I am Italian, own a boat in Italy and purchased a few used ones over the years.
Your information about mortgages on boats is false. A mortgage ("mutuo") to be valid in Italy must be registered at the RID ("Registro Italiano Diporto"). This registry is kept by the harbour master ("Capitaneria di Porto") where the boat is registered. It is quite simple to do a check of the RID and it will also show who the owner is.
In any case, it is very uncommon to have a mortgage on a boat in Italy. It is much more common to find boats under a "lease", in which case the ownership
of the boat belongs to the financial institution that lent the money
. It is all shown at the RID. It is also shown on the boat license
To transfer the ownership
of a "registered" boat in Italy (i.e. a boat >10m or anyway having a license
plate), you should follow this process:
- sign the sale
deed in front of a public notary ("notaio"). The notary in Italy is a public official and it makes sure that the deed is legal
- pay the "ownership transfer" tax ("passaggio di proprieta'"). This can be done using the "F24" form at any bank or post office in Italy. The tax is €400-1000 depending on boat size
- register the sale
deed at the local office of "Agenzie delle Entrate" (the state treasury office)
- register the transfer at the RID of the Capitaneria di Porto. You have to give them the boat license, all the paperwork and pay some additional small fees
. After a few weeks, the Capitaneria will send you the updated license.
If you want to change the flag of the vessel, you'd need instead to submit to the Capitaneria the request to cancel the vessel from the Italian registry. Once you get that paper, you'd submit it to the new country.
The process is cumbersome, but of course you can ask an agency ("agenzia pratiche nautiche") to do the above for you.
I'd give you also these general advices:
- hire an Italian (reputable) surveyor
in the process. They'd help you a lot and work for you, knowing the local market, the boats, the shipyards, the process to follow, etc. PM me if you need some references
- pay just a small amount of money
when you sign the pre-sale agreement. The full payment has to be made in front of the notary, when the final sale deed is signed. This payment is usually done using a cashier's check issued by a bank ("assegno circolare")
- Brokers have no legal
obligations in Italy regarding the successful completion of the sale transaction or the misrepresentation of the boat. Therefore, you should hire a surveyor
I hope this will help.
Anyway, to transfer