Subject: GUIDELINES/REQUIREMENTS FOR EMPANELMENT AS SHIPBROKER

1. All applicants have to be Domestic Companies having an independent exclusive

Head Office or Branch Office in the proximity of Delhi equipped with modern
telecommunication facilities, infrastructure and qualified supporting staff. It should not
be residence of an employee / Director/Proprietor of the Company. .

2. The Company seeking empanelment should be in existence in India for atleast

one year with activities in the field of chartering and other shipping related fields and
should have done some chartering business of fixing ships/cargoes during the last one
year. In this respect necessary documentary evidence should be provided.

3. The applicant company should furnish communications from minimum two

foreign shipowners/foreign shipbrokers on their letterhead confirming -

(i) that they will offer tonnage through applicant;

(ii) if ship-owners, to attach list of tonnage owned.

4. The applicant company should have minimum one person having following
qualification/experience :

(i) Graduate with minimum 2 years experience as a regular employee in

shipping/ shipbroking company. (Persons who have passed the examinations conducted
by Narottam Morarji Institute of Shipping Mumbai or the Institute of Chartered
Shipbrokers London, minimum experience required is one year instead of two years)

OR

ii) A Master Mariner, who should have minimum six months experience as a
regular employee in a shipping/shipbroking company.

OR
iii) A shipbroker already working in a shipbroking company empanelled with
Transchart

5) Alongwith the application form, the applicant company is required to furnish the
following documents/information with documentary proof :

a) an original copy of Memorandum of Association and Articles of

Association which should include shipbroking as one of the activities and should not
include owning/operating of ships.

b) brief resume giving the activities of the company

c) particulars of the proprietor(s)/partners/Directors of the company on the

date of application with name, address and occupations.
d) Existing company to furnish certified copy of the latest Audited Annual
Account/ Balance sheets with PAN (PERMANENT ACCOUNT NUMBER) allotted by
the Income tax Deptt.

e) For new companies (d) above will not be applicable and their financial strength
will be guided by the equity shares of the company for which necessary documentary
proof to be furnished alongwith the application.

6) PROPRIETORSHIP FIRM

In addition to fulfillment of all above requirements proof of filing of latest Income Tax
Return should be submitted.

7) PARTNERSHIP FIRM

In addition to fulfillment of all above requirements, Partnership Agreement and proof of

registration same with Registrar of Firms, Kashmere Gate, Delhi should be submitted.

8) RE-EMPANELMENT

A shipbroking company on the panel of the Transchart, if depanelled due to non

observation of conditions subject to which they were empanelled can only apply for re-
empanelment after one year from the date of depanelment and should have done some
chartering business of fixing Ships/Cargoes during the last one year, in addition to all
other requirements as mentioned above. Such re-empanelment will be considered as new
empanelment and all rules & conditions applicable will be as in respect of new applicant.

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(To be submitted to the Chief Controller of Chartering, Ministry of Shipping, Chartering

Wing, Parivahan Bhavan, New Delhi - 110 001 on the letterhead of the applicant firm).

PROFORMA

Name of the firm:

Address of the Registered Office

with modern telecommunication facilities.:

Address of the Head Office

with modern telecommunication facilities.:

Address of the New Delhi Office

with modern telecommunication facilities

1) All applicants have to be Domestic Companies having an independent exclusive

Head Office or Branch Office in the proximity of Delhi equipped with modern
telecommunication facilities, infrastructure and qualified supporting staff. It should not
be residence of an employee /Director/Proprietor of the Company.

2) The Company seeking empanelment should be in existence in India for atleast one
year with activities in the field of chartering and other shipping related fields and should
have done some chartering business of fixing ships/cargoes during the last one year. In
this respect necessary documentary evidence should be provided.

3). The applicant company should furnish communications from minimum two foreign
shipowners/foreign shipbrokers on their letterhead confirming -

(i) that they will offer tonnage through applicant;

(ii) if shipowners to attach list of tonnage owned.

4. The applicant company should have minimum one person having following
qualification/experience :

(i) Graduate with minimum 2 years experience as a regular employee in shipping/

shipbroking company. (Persons who have passed the examinations conducted by
Narottam Morarji Institute of Shipping Mumbai or the Institute of Chartered Shipbrokers
London, minimum experience required is one year instead of two years)

OR

ii) A Master Mariner, who should have minimum six months experience as a regular
employee in a shipping/shipbroking company.
OR

iii) A shipbroker already working in a shipbroking company empanelled with

Transchart

5. Alongwith the application form the applicant company is required to furnish the
following documents/information with documentary proof :

a) an original copy of Memorandum of Association and Articles of Association

which should include shipbroking as one of the activities and should not include
owning/operating of ships.

b) brief resume giving the activities of the company

c) particulars of the proprietor(s)/partners/Directors of the company on the date of

application with name, address and occupations.

d) Existing company to furnish certified copy of the latest Audited Annual Account/
Balance sheets with PAN (PERMANENT ACCOUNT NUMBER) allotted by the
Income tax Deptt.

e) For new companies (d) above will not be applicable and their financial strength will
be guided by the equity shares of the company for which necessary documentary proof to
be furnished alongwith the application..

