Imágenes de páginas
PDF
EPUB

(herein called the "war-built vessel (8)") at the statutory sales price, in accordance with the provisions of the Merchant Ship Sales Act of 1946, Public Law 321, 79th Cong., 2d Sess., approved March 8, 1946 (herein called the "act"), and the rules and regulations prescribed by the Maritime Administration (or the United States Maritime Commission) (herein call the "Administration"), $$ 299.1 to 299.134, inclusive, of General Order 60, published in the FEDERAL REGISTER (herein called the "regulations"), which the applicant agrees shall be binding in all transactions in connection with this application. Applicant also agrees that any amendment or modification of the rules and regulations shall be binding in all transactions approved by the Administration after the date of publication of such amendment or modification in the FEDERAL REGISTER.

In order to induce the Administration to act favorably on this application, the applicant submits in support thereof the followIng information: A. As to the applicant: Its citizenship and

affiliations 1. Exact name. 2. Form or type of organization.

3. State or other sovereign power under the laws of which organized.

4. Address of principal executive offices and of important branch offices, if any.

5. A brief description of (a) the shipping business of the applicant; and (b) any other business activities of the applicant during the preceding eight years. If within such period the applicant has acquired the business of another person or has been reorganIzed, there should be included a brief description of such acquisition reorganization.

6. A list of (a) all subsidiaries, (b) parent company, and (c) all other affiliated interests of the applicant, together with an indication of the nature and extent of the business transacted for the past eight years by each. This information may be furnished in the form of a chart, indicating clearly the relationships between the persons named, and the nature and extent of control.

7. The following information with respect to each oficer and director of the applicant: name and address, ofice, nationality, capital shares owned.'

8. Applicant represents that he is a citizen of

I applicant claims United States citizenship, attach to the three originals of the application affidavits of United States citizenship in form prescribed by the Administration,

If applicant claims citizenship other than United States citizenship, there should be

furnished an affidavit setting forth the facts upon which such claim is based.

In all cases the Administration reserves the right to require such additional information with regard to citizenship which may be necessary to determine the eligibility of applicant under the Act. B. As to the management of the applicant *

9. A brief description of the principal business activities during the past eight years of each director and each principal executive officer of the applicant, if requested.

10. The name and address of each other. organization engaged in shipping activities. with which any person named in answer to the preceding item has any present substantial business connection, the name of such. person and, briefly, the nature of such connection, if requested.

11. The name and address of any person who is now acting or within the past eight years has acted as managing or operating agent of the applicant or in any similar capacity and, briefly, the general terms of any agreement with reference thereto, 11 requested.

C. As to the war-built vessels 12. Applicant offers to purchase, at the statutory sales price(8), as determined by the Administration, the war-built vessel(8) designated in items 13 and 14, or the alternative vessels designated in Item 18.

13. If specific vessels are applied for, as distinguished from any one or more of a given type, the names of the vessels must be given under this item.

14. If applicant is willing to accept any one or more vessel(s) of a given type or designation, as distinguished from particular vessels, the type or designation of the vessels desired should be set forth as follows:

vessel (8) of Type Administration's designation..

or

Particular characteristics

15. If more than one vessel is applied for, state whether applicant will buy any one or more If all are not available for sale to him by placing an "X" or the appropriate number, as the case may be, in the proper space below. In the absence of any indication, it will be assumed that the applicant is willing to accept all or any of the vessels.

(a) All only ( ).
(b) All or any ( ).
(c) Any but not less than

Instead of indicating preference by the above table, applicant may designate ves. sel(s) which he would like to have substi. tuted for those listed in items 12 and 13, 1

* If applicant has more than one class of stock, the information requested must be furnished for each class of stock.

? Answers to questions under B may be omitted by applicants not seeking mortgage aid.

299

66-102-6720

for any reason such vessel(s) cannot be sold to the applicant. Applicant may state as many as three alternative lists of vessels, provided it clearly indicates its order or preference with respect to them.'

D. Terms and conditions of sales 16. If the application is approved by the Administration, the applicant agrees to execute & contract of sale in form prescribed by the Administration. State what portion of the purchase price (not less than 25 percent of the statutory sales price)* applicant agrees

17. Furnish full details as to the manner in which the applicant proposes to obtain the amount needed to defray the purchase price of the vessel(s) (that is, at least 25 percent of the purchase price). The applicant should also furnish full details of any proposed security issue, including names of underwriters.

18. If this application is approved by the Administration, state whether or not applicant intends to apply to the Administration, pursuant to section 9 or section 37 of the Shipping Act of 1916, for approval to transfer or place under foreign registry or flag the vessel (s) referred to above after applicant has purchased them. If applicant intends to apply for such approval, state to what foreign registry or dag.

