CYPRUS Law and Practice Contributed by: Kyriacos Scordis and Sofi Mylona, SCORDIS PAPAPETROU & Co LLC
on the ship until it is discharged by the mortga - gees. A Cyprus mortgage consists of a statutory mortgage and collateral deed of covenants (the “Mortgage”). The documentary requirements for the registration of a Mortgage on a Cyprus ship are: • a written application by a local lawyer; • resolutions of directors, on behalf of the ship- owners; • a duly executed power of attorney, on behalf of the ship-owners and the mortgagee; • the duly executed Mortgage; and • a Certificate of Directors and Secretary (if the ship-owner is a Cyprus-registered company) or a duly executed Incumbency Certificate (if the ship-owner is a foreign entity). 1.7 Ship Ownership and Mortgages Registry Depending on the SDM’s policies and facilities at the relevant time, access to ship ownership and mortgage details may be available through the following. • In-person visits: individuals may be able to visit the SDM in person for inspection. However, while ownership and mortgage information are public, certain details may be protected under privacy laws. • Ordering a transcript of the registration of a registered vessel: a transcript of the registra - tion of a registered vessel can be ordered by the public (upon payment of the prescribed fee) evidencing: (a) the particulars of the vessel; (b) the name and address of the legal owner of the vessel; and
(c) the details of any registered mortgage (ie, the date and time of its registration and the details of the mortgagee). 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal In the event of pollution, the Republic of Cyprus will apply international conventions, EU law and national law, including the following. • International conventions: (a) the Merchant Shipping (Ship Source Pol - lution) Law of 2008 (Law 45(I)/2008), as amended; (b) the International Convention on Civil Li - ability for Oil Pollution Damage of 1969 (CLC), and its Protocols of 1976 and 1992 and Amendments of 2000; (c) the International Convention for the Protection of the Marine Environment and the Coastal Region of the Mediterranean 1975 (the “Barcelona Convention”) and its amendments; (d) the International Convention for the Establishment of an International Fund for Compensation for Oil Pollution Damage of 1971, and its Protocols of 1976 and 1992 and subsequent amendments; (e) the International Convention on the Prevention of Marine Pollution by Dump - ing of Wastes and other Matter 1972 (the “London Convention”), as amended (Law No 203/1988); (f) the International Convention for the Prevention of Pollution from Ships 1973 (MARPOL), as amended by Protocol 1978 and its Amendments; (g) the Basel Convention on the Control of
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