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13-08-2016, 06:21
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#1
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Registered User
Join Date: Mar 2014
Location: Seattle, WA
Posts: 832
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Legal status of ship master
My boat will be owned under a registered company, not in my personal name. However, when sailing to foreign ports there will need to be a letter of authorization recognizing that the captain (me) has full authority (as owners representative) to operate the boat, especially in foreign ports.
The concern is ensuring that foreign countries do not question that perhaps the boat is being chartered or being used in some commercial purpose, which of course would cause legal and tax difficulties.
Has anyone had this situation?
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13-08-2016, 06:33
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#2
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Registered User
Join Date: Jul 2012
Boat: Tayana 58 DS
Posts: 763
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Re: Legal status of ship master
Our boat is owned by/documented/registered to an LLC for which I am managing director. I have never had a problem clearing in perhaps a dozen places. In the few places that asked, I pointed out that the address on the documentation matches my home address.
If they were to insist on a letter, I could write one. No one but our insurer has asked for our articles of incorporation.
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13-08-2016, 07:08
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#3
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Registered User
Join Date: Dec 2010
Location: W Carib
Boat: Wildcat 35, Hobie 33
Posts: 13,480
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Re: Legal status of ship master
Same set up for me. Never been a problem regarding suspected commercial use.
I keep copies of an authorization letter in the ships papers. Have only been asked for it twice.
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13-08-2016, 09:28
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#4
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Registered User
Join Date: Mar 2014
Location: Seattle, WA
Posts: 832
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Re: Legal status of ship master
Ok seems to make sense. My little bit of concern comes from the fact that I have Italian citizenship as well. So when sailing into the EU I need to detach myself from any sort of ownership of the boat. Suppose I can have the owner rep papers signed by a law firm back home. Lots of stamps and seals and signatures will help make it look legit.
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13-08-2016, 09:58
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#5
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Registered User
Join Date: Jul 2005
Location: Bellingham
Boat: Outbound 44
Posts: 9,319
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Re: Legal status of ship master
Get a fancy boat stamp. Write a letter designating you as the master. Stamp away and initial over the stamp. Most places that care about the these details are overly impressed by stamps.
__________________
Paul
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13-08-2016, 10:02
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#6
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Registered User
Join Date: Mar 2014
Location: Seattle, WA
Posts: 832
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Re: Legal status of ship master
That's right Paul. Real 3rd world mentality, but stamps, seals and signatures on all sorts of BS documents have gotten me through a lot of gov't hassles in Syria, the Middle East and India.
Europe isn't much different
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13-08-2016, 11:57
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#7
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Registered User
Join Date: Dec 2010
Location: W Carib
Boat: Wildcat 35, Hobie 33
Posts: 13,480
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Re: Legal status of ship master
Quote:
Originally Posted by makobuilders
That's right Paul. Real 3rd world mentality, but stamps, seals and signatures on all sorts of BS documents have gotten me through a lot of gov't hassles in Syria, the Middle East and India.
Europe isn't much different
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Yes, works well in Central America too.
I have a cheap, but official looking, corporate stamp which anyone could have made up, that works wonders. Its actually required on some documents in Belize. Have a fancy embosser too if I really need to impress them.
And bam!, bam!, bam!, the officiials in CA love to slam their stamps down.
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13-08-2016, 12:55
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#8
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Registered User
Join Date: Jul 2005
Location: Bellingham
Boat: Outbound 44
Posts: 9,319
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Re: Legal status of ship master
Quote:
Originally Posted by belizesailor
Yes, works well in Central America too.
I have a cheap, but official looking, corporate stamp which anyone could have made up, that works wonders. Its actually required on some documents in Belize. Have a fancy embosser too if I really need to impress them.
And bam!, bam!, bam!, the officiials in CA love to slam their stamps down.
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Yea funny, it is not just CA that these work in. I used ours for a letter to the passport agency in Los Angeles - worked well.
__________________
Paul
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14-08-2016, 08:30
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#9
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Registered User
Join Date: May 2008
Location: Nova Scotia until Spring 2021
Boat: Custom 41' Steel Pilothouse Cutter
Posts: 4,976
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Re: Legal status of ship master
Quote:
Originally Posted by makobuilders
Ok seems to make sense. My little bit of concern comes from the fact that I have Italian citizenship as well. So when sailing into the EU I need to detach myself from any sort of ownership of the boat. Suppose I can have the owner rep papers signed by a law firm back home. Lots of stamps and seals and signatures will help make it look legit.
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Careful about time limits and VAT. I have dual UK/Canadian and our boat is federally registered as Canadian, but entering the UK on my UK passport for convenience and maybe picking up a bit of work complicates things for my non-UK wife and son.
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14-08-2016, 10:11
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#10
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Registered User
Join Date: Mar 2014
Location: Seattle, WA
Posts: 832
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Re: Legal status of ship master
Do you recall if there is still a 30 day exemption for EU residents bringing in vessels?
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14-08-2016, 11:11
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#11
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Senior Cruiser
Join Date: Dec 2010
Location: Cruising Indian Ocean / Red Sea - home is Zimbabwe
Boat: V45
Posts: 1,352
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Re: Legal status of ship master
....and also get one of the old kids style 'Bulldog' printing kits and bottles of blue, red and black ink. It really adds to the authenticity. This way you can 'write' your own rubber stamp.
Quote:
Originally Posted by Paul L
Get a fancy boat stamp. Write a letter designating you as the master. Stamp away and initial over the stamp. Most places that care about the these details are overly impressed by stamps.
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14-08-2016, 15:06
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#12
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Retired musician & 50T master
Join Date: Jul 2011
Location: Ct
Boat: Pisces 21
Posts: 695
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Re: Legal status of ship master
the fun of travel: rubber stamps and embossers!
__________________
"In my experience travelers generally exaggerate the difficulties of the way." - Thoreau
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14-08-2016, 15:55
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#13
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Marine Service Provider
Join Date: Dec 2011
Posts: 1,538
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Re: Legal status of ship master
Your insurance policy should show you (a human) as an additional named insured along with your company (LLC, Corp., etc.) that is the legal owner. In a lawsuit you (as a human) will always be personally named as a defendant as well as the entity that actually owns a boat, car, airplane, house, business, rental property or whatever.
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14-08-2016, 16:57
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#14
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Registered User
Join Date: Dec 2008
Location: St. Georges, Bda
Boat: Rhodes Reliant 41ft
Posts: 4,131
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Re: Legal status of ship master
--- and hope that the lowly-thought-of official that has to clear you in, is not a follower of CF. Being a native of one of the Islands so often visited, I am always amazed at the arrogance often displayed here.
__________________
so many projects--so little time !!
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