|
Registration Of Ships Under The Maltese Flag
Vessel registration under the Malta flag and the operation of Maltese ships is regulated by the Merchant Shipping Act, a law based mainly on UK legislation but subsequently revised and amended in 1986, 1988 and 1990.
Advantages include:
-
low company formation and ship registration costs
-
complete tax exemption to owners, charterers and financiers of Maltese ships over 1,000 net tons; this exemption may also be extended to smaller ships
-
no restriction on the nationality of the master, officers and crew
-
no restrictions on the sale or transfer of shares of a company owning Maltese ships
-
no restrictions on the sale and mortgaging of Maltese ships
-
no trading restrictions and preferential treatment to Maltese ships in certain ports
-
offshore companies operating ships can enjoy all the exemptions and benefits provided for by the offshore legislation
-
twenty four hour, seven days a week service in respect of urgent matters
-
Malta is an international maritime centre providing the whole range of maritime services
Eligibility for Registration
All types of vessels, from pleasure yachts to oil rigs, may be registered, provided that, inter alia, they are wholly owned by Maltese citizens or Maltese bodies corporate.
The formation of a Maltese company is a straightforward operation; there are no nationality requirements as to both the shareholders and directors.
Ships of 20 years and over but under 25 years must pass an inspection by an authorised flag state inspector before or within one month of provisional registration.
Ships of 25 years and over must pass an inspection by an authorised flag state inspector prior to being provisionally registered.
Procedure
A vessel is first registered provisionally under the Malta flag for six months (extendible to one year) during which period all documentation must be finalised.
The requirements for provisional registration are:
-
an application for registration by the owner or an authorised representative
-
an application for a change of name, if required
-
a copy of the ship’s International Tonnage Certificate
-
proof of qualification to own a Maltese ship; in the case of a body corporate, the memorandum and articles of association
-
a declaration of ownership made before the Registrar by the owner or an authorised representative
-
evidence of seaworthiness; in the case of trading vessels, confirmation of class
-
payment of initial and annual registration fees
The following documents must be submitted during provisional registration :
-
a builder’s certificate if the vessel has not been registered elsewhere; otherwise, a bill of sale or any other document by which the vessel was transferred to the applicant for registry
-
a cancellation of registry certificate from the last country of registry, showing vessels to be free from encumbrances or otherwise
-
a certificate of survey and a copy of the tonnage certificate certifying that the vessel has been surveyed in accordance with Maltese regulations
-
at least one crew list accompanied by photocopies of the officers’ certificates
Bareboat charter registration
Maltese law provides both for bareboat charter registration of foreign ships under the Malta flag and also for the bareboat charter registration of Maltese ships under a foreign flag.
Vessels so registered enjoy the same rights and privileges, and have the same obligations, as any other ship registered in Malta.
The two main principles adopted at law on bare boat charter registration are, the compatibility of the two registries, and, that matters regarding title over the ship, mortgages and encumbrances are governed by the underlying registry, while the operation of the vessel falls under jurisdiction of the bareboat charter registry.
A bareboat charter registration shall be for the duration of the bareboat charter or under the expiry date of the underlying registration, whichever is the shorter, but in no case for a period exceeding two years. Registration may be extended.
The requirements for bareboat charter registration in Malta are:
-
the ship must be bareboat chartered to Maltese citizens or Maltese bodies corporate
-
the ship is not a Maltese ship, and is registered in a compatible registry
-
the following documents must be produced:
|
|
O
an application for registration by the charterer or an authorised representative
O
a declaration of bareboat charter accompanied by the charter agreement
O
a transcript of an extract of the underlying registration
O
a copy of the ship’s International Tonnage Certificate
O
the consent in writing of the underlying registry, owners and mortgagees
O
evidence of seaworthiness; in the case of trading vessels, confirmation of class
O
payment of initial and annual registration
fees
|
|
Manning
Maltese ships are subject to the provisions of the Merchant Shipping Act, 1973 and ancillary regulations concerning the competency of officers and seamen
International Conventions
Malta has practically adopted all the major international maritime conventions including: CLC 69, Tonnage 69, COLREG 72, Fund 71, INMARSAT, Load Lines 66, London Dumping 72, MARPOL 73/78, SOLAS 74/78, and STCW 78.
Authorised Classification Societies
Survey, tonnage and convention certificates may be issued on behalf of the Maltese Government by the following classification societies: American Bureau of Shipping, Bureau Veritas, Det Norske Veritas, Germanischer Lloyd, Hellenic Register of Shipping, Lloyd’ Register, Nippon Kaiji Kyokai, and Registro Italiano Navale.
The following classification societies have partial recognition to issue survey, tonnage and convention certificates which is only applicable in certain circumstances: China Classification Society, Croatian Register of Shipping, Korean Register of Shipping, Polski Rejestr Statkow and Russian Maritime Register of Shipping.
Mortgages
Registration, transfer and discharge of mortgages may be effected immediately on presentation of the relative documents to the Registrar. The 1986, 1988 and 1990 amendments introduced important safeguards to the mortgagees of Maltese ships making financing more attractive
Registration Fees
|
