SHIPS ELIGIBLE FOR REGISTRATION REGULATIONS

SUBSIDIARY LEGISLATION 234.23

SHIPS ELIGIBLE FOR REGISTRATION

REGULATIONS

30th March, 2001;

25th February, 2003

LEGAL NOTICES 69 of 2001 and 71 of 2003 - as amended by Legal

Notices 348 of 2003, 124 of 2012, 22 of 2015 and 466 of 2020,

consolidated.

The title of these regulations is Ships Eligible for

Registration Regulations.

In these regulations, unless the context otherwise requires,

or it is otherwise expressly provided -

''Act'' means the Merchant Shipping Act;

''international owner'' means -

(a)

either a foreign corporate body or other entity which

enjoys to the satisfaction of the Registrar-General

legal personality in terms of 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; or

(b) a citizen of the European Union or of the European

Economic Area or of Switzerland or of the United

Kingdom not residing in Malta

For the purposes of these regulations, ‘residing in

Malta’ shall mean a citizen of a Member State of the

European Union or of the European Economic Area or

of Switzerland or of the United Kingdom resident in

Malta as may be established by documentary evidence;

''prescribed form'' means the form prescribed by the Registrar-

General or as near thereto as circumstances permit.

Part I

For the purpose of article 4(1)(c) of the Act, a person shall

be eligible to own a Maltese ship or a share therein where the ship

or such share belongs to the community of acquests subsisting

between such person and a citizen of Malta in whose name the ship

is to be registered.

Part II

A citizen of a Member State of the European Union or of

the European Economic Area or of Switzerland or of the United

Kingdom residing in Malta shall be qualified to own a Maltese ship

or a share therein.

(1) An international owner shall be qualified to own a

Maltese ship or a share therein.

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

Registrar-General that it can and will ensure due observance of the

law of Malta relating to merchant shipping, unless the Registrar-

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

General may, in order not to make such a declaration or 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.

(1) The international owner shall appoint in writing a

resident agent who -

(a) is habitually resident in Malta;

(b) is not interdicted or

incapacitated

or

is

an

undischarged bankrupt;

(c) has not been convicted of any of the crimes affecting

public trust or of theft or of fraud or of knowingly

receiving property 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 (1)(d) 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.

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

appointed resident agent at all times.

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

resident agent shall be filed with the registrar in the prescribed

form, and where a notice of appointment is given it shall be

accompanied by the acceptance in writing of the resident agent of

such appointment.

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

notice of an appointment which he considers is not in compliance

with these regulations and in such case the international owner

shall immediately appoint another resident agent.

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

been registered under the Act, or in whose name a certificate of

registry, provisional or otherwise, has been issued, shall be deemed

to have submitted to the jurisdiction of the Maltese courts in terms

o f a rt i c l e 74 2( 1 ) (g ) o f t h e Co de o f O rga ni z a t i on a nd C i vi l

Procedure for any action in connection with the ship while it is or

was so registered.

(1)

It shall be the function of the resident agent to -

(a) act as the channel of communication between the

international owner and Maltese government

departments and authorities;

(b) sign and file with Maltese government departments

and authorities, on behalf of the international owner,

all declarations and forms required in terms of Maltese

law;

(c) act as the judicial representative of the international

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 received by and notified to

the international owner.

(2) Notwithstanding the provisions of subregulation (1), the

resident agent shall not be personally liable for non-compliance by

the international owner with any law, unless the resident agent has

personally undertaken liability in writing or has willfully or

recklessly made a false declaration.

(1) Without prejudice to the powers enjoyed by the

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

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

applications, declarations, notices, returns and any

other document required in terms of Maltese law;

(b) apply, on behalf of the international 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 international 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 such 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 international

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 parties until it is so filed.

(3) The resident agent may appoint in writing 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.

(1) A resident agent may resign by giving at least fifteen

days notice (or such other shorter 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 international 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 mortgagee shall be deemed to enjoy the power

to appoint a resident agent on behalf of the international owner in

case of failure of the international 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 Court, 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 article 50(b) of the Act.