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I. Application conditions for setting up a maritime claim liability limitation fund

. Where limitation of liability is applied according to law after the occurrence of a maritime accident, the shipowner, charter, operator, salvor and insurer may apply to the maritime court to set up a maritime claim liability limitation fund

. Where any oil pollution damage is caused by a ship, the shipowner and the insurer of liability or other persons providing financial suretyship shall, for a purpose of obtaining the right to limitation of liability stipulated by law, constitute a maritime claim liability limitation fund of oil pollution damage to the maritime court

. An application for constituting a liability limitation fund may be submitted before bring an action or during the proceedings, but it shall be submitted at least before the making of the judgment of first instance

. Where an application for constituting a maritime claim liability limitation fund is to be submitted before bringing an action, the parties shall submit it to the maritime court of the place where the accident is occurred, the place where the contract is performed or the place where the ship is arrested.

 

II. Documents to be submitted for the application for constituting a maritime claim liability limitation fund

. Application & evidence

The application shall specify the facts of the maritime accidentthe ship’s information details, the specific calculation method and standard, the quantitythe reasons and the legal resources of constituting a maritime claim liability limitation fund.

. Documents for the applicant’ qualification

If the applicant is a natural person, it is required to provide the copy of Identification Card; if the applicant is a legal person or an incorporated organization, it is required to provide the copy of business license or organization code certificate and the identity certificate of the legal representative or the person chiefly in charge.

. Power of attorney

If the agent is a lawyer, it is required to provide a power of attorney, a copy of lawyers card and a letter of the law firm; if the agent is a company employee, it is required to provide the copy of the employee's identification card, a power of attorney, a copy of labor contract and the aforesaid documents should be affixed with the company's stamp.

. Certificates of ships ownership, nationality, tonnage and other information.

. Evidences related to the maritime accident, such as maritime declarations, maritime accident reports, navigation logs, etc.

. Names, addresses and contact information of known stakeholders.