How will the yacht be used? Private cruising with family? Corporate hospitality? A mixed private and charter model? Mediterranean summers only, or global itineraries? These early reflections are not incidental. They directly influence size, crew complement, technical specification, regulatory positioning and long-term cost. It will allow the owner to assess the acquisition cost, ongoing costs, and resale options.
Before entering the purchase process, many prospective owners sensibly charter first. Chartering allows an owner to test different sizes, layouts and operational styles. It also provides practical insight into crew structure, guest flow, toy capacity and cruising logistics. In our experience, this stage often refines expectations and prevents over specification or under buying.
Once the decision to purchase is made, discipline becomes essential.
Step One: Appoint the Right Commercial Advisers
A reputable international broker is engaged to source suitable vessels, provide market valuation benchmarks and manage price negotiations. The broker coordinates inspections and acts as intermediary between buyer and seller.
However, the broker does not manage legal risk, or provide ownership structuring advice.
Step Two: Structure Before Signature
One of the most common and costly mistakes in yacht acquisitions is signing a Memorandum of Agreement before deciding how the yacht should be owned.
The purchase contract will require a contracting party. That party should almost never be selected casually.
Key issues must be analysed at the outset:
- Where is the beneficial owner tax resident?
- Will the yacht operate in EU waters?
- Is EU VAT paid, or will Temporary Admission apply?
- Is charter revenue anticipated?
- Is financing required?
- Which flag state best aligns with intended use?
- Is a corporate Special Purpose Vehicle appropriate?
At Rosemont Yacht Services, we work with clients before any offer is submitted. We analyse the owner’s profile and operational objectives, design the appropriate ownership structure and incorporate the yacht owning entity in the optimal jurisdiction.
This ensures that the correct legal person signs the purchase contract from the outset. Restructuring after signature can create transfer tax risk, VAT leakage or banking complications. Proper sequencing avoids these exposures.
Step Three: The Memorandum of Agreement
The Memorandum of Agreement, typically based on the MYBA form, is a sophisticated legal document. It allocates risk through warranty provisions, default clauses, survey contingencies and deposit mechanics.
A specialist maritime expert should therefore be instructed to negotiate and manage the contract.
Rosemont Yacht Services can also assist directly in the drafting and review of the sale and purchase documentation, working alongside maritime counsel where required. Our role is to ensure that the contractual framework aligns with the agreed ownership structure, VAT positioning and long-term governance model. Contract drafting and structuring must operate together, not in isolation.
Step Four: Technical Due Diligence
No acquisition proceeds safely without independent technical review.
A marine surveyor is appointed to conduct a full pre-purchase condition survey, inspect machinery and propulsion systems, review class records and attend the sea trial. The findings often inform final price negotiations.
At this stage, legal advisers manage contractual protections while the structuring adviser ensures that registration, mortgage documentation and corporate records are aligned for completion. Insurance is organised prior to completion.
Step Five: Completion and Registration
On completion, purchase funds are transferred, title passes, and the yacht is registered under the chosen flag. If financing is involved, mortgage registration must be carefully coordinated.
Because the owning entity has already been established and structured correctly, closing can proceed efficiently. There is no need for last minute restructuring or reactive tax planning.
Step Six: Ongoing Ownership and Administration
A superyacht is rarely owned personally. It is typically held through a corporate vehicle that must be properly administered for the life of the asset.
This includes:
- Corporate governance and director oversight
- Annual filings and registry compliance
- Beneficial ownership reporting
- Coordination with flag authorities
- Banking and financing liaison
- Crew employment arrangements
- Review of VAT and operational positioning
Our presence in Monaco, at the heart of the global superyacht sector, allows us to work closely with brokers, maritime lawyers, shipyards, managers and flag registries on a daily basis. Monaco is not simply a location; it is a functioning ecosystem of yacht professionals, and we operate within it continuously.
Rosemont’s Malta office is strategically positioned within one of the Mediterranean’s leading maritime jurisdictions, enabling direct coordination with the Malta Ship Registry, local regulators and service providers in a key hub for superyacht registration, crew employment, VAT structuring and commercial yachting operations.
The Correct Order of Events
In practice, a disciplined acquisition follows this sequence:
- 1. Clarify usage objectives, often through charter experience
- 2. Appoint broker
- 3. Engage Rosemont to design the ownership and tax structure
- 4. Establish the yacht owning entity
- 5.Take maritime legal advice and align contract drafting with structure
- 6. Negotiate and sign the Memorandum of Agreement
- 7. Conduct survey and sea trial
- 8. Complete and register Implement long-term corporate administration
Conclusion
Buying a superyacht is not simply about selecting the right vessel. It is about acquiring, holding and operating the asset within a legally and fiscally coherent framework.
The purchase contract concludes the transaction.
The ownership structure protects it.
Engaging Rosemont Yacht Services from the outset ensures that both elements are aligned from day one, providing clarity, compliance and continuity for the long term.