19. Does applicant propose to trade in old vessel(s) for an allowance of credit on the purchase price of a war-bullt vessel? If so, 18 application contingent thereon? State date of application for determination for allowance of credit, i fled.

E. Preference 20. A statement showing the extent to which losses and requisitions of the applicant's prewar tonnage have been overcome and other information in support of request for preference.

P. Supplemental information: 21. A brief description of the general character and location of the principal property of the applicant, other than vessels, employed in its business.

22. (a) A list of vessels owned by the applicant, including (1) name; (2) gross tonnage; (3) net tonnage; (4) deadweight tonnage; (5) bale capacities; (6) year built; (7) type; (8) speed; (9) registry; and (10) identification of route or service on which operated.

(b) Information similar to that specified in (a) as to any vessels chartered to and operated by the applicant.

23. Briefly, the general terms of each charter for operation (a) of vessels owned by the applicant and chartered by it to other persons, and (b) of vessels chartered by the applicant from other persons.

24. Full details concerning the services, routes, or lines on which vessels owned or chartered by the applicant are now operated, including ports of call, terminal and dock facilities at all such ports, frequency of sallings per year, description of services and voyages, and names of vessels segregated according to services, routes, or lines.

25. Type and kind of cargo now carried in the trade served as stated in the answer to Item 24, information as to how the service or line may be developed for carrying additional types and kinds of cargo, and any factors influencing cargo expectations for the future. If the war-built vessel is to be & combination passenger and freight vessel, state also, by classes, the passenger accommodations and the number of passengers carried and any factors influencing tramic expectations for the future.

26. Information similar to that called for by the two preceding items with respect to any new service, route, or line which the applicant proposes presently to establish.

27. Identification of the service, route, or line described in answer to item 24 or item 26, on which the applicant propose to operate the war-built vessel, brief description of passenger accommodations, and statement of type and kind of cargo to be carried by the war-built vessel. Any special requirements of such service, route, or line and the manner in which they may be met by the use of the war-built vessel should be discussed briefly. Any changes in existing services, routes. or lines which the applicant proposes to make in connection with the use of the war-bullt vessel should also be indicated.

28. A statement as to whether or not the war-built vessel is to be used to replace a vessel now operated by the applicant and, If so, the name of such vessel and the pro

• Alternative lists of vessels need not be given at the time the application is filed, but may be added later as an amendment to the application. However, the date of the amendment and not the date of the Aling of the original application will be controlling in determining preferences, discussed in $ 299.2 of the regulations, with respect to the vessel(8) added by the amendment.

* Any trade-in allowance approved by the Administration shall not be applied in reduction of the down payment of 25 percent of the statutory sales price as required by the Act, but shall be applied or credited on any unpaid balance remaining after applying the credit resulting from the down payment. to pay not later than upon delivery of the vessel.

. See $ 299.2(e) of the regulations. . See $ 299.22 of the regulations.

"Questions under F are optional for applicants who are citizens of the United States unless such applicants request mortgage aid or request reconversion of the vessel(s) pursuant to $ 299.7 of the regulations.

$ 299.126 Application for determination

of allowance of credit for exchange

of old vessel. The form of such application shall be substantially as follows:

APPLICATION FOR DETERMINATION OF ALLOWANCS

OF CREDIT ON PURCHASE PRICE OF VESSEL

For exchange of old vessel owned by

& citizen of

posed disposition to be made of it by the applicant.

G. As to exhibits furnished 29. A list of exhibits, properly identified, which shall include at the time of original Aling, the following:

Exhibit 1-A copy of the Certificate of Incorporation of the application or other organization papers, including all amendments thereto presently in effect.

Exhibit II-A copy of the by-laws or other governing instruments of the applicant, including all amendments thereto presently in effect.

Exhibit III–A copy of (1) balance sheet as of the end of a calendar month (except in instances where the fiscal year of the applicant ends on some other day) within not more than six months and not less than one month (except in instances where the applicant was established more recently) of the date of the filing of the application or amendment thereto changing the type or number of vessels applied for) with the Commission; (2) a brief statement of the nature of any substantial changes in the financial conditions of the applicant or the results of its operations since the date of the balance sheet required hereunder, and (3) profit and loss statements for each year (or other accounting period) beginning with the iscal year ended in 1939 and ending with the date of the balance sheet.

If during the period covered by such profit and loss statements, the applicant succeeded to the business and assets of another person, the statements furnished should reflect the operations of such predecessor or predecessors for that part of such period preceding the date of acquisition.

