SPAIN Law and Practice Contributed by: Verónica Meana, José Antonio Domínguez, Enrique Ortiz and Mikel Garteiz-goxeaskoa, Aiyon Abogados
1.4 Requirements for Ownership of Vessels Under the Spanish State Ports and Merchant Navy Act, only individuals or companies domi - ciled in Spain or in any of the European Eco - nomic Area (EEA) countries, provided that they have a representative within Spanish territory, can own a Spanish-flagged vessel. For com - panies domiciled outside the EEA, the Spanish flag is only accessible if the vessel is registered under the REBECA. Title to ownership (sale contract) will be in writing and ownership will be acquired with the delivery of the vessel after the contract of sale purchase. However, in order to register the ownership of the vessel, the sale contract needs to be con - tained in a public deed. Vessels under construction are registered in list nine of the Marine Administrative Registry. List nine is a temporary registration for these vessels. Once the construction has finished, the vessel is registered in the appropriate list according to the purpose of the vessel and the temporary regis - tration is closed. Vessels under construction can also be regis - tered in the Registry of Movable Goods. Regis - tration in the Registry of Movable Goods is com - pulsory when the vessel under construction is subject to a mortgage. 1.5 Temporary Registration of Vessels Temporary registration of vessels under the Spanish flag is permitted when a foreign-flagged vessel is under a bareboat charterparty and the charterer has its domicile in Spain. The tempo - rary registration will last for the duration of the charterparty.
Spanish-flagged vessels chartered by a person domiciled outside Spain may also be temporarily registered in the country of the charterers for the duration of the charterparty. However, Spain does not permit a dual regis - tration. Vessels registered in Spain may only fly the Spanish flag. Temporary registration of a foreign vessel in Spain will only take place after the Registry is satisfied that the vessel has been The constitution, modification or cancellation of a mortgage or encumbrance on a vessel must be recorded in the Registry of Movable Goods which is the responsibility of the Ministry of Jus - tice. The mortgage agreement may be granted by means of a private contract or a notarial deed. The mortgage agreement must identify: • the parties; • the loan guaranteed by the mortgage; • the date of payment of capital and interest; • the description and identification of the ves - sel; • the value of the vessel (if two or more vessels are mortgaged); • the amount for which each vessel is mort - gaged; and • any other contractual provision to which the parties have agreed. 1.7 Ship Ownership and Mortgages Registry The Registry of Movable Goods and the Mari - time Registry are public. Any one may obtain information from their records by applying to the Registry and paying the fees required for that information. suspended from its original flag. 1.6 Registration of Mortgages
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