Bareboat Charter Registration

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 under the Malta flag.

The two main principles adopted at law on bareboat 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 vessel falls under the jurisdiction of the bareboat charter registry.

1. Bareboat charter registration of a foreign ship in Malta

Bareboat Charter registration of a foreign registered Ship in the Maltese Bareboat Charter Ship Registry may be effected for a maximum period of two (2) years, but on application and with the consent of all interested parties, this period may be further extended for additional periods of two (2) years each.

Apart from the usual requirements for Provisional Registration of a ship under the Malta flag, the following particular requirements are also to be satisfied for provisional Bareboat Charter Registration in Malta, namely:-

" Evidence of Compatibility of Underlying Registry
" Transcript of Register from Underlying Registry
" Consent of Underlying Registry
" Consent of Owners
" Mortgagees' Consent (where applicable)
" Copy of Bareboat Charter Party Agreement.

Within a period of 30 days following the provisional bareboat charter registration of the ship under the Malta Flag, a receipt must be produced to the Registrar of Shipping in Malta evidencing the due surrender to the underlying registry of all Certificates relating to the Ship.
2. Bareboat charter registration of a Maltese ship in a foreign registry

Bareboat charter registration of a Maltese registered ship in a foreign bareboat charter ship registry may be effected on obtaining the Consent of the Registrar of Shipping to that effect, which Consent will be forthcoming upon satisfaction of the following particular requirements, namely:-

a. Evidence of Compatibility of Foreign Registry (where applicable)
b. Consent of Registered Owners
c. Application to Registrar by Owners for permission to bareboat charter register the ship in a foreign registry
d. Undertaking by Owners to surrender the Certificate of Malta Registry to the Registrar within 30 days from the entry of the ship in the foreign bareboat charter registry
e. Undertaking by Bareboat Charterers in favour of the Maltese Registrar confirming that the Maltese maritime flag will not be hoisted on the ship for the duration of the bareboat charter registration of the ship in the foreign registry
f. Mortgagees' Consent (where applicable)
g. Copy of the Bareboat Charter party Agreement.

Following the bareboat charter registration of the ship in the particular compatible foreign registry, the following obligations towards the Maltese Registrar of Shipping are to be fulfilled, namely:-

1.The Carving and Marking Note issued by the Maltese Registry indicating the Home Port of the foreign registry is to be returned duly endorsed by the Classification Society within 15 days;
2. The Certificate of Malta Registry must be surrendered within 30 days, and
3. A transcript of Registry or an Extract evidencing the foreign bareboat charter registration of the /ship is to be provided within 30 days.