Exhibit IV-A copy (specimen if available) of each form of bonds or notes included in the funded debt of the applicant and a copy of each indenture or other instrument under which such securities were issued, including all amendments thereto presently in eifect." (CORPORATE SEAL)

(Name of applicant) Ву

(President) Attest:

The undersigned requests the Maritimo Administration to determine the allowanco of credit it will make on the purchase price of the vessel or vessels described in item 8 hereof (herein called the “Administration vessel(s)"), for title to the vessel or vessels described in Item 3 hereof (herein called the “old vessel(s)"), in accordance with the provisions of the Merchant Ship Sales Act of 1946, Public Law 321, 79th Cong., 2d Sess., approved March 8, 1946 (herein called the "Act"), and the rules and regulations prescribed by the Maritime Administration (or the United States Maritime Commission) (herein called the “Administration"), $ $ 299.1 to 299.207 inclusive, of General Order 60, published in the FEDERAL REGISTR

(herein called the “regulations"), which the applicant agrees shall be binding in all transactions in connection with this application. Applicant also agrees that any amendment or modification of the rules and regulations shall be binding in all transactions approved by the Administration after the date of publication of such amendment or modification in the FEDERAL REQISTER.

A. General

1. The applicant is a corporation duly organized and existing under the laws of the State of

2. (a) The applicant is a citizen of

(b) If applicant is a foreign corporation, state whether controlling interest is owned by a citizen or citizens of the United States

(Secretary)

(Date)

* Exhibits I and II need be attached to only two executed copies. If Exhibits I and II are not in the English language, formal translations thereof should also be furnished.

Exhibits III and IV shall be prepared in accordance with the instructions and terms of the Administration's “General Financial Statement" (mentioned in $ 299.1 (n) of the regulations) or shall be accompanied by statements correlating the data therein to the classification of accounts contained in said "General Financial Statement." Such exhibits must be in the English language.

* If the applicant is a citizen of the United States, insert "the United States within the meaning of section 2 of the shipping Act, 1916, as amended, and section 906 (c) of the Merchant Marine Act, 1936, as amended, and agrees that if the Administration shall take favorable action upon this application, it will furnish promptly, but in any event prior to the acquisition by the Administration of the old vessel, proof satisfactory to the Administration of such citizenship." If the applicant is not a citizen of the United States, insert the name of the country of which applicant is a citizen.

and, If so, when was such controlling interest acquired.

B. Old vessel(s) 8. (a) Number of old vessels to be turned

(b) Aggregate deadweight

tonnage (c) Aggregate gross ton

nage (d) Name of old vessel (8)

(including former

names) (e) Official numbers... (1) Date of delivery by

shipbuilder (8) Name of shipbuilder (b) Place of construc

tion (1) Original cost of con

struction (1) Documented under

laws of (k) Date acquired by ap

plicant

6

(1) Prom whom acquired.
(m) Cost to applicant.---
(n) I acquired at any

time from the United
States, give price paid
United States, date and

by whom acquired.----(0) When reconstructed

or reconditioned -
(p) Name and location of

shipyard (s) performing
works
(9) Cost of such recon-

struction or recondi.

tioning
(r) Detailed description of

the nature of such re-
construction or recondi-

tioning
(8) Transcript of depreci-

ation schedule filed with
last federal income tax

return 4. If the old vessel(8) listed in Item 3 is or has been subject to any agreement with the United States which contains a valuation of the vessel(s) for purposes of just compensation, insurance value or other purposes, identity the agreement and list here the amounts specified.

5. There are attached hereto and made a part of this application, schedules designated 5 (a) to 5 (2), inclusive, with respect to each of the vessels listed in item 3 hereof, the following information with respect thereto: (Please repeat headings in Alling out schedules).

(a) Type of vessel. (b) Class.

[ocr errors]

* With respect to United States citizens who own the controlling interest in a foreign corporation, proof satisfactory to the Administration of such citizenship and such control will be required if the Administration takes favorable action on this application.

. If any vessel listed under Item 3 has been built in a foreign shipyard, state whether such vessel 18 presently entitled to the privilege of engaging in domestic trade and the date when such privilege was acquired.

* A. Transfer to applicant. If the vessels were acquired by the applicant otherwise than through cash payment in full therefor, or were acquired for cash, or otherwise. from a transferor in any way afiliated or associated with the applicant, full information shall be given with respect to the following: (1) From whom acquired; (2) terms of sale, cash or otherwise, to applicant; (3) cost, cash or otherwise, to amllate or associate; (4) details of betterments (nature and cost) made by applicant, and such asfiliate or associate; (5) details of any book appreciation and reasons therefore; (6) the afiliation or association, existing between the applicant and the transferor as of the time of the acquisition of the vessels by Applicant and as of the time of this application.

B. Prior transfers. If any prior owner of the vessels, other than the immediate transferor to the applicant, was at any time during the period of such ownership, or is, at the time of this application, in any way associated or affiliated with the applicant, full information shall be given with respect to each such prior ownership, as follows: (1) name of prior owner; (2) from whom acquired by such prior owner; (3) cost and other terms of sale, cash or otherwise, to such prior owner; (4) to whom transferred by such prior owner; (5) price and other terms of sale, cash or otherwise, to the transferor from such prior owner; (6) de

talls of betterments (nature and cost) madeby such prior owner; (7) details of any book appreciation made by such prior owner and reasons therefor; (8) the atliation and as. sociation between such prior owner with the applicant and with the transferor to such prior owner, existing at the time of acquisition of the vessel by said prior owner and at the time of this application.

