The Marshall Islands Law Blog is published by Seward & Kissel LLP, one of the preeminent U.S. maritime law firms, and covers topics of relevance to shipowners, financial institutions and other industry participants having interest in the Marshall Islands.
We work closely with some of the world’s leading shipping companies and other stakeholders in connection with their day-to-day activities to efficiently run their operations. Some of our attorneys have had prior work experiences at vessel registries and shipping companies, and we regularly provide assistance with: (i) vessel and ship mortgage registrations, (ii) vessel construction contracts and purchase and sale contracts, (iii) technical and commercial management agreements, (iv) charterparties and lease agreements, (v) formation documents for vessel pools and (vi) bunkers supply and storage agreements.
We regularly form and organize legal entities on behalf of clients, including corporations and limited liability companies. As part of the organizational process we provide strategic advice on governance and will tailor the constitutional documents of the legal entity to efficiently fit the client’s purposes and needs. We are also able to provide current advice to clients as the laws and regulations evolve, including, for example, satisfaction of economic substance requirements.
We represent a variety of clients in the maritime industry, including shipowners and operators, investment advisers, private equity funds and other institutional and strategic investors, in connection with a variety of transactions, including mergers and acquisitions and the formation of joint ventures, private equity funds and other private investment vehicles dedicated to the maritime industry. We assist our clients in all phases of the life cycle of their companies, ventures and investment vehicles, including structuring and formation, and the acquisition, maintenance and disposition of their investments.
Our litigators provide participants in the shipping industry with practical advice in every aspect of the industry, from traditional maritime disputes to the most sophisticated securities actions involving shipping companies and economic sanctions advice. We routinely resolve disputes on behalf of our clients both in and out of court including appearing in the courts of the Marshall Islands.
Our tax practice represents almost every type of shipowner and operator from the largest publicly traded companies to privately-held companies with smaller fleets of vessels, from companies that have been in families for generations to newly formed operators seeking to build a business. We work with our clients to structure their affairs to efficiently comply with tax obligations, including U.S. corporate income tax filings and claiming the Section 883 exemption from U.S. federal income tax on U.S. source shipping income. We are also closely monitoring regulatory developments in regards to economic substance requirements. Our unparalleled industry expertise gives us the insight to advise our clients on the best structure in their specific situation.
The issuance of Marshall Islands opinions is an integral part of our maritime practice. Our Marshall Islands legal opinions are accepted in billions of dollars’ worth of transactions annually by international banks, other financial institutions and regulators, including the United States Securities and Exchange Commission. Lenders for whom we regularly render Marshall Islands legal opinions include virtually all of the major shipping banks and other financial institutions lending in the space.