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Tuesday, April 16, 2013

Procedures And Conditions Ship Mortgage Imposition

Procedures And Conditions Ship Mortgage Imposition, Ships not only serves as a tool transportation sea, but the ship can be used as collateral to secure loans. Ships that can be used as collateral are:
1. Ships that have been registered, and
2. Done by making a mortgage deed in which the ship was originally listed.

The things that should be considered in the implementation of ship mortgages are:
1. Mortgaged vessel must be clearly stated in the mortgage deed;
2. Agreement between the creditor and the debtor indicated by the credit agreement (which is the terms of
    the mortgage deed);
3. Credit score, which is the total value of goods received by the guaranteed (eg land, houses and boats);
4. Mortgage value specified in the value of the vessel (the bank performed by Appresor);
5. Installation should be in accordance with the mortgage and the value of the vessel can be done with any
     currency according peratuaran applicable law.

Procedures and requirements are met in the imposition of a mortgage is as follows. Procedures adopted by the applicant is applying for the official registrars and officials behind the name by including the value of the mortgage that will be installed. While the documents that must be attached to the official subject to the parties facing.

Variations of the parties who are facing:
1. Ship owner (debtor) and the creditor (bank or other financial institution);
2. Creditors, as the owner of the ship (the debtor) and as the creditors;
3. Shipowners (guarantor or not the creditor) and creditors.

Requirement for shipowners (debtor) and the creditor (bank or other financial institution) facing to the authorities is:
1. Grosse deed registration or behind the name;
2. Credit agreements.

Requirement for the lender, which as the owner of the ship (the debtor) and as the creditors are:
1. Attach power of attorney deed mortgage;
2. Grosse deed registration or behind the name, and
3. Credit agreements.

Requirement for vessel owners (not a guarantor or debtor) and the creditor is
1. Attach power of attorney deed mortgage;
2. Grosse deed registration or behind the name;
3. Credit agreements.

The third condition is described briefly below:
1. Installing the Power of Attorney Mortgage Deed
Mortgage procuration installing a power fiber made in advance or in the presence of notaris. This power of attorney is made between the owner of the ship with the person designated for that. Substance or content of this power of attorney is that the owner of the ship gives the person who is appointed to take care of their interests. The interests of the owner of the ship is in the order of loading a ship mortgage. Background is due to the existence of a power of attorney can not take care of the ship owners directly, so that the power to appoint a relevant interests.

2. Grosse Or Behind Names Registration Act
Basically, not all vessels can be secured by ship mortgages. Terms of ships that can be used as security for a mortgage is a vessel that has been registered with the competent authority. Competent authority to issue a registration certificate is an official ship registries and registrars behind the name. Officer was appointed to the harbormaster.

Purpose or benefit of ships listed are:

