Yacht Registration in Estonia
In order to register a yacht in Estonia, it is necessary to provide proof of the right to fly the Estonian flag. Consequently, it is important to understand who may or is obliged to fly the Estonian flag on their yacht.
Right to fly the Estonian Flag
An obligation to fly the Estonian flag applies to seagoing yachts that are owned by Estonian citizens residing in Estonia. Furthermore, the obligation extends to general and limited partnerships where the Estonian partners have the majority of votes and other Estonian legal persons in private law where Estonian citizens form a majority in the management boards. a Seagoing yachts under common ownership where at least one co-owner is an Estonian citizen residing in Estonia, provided Estonian co-owners own the greater share of the seagoing vessel, are equally obligated to fly the Estonian flag.
Additionally, in Estonia a seagoing yacht owned by an Estonian citizen has the right to, and may fly the Estonian flag.
Yacht Registration
Upon registration of a yacht and a separate request, a natural person who is a citizen of the European Union can be considered equal to an Estonian owner or co-owner for the purposes of the right to fly the Estonian flag. The same holds true for an EU company or legal person whose seat and business establishment is in a Member State of the European Union.
There are two requirements for a foreigner to be considered equal to an Estonian owner, of which either must be fulfilled:
1. Eitker a permanent business establishment in Estonia or residence. It must be noted that the yacht itself may not be considered such a business establishment. Or
2. A permanent representative who either resides or is seated in Estonia. The permanent representative will be responsible for the technical , social and administrative compliance of the yacht in Estonia. In addition, the permanent representative must directly control and monitor the use of the yacht. A notarized document certifying the consent and authority of the permanent representative is additionally required.
When one of these two conditions are met, the foreign EU natural or legal person can request to be considered equal to an Estonian owner, and thus qualify for the right to fly the Estonian flag on their yacht.
For more information regarding yacht registration under the Estonian flag, please visit our other article on the topic or contact our legal experts under info@gencs.eu
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