Correspondent shipper
The correspondent ship owner was the representative for the takeover of the shipping company appointed by the shareholders of a partner shipping company by majority resolution (when authorizing a co-owner) or by unanimous resolution (when authorizing an external third party). For the German maritime trade law valid until April 24, 2013 cf. Section 492 HGB old version:
(1) By resolution of the majority, a correspondent owner (ship director, ship dispatcher) can be appointed for the shipping company. A unanimous decision is required to appoint a correspondent shipowner who is not a co-shipowner.
(2) The appointment of the correspondent shipping company can be revoked at any time by a majority of votes, without prejudice to the entitlement to the contractual remuneration.
The correspondent owner is also known as the ship director or ship dispatcher. In relation to third parties, the correspondent shipowner is authorized to carry out all transactions and legal acts that the shipping company usually entails; ie he represents the shipping company in and out of court § 493 HGB old version
(1) In relation to third parties, the correspondent shipowner is authorized by virtue of his appointment to carry out all transactions and legal acts that the business operations of a shipping company usually entail.
(2) This authorization extends in particular to the equipment, maintenance and shipping of the ship, to the insurance of freight, equipment costs and general average money as well as to the receipt of money in connection with normal business operations.
(3) The correspondent shipowner is authorized to the same extent to represent the shipping company in court.
(4) He is authorized to employ and dismiss the master; the master only has to adhere to his instructions and not to any instructions of the individual co-shipowners.
(5) The correspondent shipowner is not authorized to enter into bill obligations or to take out loans on behalf of the shipping company or individual co-shipping companies, to sell or pledge the ship or ship divisions, or to take out insurance for the ship or ship divisions, unless he has a power of attorney this is specially granted.
The correspondent shipper is to be distinguished from the correspondent broker or trusted broker to whom the shipping company or its correspondent ship owner entrusts the chartering of the ship.
Individual evidence
- ↑ Note: The shipping company for couples was abolished in German law on April 25, 2013. The old law continues to apply to partner shipping companies established by April 24, 2013 (cf. Art. 71 of the Introductory Act to the Commercial Code (EGHGB)).
- ↑ old version = old version; means here the version of the HGB valid until the law reforming maritime trade law came into force on April 25, 2013.
literature
- From the perspective of the law applicable until April 24, 2013:
- Herber, Rolf, Maritime Law. Systematic representation, Berlin 1999, publisher: de Gruyter, ISBN 3-11-016311-X
- ders., sea freight contract and multimodal contract, RWS script 170, 2nd edition 2000, publisher: RWS, ISBN 3-8145-9170-4
- Puttfarken, Hans-Jürgen: Seehandelsrecht , Verlag Recht und Wirtschaft, Heidelberg 1997, ISBN 3800511711 .
- Prüssmann, Heinz; Rabe, Dieter (edit.): Maritime Trade Law: fifth book of the Commercial Code; with subsidiary regulations and international agreements , Verlag CH Beck, Munich 2000 (4th edition), ISBN 3406455107 .
- Creifelds, legal dictionary , 19th edition Munich 2007, Verlag CH Beck, ISBN 978-3-406-553929 , keyword: shipowner
