Maritime Law
Transactions involving pleasure boats, yachts, and other types of large marine vessels are rife with challenges. Taxes, regulatory documentation, financing, ownership structure, and insurance are just some of the items that need careful consideration before moving forward.
PRACTICE AREA PROFESSIONALS
Tripp Scott is a full-service law firm with an entire practice devoted to maritime law and the transactions and contracts associated with various marine vessels. A brief listing of the services our lawyers offer and issues they can advise you on includes:
Purchase and sale agreements
Review of proposed terms and conditions
Analysis of liability and tax implications
Registration and regulatory compliance
Ownership structure
Maritime new construction or renovation agreements
Financing and escrow concerns
Employment agreements
Ownership succession plans
Fractional ownership agreements
Warranty claims
Broker representation
Our ability to harness the talents of individual attorneys from various practice groups and to collectively focus their efforts toward achieving each client's goals is an invaluable asset. Our maritime law group works closely with lawyers from many of the firm's other practice groups to develop integrated strategies and solutions to the challenges at hand.
To discuss a potential boat purchase or another type of maritime law concern — contact our law offices in Fort Lauderdale, Florida, to arrange an initial consultation.
More specific information about our maritime law practice and some of the various issues we can assist you with is detailed below.
· Purchases and Sales
We represent both buyers and sellers of yachts who are residents of myriad countries. We assist the owners in every aspect of yacht ownership. We can also introduce purchasers and their brokers to prospective lenders. We will work with a documentation service of the owner’s choice or recommend documentation services, as needed.
· Ownership and Registration
The firm advises yacht owners on how to take title to a vessel and where to register and “flag” the vessel. In addition to registering vessels in the United States, we assist owners in forming an entity in offshore tax havens to take title to the vessel and register the vessel in that country or another country of the owner’s choosing. There are a number of benefits to offshore ownership that we discuss with each owner. The firm assists the owner in the selection of the country to organize the holding company and register the vessel. We assist the owner in understanding the benefits of foreign ownership and the differences between the various registries. The firm also advised the owner as to the tax and legal differences in the various tax havens. We form entities and register vessels in every major tax haven yacht registry, including, the Cayman Islands, British Virgin Islands, Marshall Islands, St. Vincent and the Grenadines, the Bahamas, and Bermuda. The firm has relationships with corporate agents and law firms in each of these jurisdictions to assist in the registration process, legal issues, and provide local legal opinions when required by lenders.
· Tax Planning
The firm has experience advising owners on the various tax issues affecting yacht ownership. These include the sales and use tax considerations of various states, customer taxes, second home interest deductions, suitability issues, capital gains tax concerns, charitable donation options, ownership structures, both domestic and foreign, the international value-added tax, and U S. income tax depreciation and like-kind exchanges of vessels
· Lending
The firm has experience representing lenders and owners in lending transactions. The firm acts as counsel for several major lenders, including one of the primary lenders in the megayacht market. The firm has acted as counsel to lenders who provided financing on over 20 of the top 100 largest American-owned yachts, per Showboats International. The firm has represented several major banks in taking their first steps into yacht lending by explaining the legal and business risks associated with yacht lending and assisting them in developing their loan documentation for yacht-secured transactions.
· Foreclosures/Repossessions/Liens
We have represented lenders in foreclosing on and repossessing vessels registered in the US and foreign jurisdictions. We have assisted lenders in locating and seizing vessels located in foreign countries. We also advise lenders on strategies to maximize the resale value of repossessed vessels in conjunction with yacht brokers with whom the firm has a relationship. We also assist lenders, yacht owners, and brokers in connection with asserting, enforcing, and defending maritime liens against vessels.
· New Construction and Renovations
We assist owners in structuring transactions with shipyards for new builds as well as renovations. Our experience includes the construction of large megayachts as well as high-end custom sport fishing boats. We assist the owner in structuring the contract with the yard as well as assisting the owner’s lender in obtaining a satisfactory lien position during the construction phase. We have relationships with European law firms to provide a legal team to assist an owner in working with European shipyards. Additionally, we handle disputes between yacht owners and vendors in connection with the furnishing of labor and materials on yachts during the maintenance, repair, and renovation of vessels in Florida and elsewhere.
· Broker Representation
The firm has substantial experience in brokerage commission disputes involving private yacht owners, yacht brokers, and yacht builders/shipyards. The firm represents owners and brokers in all aspects of commission disputes, in both transactional matters (contracts and negotiations) and litigation. We also represent brokers with respect to licensing matters pursuant to the Florida Yacht and Ship Brokers Act.
· Chartering
We advise owners on the various aspects of yacht chartering. This includes drafting charter agreements, assisting the owner in selecting a broker to solicit charters, crew issues, and registry selection to benefit the desired charter activities, and advising the owner on the tax issues and advantages of chartering.
· Business Side of Yacht Ownership
Operating a large yacht is like operating a small business. The firm has experience with the various agreements and business issues that come up when operating a large yacht. This includes employment issues in hiring crew, including employment agreements with captains, management agreements, employment tax issues, and immigration issues.
· Charitable Donation Programs/Foundations
The firm has advised clients on all aspects of yacht charitable donation programs, including creating the charitable organization, structuring the documentation, advising charities on the federal tax and state law issues associated with vessel donation programs, and representing donors and purchasers of vessels from such charities.