To obtain a certificate of nationality of the ship (STKK). With the STKK the ship can sail with the flag of his nationality, and is therefore valid flag state sovereignty in full upon the ship and the people who were on board are subject to the regulations of the flag state;
b. The legal status of the ownership of the vessel to be clear;
c. Can be mounted or mortgaged.
Terms of ships registered in Indonesia are:
a. Vessels of gross content of at least 20 m3 or the same as it is assessed;
b. Owned by Indonesian citizens or legal entities domiciled in Indonesia and Indonesia (Article 46 paragraph (2) of Law No.. 21 Th. 1992 on the cruise).
The documents to be furnished for registration of ships is:
a. Submit a written request to the registrar officials;
b. Proof of ownership of the vessel;
c. Identity of the owner;
d. Measurement certificate (temporary or permanent);
e. Proof of payment of BBN;
f. Delection certificate, especially for ships that never registered abroad (Directorate General of Sea Transportation, 1996:9).
If the documents have been furnished by the applicant, the applicant made official by deed and deed grosse vessel registration. According to the deed of the ship (the original deed) signed by penghadap, official name registries and registrars ship. Once signed, numbered and dated. Performed sequentially numbering (numbers continued) in accordance with the order of the signatory until 9999 and then returned to the figure number 1. While grosse deed, which is a copy of the deed minut, who only signed by the maid servant for registration and behind the ship's name. When an employee is absent pembatu, may be signed by an official registrar. Grosse deed is given to the owner after the posted registration marks, as evidence of the vessel has been registered and also serves as a proof of vessel ownership (BHK), in addition to other documentary evidence (letters selling, artisan certificate, letter of grant, and the other- other). Registration mark is structured as follows: 1996 No. Ba. 13 / L. Meaning:
         1996: It is the time of enrollment
         Ba: Is a measurement of spot registration code
         13: The registration number
         L: Container ship.
         L: Forships
         N: For fishing vessels
         Q: For inland vessels
For vessels that have been purchased, either from the owner of foreign and domestic owners, then the buyer should make the deed behind the name. Behind the name deed is the deed to transfer the name of the old owner to the new owner. Competent authority to make the deed behind the official name of the registrant and the registrar is behind the name. Application for attaching the deed behind the name:
a. Grosse original registration certificate;
b. Proof of ownership: property transfer deed (deed of sale, deed of grant, etc.);
c. Identity of the owner;
d. Measurement certificate;
e. Proof of payment of the transfer tax (BBN).
Based on the application and requirements, then registrar and registrar officials issued a certificate under the name behind the name. This deed is divided widened 2 (two) types, namely minut grosse deed and deed behind the name behind the name of the ship. Minut deed behind the ship's name and signed by penghadap officials behind the name registries and registrars. While grosse certificate signed by the employee behind the name for the maid behind the name and registration of the ship. Grosse deeds behind the name is given to the owner of the ship.

Credit Agreement
Credit agreement is an agreement made between the bank and the owner of the ship (the debtor). Agreement is a written form. The content and the terms have been determined unilaterally by the bank. Things that are empty in the credit agreement is the customer's name, address, loan amount, interest rate, and term time. While the terms have been set forth in the standard form (form) or that have been standardized. Hondius argued that the terms of the standard is: "The terms concept contained in a written agreement that would still be made, which is not necessarily size, without talking about it first." The essence of the agreement is standard according to Hondius, that discussed the contents of the agreement without the other party, while the other parties are only required to accept or reject it.Mariam Darusbadrulzaman argued that the standard contract is a standardized agreement. Furthermore 
Mariam argues Darusbadrulzaman characteristics of raw agreement is as follows:
a. Its content was determined only by the strong economic position of the parties.
b. Society (debtor) did not participate jointly determine the content of the agreement.
c. Encouraged by his need debtor was forced to accept the agreement.
d. Particular form (written).
e. Prepared en masse and collectively.
From the foregoing, it is clear that the nature of the raw agreement is an agreement that has been standardized contents by the strong economy, while others simply asked to accept or reject it. If the debtor receives the content agreement, then he signed the agreement, but if he refuses, then it is considered there is no agreement, because the debtor did not sign the agreement. In practice, often borrowers who need money just to sign the agreement without read its contents. But the contents of the new agreement is questioned by the debtor at the time the debtor is unable to perform his achievements, because creditors are not only burden the debtor to pay the principal with interest, but he also weighed on the debtor by paying a late fee on an interest rate of 50% of the amount paid each month relationship. So that the debt owed by the debtor very high. Creditor argues that the application of a late payment was due on the contract standards have been defined and organized in a clear and detailed. So there is no excuse for the debtor to refuse fulfillment of the late fee. Therefore, the debtor must pay the principal, interest along with tardiness penalties.
Mariam Darusbadrulzaman divided into 4 types of raw agreement (four) types, namely:
1. Standard contract unilaterally;
2. Raw reciprocal agreement;
3. Standard contract set by the government, and
4. Standard contract specified in the notary or advokad.


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