Sale & Purchase of Vessels

Overview

  • A vessel is a valuable and complicated asset, but above all, a vessel is an asset that can accumulate considerable liabilities. Peculiarly, many of these liabilities can survive a change of ownership and ultimately come to burden the new owner.

  • Accordingly, the sale or purchase of second-hand tonnage can be a complex undertaking, and it is crucial to understand the individual steps involved in the process of the transfer of title.

  • From the negotiation of the purchase price (typically the beginning of an S&P transaction) to the registration of the vessel in the name of the new buyer (typically the end of the transaction), careful attention should be paid to each step in between.

  • Over time, standard form agreements have been developed to ensure that all the important elements of an S&P transaction are addressed and to an extent, standardised. The most widely used agreement today is the 2012 edition of the Norwegian Sale Form (“NSF 2012” or Saleform 2012).

  • In this Practice Note we will evaluate the crucial steps of an S&P transaction, as well as how to navigate the key clauses of the NSF 2012.

Definitions