DENMARK Law and Practice Contributed by: Johannes Grove Nielsen and Camilla Søgaard Hudson, Bech-Bruun
• the unit responsible for the operation of the ship meets the requirements to be covered by the Danish tonnage tax regime; or • the shipping company, organisation or per - son who holds or has applied for the ship’s compliance document in accordance with the Code of Compliance (“document of compli - ance”) is established in Denmark. Furthermore, it is a requirement that the ship- owner appoints a Danish entity – either a natu - ral or legal person – who can be contacted for inspection purposes and who can be sued on behalf of the ship-owner. For foreign ship-own - ers, the appointed managing owner must either be a citizen or a legal person from a country within the EU or European Economic Area (EEA). Managing ship-owners from outside the EU or EEA are not eligible. Both conditions must be fulfilled for the ship to remain registered in Denmark. The Danish Maritime Authority carries out random checks to determine whether ships are registered with a non-Danish owner, and whether the ship and owner meet the registration conditions, on an ongoing basis. Pursuant to the Danish Merchant Shipping Act, a special section of the ship register has been established under the DAS register. This section is called the ship-building register. Ships that are under construction in Denmark can be registered in the register. The precondition is that the ship can be reliably identified and that its tonnage is estimated to be at least 5 GT. There is no obliga - tion to register, and no requirements regarding the nationality of the owner. A request for regis - tration can be made by the owner, which must be confirmed by the ship-builder. The detailed rules on registration in the ship-building register, registration of rights and deletion from the reg -
ister are essentially the same as for the actual ship registers. Foreign-registered vessels can be bareboat-reg - istered in the DIS, and Danish vessels can be bareboat-registered under certain foreign flags. 1.5 Temporary Registration of Vessels The Merchant Shipping Act provides for the possibility for foreign ships to be registered temporarily in the Danish ship registers under certain circumstances, and for Danish ships to be correspondingly registered in foreign reg - isters. The basic condition is that the ship be bareboat-chartered, and it is thus the charterer who requests the flag change. The purpose of these rules is to enable the parties to the charter - party to have the nationality of the ship changed temporarily, should there be any benefits associ - ated with it. The registration can take place in both the DIS and the DAS, and the ship can be admitted for a period of up to five years. However, this period may be extended by up to one year at a time, at The Danish Maritime Authority is the authority responsible for the registration of mortgages. Ship mortgages must be registered in the DAS or the DIS. The registration must be done by using the standard forms provided by the Danish Maritime Authority. The owner of the vessel must send the original mortgage deed to the DIS or the DAS. The pages of the deed must be num - bered consecutively and signed by the issuer of the mortgage. A passport or similar proof of identity is often required. The ship-owner can submit documents in both Danish and English. the written request of the charterer. 1.6 Registration of Mortgages
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