6. In respect of proprietorship, partnership and re-empanelment cases , in addition to

above, the following will also apply :

PROPRIETORSHIP FIRM

In addition to fulfillment of all above requirements proof of filing of latest Income Tax
Return should be submitted.

PARTNERSHIP FIRM

In addition to fulfillment of all above requirements, Partnership Agreement and proof of

registration same with Registrar of Firms, Kashmere Gate, Delhi should be submitted.

RE-EMPANELMENT

A shipbroking company on the panel of the Transchart, if depanelled due to non

observation of conditions subject to which they were empanelled can only apply for re-
empanelment after one year from the date of depanelment and should have done some
chartering business of fixing Ships/Cargoes during the last one year, in addition to all
other requirements as mentioned above. Such re-empanelment will be considered as new
empanelment and all rules & conditions applicable will be as in respect of new applicant.

Signature of the authorized person:

Date..........
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ANNEXURE - I

Conditions subject to which request for empanelment as Chartering

Broker has been approved
1. Broker will not directly negotiate with Government of India/State Government
Departments/ Public Sector Undertakings /Autonomous bodies for shipping/chartering
business.

2. Brokers will report to Transchart full details of any fixture concluded by them
other than Transchart with Private Parties.

3. Brokers will furnish details of any enquiry received by them for liner space/tramp
vessels for shipment of any cargo by Government of India /State Government
Departments and or their Public Sector Undertakings and or Departmental
Undertakings/Autonomous Bodies.

4. In conducting the business (their representative) shall if asked for, obtain and
communicate such information as may be relevant for chartering/ booking liner space and
also ensure that no misrepresentation is made and shall be guided by the principles of
honesty and fair dealing.

5. No broker shall offer a vessel/space in a vessel unless they are duly authorised by
the owners or their authorised representatives to do so nor shall they give any counter
offer to shipowners unless actually authorised by TRANSCHART.

6. The Broker/their representatives who attends the TRANSCHART meetings for

negotiating tonnage shall be conversant with general shipping practices, customs,
procedures, documentation and the general market conditions; have a general idea of the
law of contracts and its implications with regard to international maritime transport; be
familiar with general charter party provisions and Bills of lading for various types of
seaborne trade; and generally keep abreast of developments in shipping and chartering;

7. The Broker shall correspond directly with their foreign associate in all matters
relating to tonnage offers. They shall render necessary post fixture services in an
efficient and diligent manner to ensure smooth performance of the contract, always
creating an environment of mutual cordiality between owners and charterers;

8. The authorised representative will regularly attend Transchart meetings to ensure

active interactions with chartering activities.

9. The Broker shall conclude and execute fixtures with Transchart to the entire
satisfaction of Transchart and also submit report annually reflecting the details of
business for appraisal by Transchart.

ANNEXURE II

GENRAL POWER OF ATTORNEY

TO ALL TO WHOM THESE PRESENTS SHALL COME: WE

________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Whereas the firm is desirous of appointing _____________________an employee of its

Delhi office as its true and lawful attorney, to act for and on its behalf to do the following
acts, deeds and things in the course of and for the firm's business.

Now therefore know all men and these presents witness that we do hereby nominate
constitute and appoint the said __________________ son of _______________________
resident of ________________________, who is our employee as our true and lawful
attorney for us and in our name and on our behalf to do and execute all and any of the
following deeds, things hereinafter mentioned:

i) To negotiate, to fix charter parties, to execute general contract /contract of

Affreightment and all related legal documents in the transactions with TRANSCHART
and others and generally to do all acts, for the said business of the firm in connection with
the "Chartering".

ii) To sign Debit Notes, Freight Invoice/Freight Bills and Commission

Invoices, and similar documents in connection with the said above mentioned in (i).

iii) Generally, to do all such acts, and things as may be conducive and
incidental to the exercise of the power and authority given above.

iv) The said __________________________hereby agree that all acts, deeds

and things done by the said attorney __________________shall be considered as acts,
deeds and things, done by the said firm, and it undertakes to ratify and confirm whatever
the said attorney shall do or cause to be done by the firm by virtue of power hereby
given.
In witness whereof, we have hereinto set and subscribed our hands and seals this
_________________.

Signed sealed and delivered

by the above named ______________________
Attorney

Witness
______________________ Notarised
_______________