How to get Cameroon Authorized Recognized Organization (ROs) status

Under the provisions of SOLAS 1974/1988 regulation, I/6, MARPOL Annex I regulation 6, MARPOL Annex II regulation 8, MARPOL Annex IV regulation 4, MARPOL Annex VI regulation 5, LLC 1966/1988 article 13, TONNAGE 1969 article 7 and AFS 2001 Annex 4 regulation 1, the inspection and survey of ships shall be carried out by officers of the flag Administration. The Flag Administration may, however, entrust the inspections and surveys either to surveyors nominated for the purpose or to organizations recognized by it.

The flag Administrations may entrust the inspection and surveys to recognized organizations (ROs), however, as stated in paragraph 20 of the IMO Instruments Implementation Code (III Code) (resolution A.1070(28)), “the flag State should establish or participate in an oversight programme with adequate resources for monitoring of, and communication with, its recognized organization(s) in order to ensure that its international obligations are fully met, by:

exercising its authority to conduct supplementary surveys to ensure that ships entitled to fly its flag effectively comply with the requirements of the applicable international instruments;

conducting supplementary surveys as it deems necessary to ensure that ships entitled to fly its flag comply with national requirements, which supplement the international mandatory requirements; and

providing staff who have a good knowledge of the rules and regulations of the flag State and those of the recognized organizations and who are available to carry out effective oversight of the recognized organizations.”

What is a classification society company in Cameroon?

recognised organisation RO in Cameroon means a classification company or other private body, carrying out statutory tasks on behalf of a flag State administration.

Does an intending recognised organisation (RO) license need approval from Cameroon?

Yes, from the Ministry of Transport specifically under the maritime directorate in Cameroon.

conditions for approval/authorization of recognised organisation (RO) in Cameroon?

1. The maritime authorities in Cameroon will have to evaluate the technical standards and competence of the head office company in view to render maritime services and services on vessels before registration under the Cameroon flag.

2. You should register a local branch office in Cameroon

3. The flag administration will send a team to inspect your headquarters.

How many shareholders should a recognised organisation (RO) company have upon registration in Cameroon?

The company can have as many shareholders as possible but one will also suffice. The shareholders can be physical persons or legal persons. However, the shareholders should not be prohibited by the factors of being a convict, bankrupt or not legally qualified to own shares in a company.

What should Intending RO look out for prior to registering in Cameroon?

The intending RO should ensure that they are qualified to be awarded a license/authorization to operate by the Ministry of Transport in Cameroon.

The promoters should ensure that the services their company seeks to offer meet the required technical standards of the industry.

The promoters should also ensure they are not barred from registering a company under Cameroon law.

Under what type of company can an intending RO business be registered in Cameroon?

An RO in Cameroon can be registered under two forms of companies. A private limited company and a public limited company. This will be based on the minimum share capital to be contributed by the founders upon incorporation of the company.

What are the contributions to be paid to the capital of an offshore maritime and classification society company in Cameroon?

Cash contribution, Service contribution and Contribution in kind.

Can a shareholder of a registered offshore maritime and classification society company in Cameroon be a manager?

Yes.

Can a foreign national own 100% shares of an offshore maritime and classification society company in Cameroon?

Yes

What are the mandatory requirements for promoters wishing to register an offshore maritime and classification society company in Cameroon?

Promoters wishing to register an offshore maritime and classification society company in Cameroon must fulfil the following mandatory requirements;

 

1. 1. Must possess a valid Passport or National Identity Card.

1. 1. Must be of age 18 years and above.

1. 1. Must not be bankrupt from their country of origin.

1. 1. Must provide an authorizing document from the parent company if a subsidiary company to be registered in Cameroon.

1. 1. Must not suffer from insanity.

1. 1. Must possess good criminal records, which is evidenced by a non-crime certificate.

Can an offshore maritime and classification society company in Cameroon be registered but not operate?

Yes. If the company has not been granted the authorization from the Ministry of transport.

What is the prove that an offshore maritime and classification society company registered in Cameroon is operational?

For an offshore maritime and classification society company registered in Cameroon to be fully operational, it must show proof of the following;

 

1. 1. A certificate of Incorporation

1. 1. An MO Form registration license

1. 1. A tax payer’s registration number

1. 1. A notarized lease agreement

1. 1. A location plans

1. 1. A certificate of non-indebtedness

1. 1. An attestation of Bank account creation

1. 1. A physical office location

1. 1. A matriculation number from the National Social Insurance Fund for the newly registered company in Cameroon

1. 1. A matriculation number per staff/worker from the National Social Insurance Fund

1. 1. An authorization from the Ministry of Transport.

What information is required to register an offshore maritime and classification society company in Cameroon?

To register an offshore maritime and classification society  company in Cameroon, the corporate attorney is enjoined by law to request some mandatory information from the company promoters/ founders. This information enables the registration of the company in Cameroon to be successful irrespective of whether the founders/promoters are in Cameroon or abroad.

In accordance with section 262 of the Uniform Act relating to commercial companies and economic interest groups of the OHADA Law, the following information is required from the company founders;

 

1. 1. Name of company

1. 1. Form of company (Public Limited Company or Private Limited Company)

1. 1. Objectives of the company

1. 1. Copy of shareholder(s) identification documents

1. 1. Non-crime certificate

1. 1. Company startup capital

1. 1. Copy of identification document of company Manager or General Manager etc.

What documents have to be established by the corporate attorney? Legal assistance to register an offshore maritime and classification society company in Cameroon.

The corporate attorney is to establish the following documents which will be subject to registration;

 

• • Memorandum and Articles of Association of the company

• • Notarized statement of subscription and payment of shares

• • Notarized certificate of appointment of company manager

• • Declaration of Regularity and Conformity with the OHADA Law

• • Notarized list of company shareholder (s) and company manager (s)

• • Location sketch of business premises.

Documents delivered upon completion of the registration process

 

1. 1. A certificate of Incorporation

1. 1. An MO Form registration license

1. 1. A taxpayer’s registration number

1. 1. A notarized lease agreement

1. 1. A location plan

1. 1. A certificate of non-indebtedness

What are the administrative bodies involved in the registration process?

 

• • The Court of First Instance

• • The Stamp Duty Office

• • The Tax Office

• • The Company Registration Office

• • The Ministry of Transport.

As required by the relevant provisions of the aforementioned Conventions, the flag Administrations shall communicate information regarding ROs to IMO. In this regard, reporting under MSC/Circ.1010-MEPC/Circ.382 on Communication of information on the authorizations of recognized organizations should be arranged using the GISIS module on Recognized Organizations which can be accessed by Members as per resolution A.1074(28) on Notification and circulation through the Global Integrated Shipping Information System (GISIS).

 

 

Article by CHUO ANGABUA JUNIOR

 

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We hope you have found this information helpful. Please note that this information is provided for general informational purposes only and is not intended to be legal advice. No lawyer-client relationship is formed nor should any such relationship be implied. It is not intended to substitute for the advice of a qualified lawyer.

If you require legal advice, please consult with a qualified lawyer.

 

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