C. Schedules. The information required: pursuant to items A and B above, should be furnished for each vessel in the form of schedules designated 3 (a), 8 (b), etc., and attached to this application.

. As to Items (0) to (r) Inclusive, stateseparately, and in detail, as far as possible, work done by or for the account of the United States.

• This should be the last port of dischargewithin the continental limits of the United States on the route in which the vessel is to be operated, and the time of delivery should be approximately the date on which it is ex. pected that the vessel (8) replacing such old vessel(s) will be delivered to the applicant. In no case will the physical delivery of the old vessel be postponed beyond the termination date of the voyage in progress at the time the vessel was delivered.

Date of proposed

delivery to Place of Name of vessel Administration delivery.

(c) No. of propellers.
(d) Type of propulsion.
(e) No. of main engines and horsepower.
(1) Sustained sea speed at full load.
(8) Length 0. A.
(h) Length B. P.
(1) Breadth.
(1) Depth.
(k) Draft loaded.
(1) Full load displacement, tons.
(m) Deadweight, tons.
(n) Lightweight, tons.

Gross tonnage.
Net tonnage.

Bale cubic capacity.
(r) Number of complete decks.
(s) Number holds.
(t) Number of passengers by classes.

(u) Cubic feet of refrigerated space, with temperatures maintained.

(v) Date of last survey and docking.

(w) Estimated cost of repairs necessary to continue in class at this time.

(x) One copy of survey on redelivery of vessel br United States.

(y) Present employment and location of each vessel.

(z) chartered, state to whom. I under charter to the United States, give date and number of charter party.

6. The date subsequent to the date of this application on which said vessel(s) will arrive at its anal port of discharge within the continental limits of the United States or, 11 not in operation, its present location.

7. Applicant represents that, subject to agreement on the terms of exchange, the old vessel(s) listed in item 3 hereof will be de. livered by applicant to the Administration at Approximately the time and at ports within the continental limits of the United States as follows:

Approximate

date of

delivery to Place of Name of vessel Administration delivery

C. Administration vessel 8. The allowance which may be granted by the Administration upon acquisition of the old vessel(s) is to be credited against the purchase price of the following vessel(s): (a) Number of vessel(s) to be pur

chased... (b) Aggregate deadweight tonnage.. (c) Aggregate gross tonnage-(d) Name(s) or type designation(s). (e) Date of application to purchase.

9. Applicant understands and agrees that the old vessel(s) will be delivered to the Administration with warranty that the same are free and clear of all liens and encum. brances whatsoever, except that, in the discretion of the Administration, the vessel(8) may be accepted subject to liens and encumbrances covered by Insurance on condition that insurance claims shall be assigned to the Administration. There are at this time no llens or encumbrances against any of said vessel(s), other than (a) maritime liens for crews' wages, supplies, and other ordinary expenses arising out of current operations, or (b) llens fully covered by unsurance, except as follows:

10. If the old vessel is owned by a foreign corporation, applicant understands and agrees that the Commission vessel purchased with the credit provided for by $ 299.22 of the regulations shall be owned by the citizen or citizens of the United States having the controlling interest in the foreign corporation, and shall be documented under the laws of the United States. There is filed herewith, as an exhibit, the concurrence of such citizen, or citizens, in the application of the agreement to take title to the vessel and documentation under the laws of the United States.

11. The applicant submits the following additional information (annexed hereto as Schedules 11 (a) to 11 -, inclusive), for the use of the Administration in considering this application (including information

except that applicant desires to retain for use the vessel(s) hereinafter listed in the service or services in which said vessel(s) are presently being operated and requests the Administration that said vessel(s) shall not be so delivered until the date(s) hereinafter set forth:

• This should be the last port of discharge within the continental limits of the United States on the route in which the vessel is to be operated, and the time of delivery should be approximately the date on which it is expected that the vessel(s) replacing such old vessel(s) will be delivered to the applicant. In no case will the physical delivery of the old vessel be postponed beyond the termination date of the voyage in progress at the time the vessel was delivered.

7 There should be listed in the space provided for herein on schedules designated (a), 9 (b), etc., a statement of all preferred ship mortgages, all other mortgages, all judgments, all libels, or other liens affecting any or all of the vessels listed in item 3 containing particulars as to the property copered by such mortgage, judgments, or other llens, the amount thereof, and the manner in which applicant proposes to dispose of them prior to the acquisition of said vessel(s) by the Administration. Also list deductibles and franchises under policies of insurance.

« AnteriorContinuar »