1、 What are the application conditions for arresting a ship?
1. Restricted to the 22 types of maritime claims stipulated in Article 21 of the Maritime Procedure Law, except for those for the execution of judgments, arbitration awards, and other legal documents.
2. If the situation is urgent and the failure to apply for preservation immediately will cause irreparable damage to its legitimate rights and interests, it may apply to the maritime court in the place where the ship is located to seize the ship.
3. The exact information of the vessel.
4. The guarantee provided by the applicant complies with legal provisions.
2、 What is the deadline for maritime preservation and seizure of a ship?
If a maritime claimant applies for the detention of a ship before filing a lawsuit, they shall file a lawsuit or apply for arbitration within 30 days of receiving the order allowing the detention.
3、 What are the required documents for applying for ship detention?
1. Application for Detention of Ships and Evidence
The application form should indicate the name of the applicant, the name of the respondent, the name of the detained vessel, the place and time of berthing, the facts and reasons for applying for detention of the vessel, and the amount of guarantee required. The applicant shall sign and seal the application form. The evidence content should be related to the matters recorded in the application.
2. Maritime claimant provides guarantee
(1) If the applicant or a third party provides property guarantee, a guarantee letter shall be issued (the guarantee letter shall specify the guarantor, guarantee method, guarantee scope, guarantee property and value, guarantee liability, etc., and relevant evidence materials shall be attached).
(2) If the insurer provides guarantee for property preservation by signing a property preservation liability insurance contract with the applicant, the insurer shall provide a guarantee letter (the guarantee letter shall specify the name of the guarantor, the name of the guarantor, the case of guarantee, the guarantee method, the scope of guarantee, and the insurer shall compensate the insured for the losses suffered by the insured due to errors in applying for property preservation). The insurer shall also provide: a copy of the business license (copy), a copy of the business license (copy), a certificate of registered capital, proof of identity of the legal representative or person in charge, a record of no illegal or criminal activities in the past five years and no refusal to assume guarantee obligations for the property preservation applicant, and a written record of the dishonest debtor who has not been listed in the People’s Court’s execution case. Declaration; Approval from the China Banking and Insurance Regulatory Commission (China Banking and Insurance Regulatory Commission Property Insurance Company Insurance Terms and Insurance Rate Filing Form, stamped with the special seal for insurance rate management).
(3) Financial institutions approved by financial regulatory authorities can provide guarantees for property preservation in the form of independent guarantees.
The applicant or guarantor is a widely recognized super large enterprise or a financial institution with sufficient assets by the public. After examination and approval, the applicant or guarantor may use the credit of the enterprise as a guarantee.
The guarantor or its branch is a financing guarantee company that has been approved by the financial management authority of this city, has the qualification to concurrently engage in litigation preservation guarantee business, and has no serious bad record in the past five years. After examination and approval, the guarantor may use the credit of this enterprise as a guarantee.
If the guarantor or its branch is a non financing guarantee company established and registered in this city in accordance with the law, qualified for litigation preservation guarantee business, with a registered capital of more than 200 million yuan and no serious bad record in the past five years, after examination and approval, the guarantor may use the credit of this enterprise as a guarantee.
Materials to be submitted for credit guarantee: a joint guarantee letter signed by the legal representative and stamped with the official seal of the enterprise legal person; A copy of the business license of the enterprise legal person, a copy of the organization code certificate, a certificate of identity of the legal representative, the balance sheet and income statement of the past six months, as well as the credit certificate issued by the bank or audit institution where the basic account is opened, and relevant documents and materials specified in the Company Law; The guarantor has provided a written declaration of the litigation preservation guarantee situation; A written statement stating that the guarantor has not been included in the list of dishonest persons subject to enforcement by the people’s court within the past five years, and that the legal representative of the guarantor has not been included in the list of restricted high consumption; Other materials required by the court to be submitted.
(4) For physical guarantees, a list of physical guarantees, storage locations, and a list of custodians or warehouse property certificates should be provided. If necessary, an evaluation report on the physical value by the evaluation agency should also be provided.
(5) If registered real estate or registered movable property is used as collateral, proof documents such as registration information of other rights issued by the registration authority and no judicial restrictions shall be provided.
(6) If guaranteed by certificates of rights such as bonds, deposit certificates, bills of lading, and intellectual property rights certificates, original certificates of rights such as bonds, deposit certificates, bills of lading, and intellectual property rights certificates shall be provided and kept by the court on behalf of others.
3. Applicant’s Qualification Materials
If the applicant is a natural person, submit a copy of their identification document; If the applicant is a legal person or an unincorporated organization, please submit a copy of the business license or organization code certificate, as well as the identity certificate of the legal representative or main person in charge.
4. Authorization Letter
If the agent is a lawyer, submit an authorization letter and a letter from the law firm; If the agent is an employee of the company, please submit a copy of the employee’s ID card, authorization letter, and copy of the labor contract with the company’s seal.
5. Confirmation of Delivery Address for Legal Documents
