021 (“Presidential Decree 114/21”), which created the Central Security Registry, centralising the information on mortgages over vessels, as well as the registration of all ship-related securities. On the basis of the foregoing, mortgages over vessels registered (or to be registered) in Angola and sailing (or to be sailing) under the Angolan flag must always be governed by the laws of Angola and registered in Angola as a condition of their effectiveness and enforceability against third parties (erga omnes). Notary Deeds Prior to – and as a condition for – registration, mort - gages encumbering Angolan vessels must be execut - ed by means of a notary deed before a local notary public or a consular office. The documents required for the execution of the notary deed include: • a commercial registry certificate or equivalent document of the borrower; • a power of attorney issued to the benefit of the representative(s) of the lender attending and sign - ing the notary deed, on the assumption that the lender is not going to be represented by any of its legal representatives/directors; • a power of attorney issued to the benefit of the representative(s) of the borrower attending and signing the notary deed, on the assumption that
such as grounding, pollution or wreck removal. In performing its duties, the NMA is assisted by local port authorities and captaincy with jurisdiction over the area in which the casualty took place. Pursuant to the Merchant Navy Law, environmental authori - ties such as the Ministry of Environment may also be called to act in the event of (eventual) environmental damage and pollution. 1.3 Domestic Legislation Applicable to Ship Registration The key domestic pieces of legislation applicable to ship registration are the Merchant Navy Law, Decree- Law No 42644 and Decree No 42645, the last two both of 14 November 1959 (as amended), establishing the rules on commercial registry. In accordance with the Merchant Navy Law, all vessels, ships or other maritime craft are eligible for registration in Angola and fly the Angolan flag, provided that previous inspection and certification by the NMA is conducted and cleared, and compliance with age limitations is verified. The registration of ships in Angola is a two-tiered system, involving a flag registration with the port and maritime authorities (ie, the NMA and the port author - ity) and a commercial registration with the Commercial Registry. 1.4 Requirements for Ownership of Vessels The Merchant Navy Law provides that the registration of ships in Angola may be obtained by any natural or legal persons that have their permanent domicile or head office in the country. Under conditions of reci - procity with other countries, natural or legal persons domiciled or having their head offices abroad may also apply for registration of their ships in Angola, provided that they have a local representative in the country. However, the registration of ships engaged in specific activities (eg, cabotage) may be subject to more stringent requirements. Vessels under con - struction may also be registered, even though their registration will remain provisional until completion of the relevant works and carrying out of the applicable inspections and clearances.
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