Regulations, 2003

SlIpplilllelll wl-Ca~~elta lal-C"em Ia' Malta. NI'II. 17.363, 25 ta' Frar, 2003

L.N. 71 of 2003

MERCHANT SI-lII'PII G ACT

(CAP. 234)

Merchant Shipping (Ships Eligible for Registration)

Regulations, 2003

IN exercise of the powcrs confen'ed by anieles 4( I)(c) and 374 of

the Merchant Shipping Aet, the Minister for Transport and

Communicalions has made the following regulations:-

/. The title of these regulations is the Merchant Shipping (Ships Short ,,,,,.

Eligible for Registration) Regulations, 2003.

In these regulations. unless the context otherwise requires, or Intcrprel:l\ion.

it is otherwise expressly provided-

"Act" means the Merchant Shipping Act;

"prescribed fonn" means the fonn prescribed by the Registrar-

General or as near thereto as circumstances permit.

3, (1) A foreign corporate body orotherentity which enjoys to 'otcm";on"

the satisfaction of the Registrar-General legal personality in lenns of OWOCI.

the law under which it has been established or constituted and which

has satisfied the Registrar-General that it can and will ensure due

observance of the laws of Malta relating to merchant shipping,

hereinafter referred to as "international owner", shall be qualified to

own a Maltese ship or a share therein.

(2) A foreign corporate body or entity shall be deemed to

satisfy the Registrar-General as required by subregulalion (1) hereof

unless the Registrar-General has made a declaration to the contrary;

and the Registrar-General may, before withdrawing such declaration,

impose such conditions as he may deem fit in the circumstances that

may include the provision of a guarantee or a bond.

~,

The intemational owner shall appoint in writing a resident Appomtment of

(I)

resident :agent

agent who-

(a)

is habitually residcIll in Malta

(b) is not interdicted or incapacitated or is an

undischarged bankrupt

(c) has not been convicted of any of thc crimes

affecting public trust or of thcft or of fraud or of knowingly

receiving propel1Y obtained by theft or fraud; and

(d) has satisfied the Registrar-General to be a person

capable of carrying out the functions stated in these

regulations.

(2) A person shall be deemed to satisfy the Registrar-General

as required by subregulation (I led) hereof unless the Registrar-General

has made a declaration to the cOIllrary; and the Registrar-General may,

before withdrawing such declaration, impose such conditions as he may

deem fit in the circumstances.

(3) The international owner shall ensure that it has a validly

appoimed resident agem at all times.

(4) Notices of the appointment, resignation or removal of

the residem agem shall be filed with the registrar in the prescribed form,

and where a notice of appointmem is given it shall be accompanied by

the acceptance in wfiting of the resident agent of such appoimmcnt.

(5) The Registrar-General may at any time refuse or reject

any notice of an appointmem which hc considers is not in compliance

with these regulations and in such case the intcmHtional owner shall

immediately appoint another residem agent.

An international owner in whose name a ship is, or has been

registered under the Act, or in whose name a cel1ificate of rcgistry,

provisional or otherwisc, has been issued, shall be deemed to have

submitted to the jurisdiction of the Maltese courts in telms of al1icle

742(l)(g) of the Code of Organization and Civil Procedure for any action

in connection with the ship while it is or was so registered.

(I)

It shall be the function of the resident agem to -

(a) act as the channcl of communication between thc

international owner and Maltese govcmment depaT1ments and

authorities;

(b) sign and file with Maltese govelllment departments

and authorities, on bchalf of the international owner, all

declarations and forms required in terms of Maltese law;

(e) act as the judicial representati ve of the inte1l1alional

owner for judicial proceedings in Malta, and for the purposes

of the Act, any official notice sent to the resident agent at his

last registered address shall be deemed to have been duly

rcceivcd by and notified to the international owner.

(2) Notwithstanding the provisions of subregulation (I)

hereof, the resident agent shall not be personally liable for non-

compliance by the international owner with any law, unless the resident

agent has personally undel1aken liability in writing or has willfully or

recklessly made a false declaration.

(I) Without prejudice to the powers enjoyed by the Powers of resident

agent.

international owner, the resident agent shall have the power to-

(a) sign and file, on behalf of the inte1l1ational owner,

applications, declarations, notices, returns and any other

document required in terms of Maltese law;

(b) apply, on behalf of the inte1l1ational owner, for the

registration of a ship under the Act and for the closure of

register of a ship, and to perform any ancillary act in relation

thereto;

(c) pay all relative fees and taxes payable in terms of

Maltese law;

(d) do, on behalf of the inte1l1ational owner, all other

things as may be considered conducive or ancillary for the

registration of a ship under the Act or for the maintenance of

slich registration;

(e) do, on behalf of the international owner, all other

things as may be considered conducive or ancillary for the

cancellation of the registration of a ship under the Act;

(f)

authenticate documents issued by the inte1l1ational

owner.

(2) Except with regards to matters in relation to the

registration of the ship under the Act and to the maintenance of such

registration the international owner may restrict any of the above powers

of the resident agent

Provided that where the international owner limits such

powers he shall file with the Registrar-General a declaration to that

effect in the prescribed form and such limitation shall not have effect

with regards to third panies until it is so filed.

(3) The resident agent may appoint in wliting another person

to act on his behalf provided that in so doing the resident agent shall not

be relinquishing the functions, powers and responsibilities conferred

on him by these regulations.

(I) A residem agem may resign by giving at least fifteen

days notice (or such other shoner period as the international owner, the

Registrar-General and any registered mortgagee may consent to) in

writing to the international owner, the Registrar-General and to any

registered mortgagee.

(2)

The intcl11ational owner may remove the resident agent

by giving at least fifteen days notice (or such other shorter period as the

Registrar-General and any registered mortgagee may consent to) in

writing to the Registrar-General and to any registered mortgagee.

(3) A registered mongagee shall be deemed to enjoy the

power to appoint a resident agent on behalf of the intemational owner

in case of failure of the inlcll1ational owner to appoint such an agent.

(4) Where the international owner is in default of his

obligations under subregulation 4(3) the Registrar-General may. without

prejudice to any other action that can be taken under the Act, apply to

the Civil COUI1, First Hall for the appointment of a curator to act as

resident agent until such time as another resident agent is validly

appointed or the ship ceases to be registered

Provided that any expense incurred will be considered as a charge

due to the Registrar-General under anicle 50(b) of the Act.