a. Transfer – To a Danish Owner
You must establish that the document of title satisfies the criteria of the Danish Register of Shipping.
– see Document requirements for ship registration
If you use one of these forms and it is filled out correctly, then your document of title will be in the order:
The original completed and signed form shall be reported to the Register of Shipping.
If signing for either the buyer or seller is done by power of attorney, remember to attach the original power of attorney.
In the case of estate administration with executor, the probate court pursuant to section 31(2) of the Danish Maritime Act will, when the executor has informed the court that the estate includes a registered ship, report the estate processing to the Danish Register of Shipping.
b. For non-Danish owners, who wish to register a ship in a non-Danish register. (The ship must thus be removed from the Danish Register of Shipping)
In this situation you just need to report the ship for deletion from the Danish Register of Shipping. The change of ownership is not reported independently.
The form nr. 17 - Udslettelse af skib på grund af overdragelse til ikke-dansk ejer -(link) shall be submitted.
Submission of the form must be accompanied by a copy of the document of title by which the ship is handed over to the non-Danish owner. If the document of title does not clearly state the date on which ownership of the ship passes to the buyer, a copy of the delivery and transfer record must also be attached.
c. Inheritance - Change of ownership of ship in case of death with administrator estate, private change or undivided estate
If you become the owner of the ship in connection with an inheritance or undivided estate, a title document shall not be created. However, you must document that the ship is yours and report it to the Danish Ship Register.
At the same time, the heir(s) must be reported as owners of the ship. See above under points b. 1 og 2 om anmeldelse af ejer.
Depending on the situation, you do this by submitting the following:
Private probate
There is only one heir, and this person is to own the ship.
When the estate according to the probate certificate is assigned to you, and only you, the original probate certificate must be reported to the Ship Register. Then you can become you registered as the new owner of the ship. Alternatively, you can ask the court to send the certificate to the Danish Ship Register via the court's e-Boks.
The certificate is sent to the Register of Shipping either as an original signed, physical document or via the court's e-Boks.
There are several heirs and one or more of them are to own the ship.
When there are several heirs in the estate and the ship passes to one or more of the heirs, they must all declare who takes over the ship. If there are to be several owners, the heirs must also all declare how many shares each heir is to take over.
The probate certificate and all the heirs' signed and dated declarations are sent to the Ship Register either as original, physical documents or you can request the court to send the documents to the Ship Register via the court's e-Boks.
Via the court’s e-Boks. The Danish Register of Shipping then registers the new owner(s).
Alternatively, all heirs can sign an inheritance certificate, which is sent to the Register of Shipping, as an original document together with the original certificate of probate.
The ship is transferred to someone, who is not an heir.
If you, as heir, sell the ship before the estate is completed in whole or in part to someone who is not the heir, the change of ownership cannot be registered on the basis of the probate certificate alone. In this situation, both the certificate of probate and the bill of sale must be presented. The certificate of probate is sent to the Ship Register either as an original physical document or you can request the court to send the transcript to the Ship Register via the court's e-Boks.
The bill of sale must be sent to the Register of Shipping as an original document.
Executor estate
This can be done as above, with the exception that the declaration or inheritance deed is issued by the executor.
The executor must submit the original signed certificate of executorship for report to the Register of Shipping. Alternatively, the certificate can be sent via the court's e-Box to the Register of Shipping.
Pursuant to section 31(2) of the Danish Maritime Act, when the executor has informed the court that the estate includes a registered ship, they must notify the Register of Shipping of the probate.
Undivided Estate
When a surviving spouse chooses to remain in an undivided estate, you must submit the probate certificate that the estate is an undivided estate to the Ship Register. The surviving spouse can then apply to be registered as the owner of the ship him/herself.
If the surviving spouse wishes to transfer the ship to others, the surviving spouse issues a title document which is reported to the Register of Shipping. At the same time, an original signed grant of probate that the estate is an undivided estate. Alternatively, you can ask the court to send the certificate to the Danish Maritime Authority via the court's e-Boks.
d. Bankruptcy or other estates (except estates of deceased persons)
If you are registered as the owner of a ship in the Register of Shipping and the court takes your estate into bankruptcy proceedings (proceedings are initiated) with regard to:
- Gældssanering
- Frivillig akkord
- Tvangsakkord
- Rekonstruktionsbehandling (tidligere kaldet betalingsstandsning)
- Likvidation af selskabet
- Debt relief
- Voluntary composition
- Compulsory composition
- Restructuring
- Liquidation of the company
then the Ship Register must be notified that the case is initiated. The Register of Shipping notes on the Danish Ship Registers that the administration of the estate has begun.
Who has disposal before treatment under 1-5 is finished?
As long as a case referred to above is pending bankruptcy or restructuring, the executor has disposal of the vessel.
In the event of liquidation – voluntary or compulsory – the liquidator has disposal of the ship.
In the event of debt relief and compulsory composition, you as the owner of the ship still have the right of disposal. In the case of voluntary composition, the right of disposal depends on the composition agreement.
The ship register requires that the above-mentioned authorization right for companies etc. with a registered authorization rule is registered in the CVR before the council of registered ships is registered.
When proceedings 1-5 have been completed and bankruptcy has occurred.
When a judgment on bankruptcy, debt relief, voluntary and compulsory composition or restructuring is handed down, the Register of Shipping must be notified. We must receive an original transcript of the court records signed by the court. Alternatively, you can ask the court to send the transcript to the Danish Maritime Authority via the court's e-Boks.
If a change of ownership is to be registered, a document of title and a declaration of ownership must be submitted, as usual, cf. points B 1) and 2).
For a legal person, the authority to sign shall be stated in the CVR when the court has made a decision and the bankrupted company is a society. In other cases, the curator’s certificate may be sent to the Danish Register of Shipping as an original or directly from the court's e-Boks to the Danish Register of Shipping.
If a solvent company chooses to go into liquidation, you do not need notify us. If the company is subsequently dissolved and the ship changes ownership, the Register of Shipping must receive an original, certified transcript from the probate court about the liquidation or transcript via e-Boks from the probate court. At the same time, the new owner must be reported to the register. If the ship is to be deleted from the register, it must be notified to us.
e. Change of owner in connection with merger or fission
It should be noted that in the following there is only a merger or fission between companies covered by the Danish Companies Act. This is a business transformation and not a transfer of an enterprise.
1) Merger
If two companies are merged, the continuing company must be registered as the owner of the ship. An original application for registration of the merger must be reported to the Danish Register of Shipping, and the merger must be confirmed by an entry in the CVR register.
Alternatively, a bill of sale can be submitted, after which a change of ownership is registered and not a merger.
If the continuing company is not already registered as an owner of a ship or is a non-Danish company, a report of ownership must also be made, cf. above.
2) Fission
In the case of fission of a company (the company is divided into several companies), an original application for registration of a new owner of the ship must be submitted to the Register of Shipping. The fission must be able to be confirmed through the CVR register. It must also be documented that the ship has been transferred to a new owner. The documentation can, for example, be a completed fission plan or a bill of sale.