Why ships must be registered?

 

There are two main reasons why a ship should be registered.  One is to establish the identity of the shipowner and the other is as evidence of the nationality of the ship.  Registration also allows mortgages to be registered and the ship be pledged as security. Registered ships can claim privileges and sovereign protection from the flag state too.

 

 

Must all ships be registered?

 

There are three categories of ships that need not be registered.  They are

 

v  Ships that do not exceed 15 net tonnage

v  Licensed ship

v  Local fishing vessel of 500 GT and below

 

 

In what circumstances do I need to re-register and register anew?

 

Registry Anew is a process by which the current particulars of a ship, including her Official Number, her ownership and any encumbrances, are re-entered in the Register Book under a new port number.

 

Re-registry is the term used when a vessel whose registry under the Ordinance has been previously closed becomes the subject of a fresh application for registry.  Examples of events leading to re-registry are:-

 

(a) Registry closed on sale of ship to foreigners, repurchased back by Malaysian and registered back as Malaysian ship.

 

(b) Registry closed on abandonment of ship as a wreck or constructively lost but subsequently recovered.

 

(c) Registry closed following application to licence under Boat Licensing Rules. Ship subsequently sold to another Malaysian requiring title registry.

 

(d) Registry arises after condemnation of a ship by a competent court

 

 

What are the changes that must be notified to the registrar?

 

The Registrar must be informed of any changes that affect the information in the Certificate of Registry, for example, change of address.

 

 

How to register a ship?

 

Before a ship can be registered, the ship’s name has to be approved.  The application for ship name can be made at any port of registry office.  Upon the approval of the name, application to register a ship can be made at any port of registry office of your choice.

 

In most circumstances, a provisional certificate of registry will be issued for a maximum period of six months pending the carving and marking of ship’s name and port of registry.

 

 

What are the documents required for the registration?

 

Documents that shall be furnished with the application are

 

v  Application to register

v  Declaration of eligibility

v  Original documents such as Builders Certificate (for new ship), Bills of Sale, Invoices, Title of Evidence, etc.

v  Certificate of Survey for Tonnage and measurement issued by Marine Surveyors.

v  If the vessel is over 24 meters in length, an International Tonnage Certificate 1969 is required

v  Certificate of Company Incorporation if owner is a body corporate

v  If the vessel is coming off from a foreign register, a deletion certificate and an extract of their register 

 

 

How do I effect the change of ownership?

 

In the case of an individual owner, the appointed Ship Manager or the owner himself may effect the change of ownership at the Registry office.  He will need to submit : .

 

v  A copy of Identification Card

v  Appointment of Ship Manager

v  Declaration of Eligibility

v  Original Bills of Sale going back to the last registered owner

v  Original Certificate of Registry

 

 

In the case of corporate ownership;

 

v  Declaration of Eligibility

v  Appointment of Ship Manager

v  Original Bills of Sale going back to the last registered owner

v  Certificate of Incorporation

v  Memorandum and Article of Association

v  Certificate of Incorporation of Company (Form 9)

v  Return of Allotment of Share (Form 24) of Company Act 1965

v  Form 49 of Company Act 1965

v  Original Certificate of Registry

 

 

How do I effect changes of ship particulars?

 

Before notifying the registrar of the changes of ship’s particulars, a surveyor shall inspect the ship to verify the changes and issue a Certificate of Survey.  

 

For change in engine particulars, the documents to be submitted are

 

v  Certificate of Survey

v  Original Certificate of Registry

v  Marine 255 – Pin 1/99 form which has been

v  Survey 118 – Declaration of the machinery

 

 

For change in ship’s tonnage, the documents to be submitted are

 

v  Certificate of Survey

v  Original Certificate of Registry

v  Marine 255 – Pin 1/99

v  A copy of Tonnage Certificate

 

 

How to register a mortgage?

 

Essentially, there are two kinds of  Mortgages,  one is  to secure a loan of Principal Sum with interest and the other is to secure an Account Current or similar transactions.  The application to register a mortgage shall be accompanied by appropriate mortgage forms (Form 247/249/251), an original or certified true copy of Deeds of Covenant.  There are fees to be paid which are calculated based on the tonnage of the ships.

 

 

Traditional Ship Registry

 

Am I entitled to registry my ship?

 

The qualifications to register a ship as a Malaysian ship are:

 

v  The owners of the ship  are Malaysian citizens

v  If it is owned by a company, the company must be incorporated in Malaysia

v  The company shall have a principal office in Malaysia

v  Majority of the shareholding are held by Malaysian citizens

v  Majority of the directors are Malaysian citizens

 

 

Where to register a ship?

 

The ports of registry in Malaysia are Port Kelang, Penang, Kota Kinabalu and Kuching. 

 

 

Malaysia International Ship Registry

 

Am I entitled to own a Malaysia International Registry ship?

 

The qualifications to own a Malaysia International Registry ship are

 

v  Corporation is incorporated in Malaysia

v  Office is in Malaysia

v  Majority of the shareholders are not Malaysian

v  Paid up capital of at least 10 % of the value of the ship or one million Ringgit Malaysia, whichever is higher

 

 

Where can I register my ship as Malaysia International Registry?

 

Port of Registry Office of Malaysian International Ship Registry is located at Marine Department of Labuan office, Federal Territory of Labuan

 

 

Is there any restriction to register ships under the Malaysia International Ship Registry?

 

To register a ship under the Malaysian International Ship Registry, the ship shall meet the following criteria:-

 

v  Fitted with mechanical propulsion

v  Not less than 1,600 gross tonnage

v  Not more than 15 years if it is a tanker or a bulk carrier

v  Not more than 20 years if it other than above