Malta Flag Registration

Requirement for Registration

As a general rule, only ships registered under the Merchant Shipping Act (MSA) shall enjoy the rights and privileges of a Maltese ship and be recognised as a Maltese ship. However, the following ships are excluded from the requirement of registration:

– Ships exempted from Registry;

– Ships under 6M;

– Ships between 6-24M registered under Authority for Transport in Malta Act (however, ships not employed solely in the navigation of the coasts of Malta are not exempt).

Over-Arching Power of the Minister

The Minister may director the Registrar-General not to register any ship, irrespective of age, if he is of the opinion that it would be detrimental to the national interest of Maltese shipping for the ship to be registered.

Pre-Requirements

Age of Ships

Ships over 25 years old shall not be registered unless with the express permission of the Registrar-General. The Registrar-General will usually grant such permission if the ship forms part of a younger fleet of ships.

Ships between 15-25 years old are required to pass an Authorised Flag State Inspection prior to provisional registration. Ships between 10-15 years old are required to pass the Authorised Flag State Inspection prior to or within one month of provisional registration.

Persons Qualified to Own a Maltese Ship

Ships may only be registered if owned by:

(a) citizens of Malta;

(b) bodies corporate established in Malta, having their principal place of business in Malta or having a place of business in Malta and satisfying the Minister that they can and will ensure due observance with the laws of Malta;

(c) Citizens of EU Member States, the EEA, Switzerland or the UK residing in Malta;

(d) International owners.

International owners include (i) foreign corporate bodies or other entities which satisfy the Registrar-General that they can and will ensure due observance of the laws of Malta; and (ii) citizens of the EU, EEA, Switzerland or UK not residing in Malta.

Appointment of Resident Agent

International owners must appoint a resident agent in writing.

The resident agent must:

(i) be habitually resident in Malta;

(ii) not be interdicted, incapacitated or an undischarged bankrupt;

(iii) not be convicted of any crimes affecting public trust, theft, fraud or knowingly receiving property obtained by theft or fraud; and

(iv) satisfy the Registrar-General that he is capable of carrying out the functions of a Resident Agent.

The functions of the Resident Agent include:

a) acting as a channel of communication between the international owner and the Maltese government departments and authorities;

b) signing and filing all declarations and forms required by Maltese law on behalf of the international owner;

c) acting as the judicial representative of the international owner for judicial proceedings in Malta;

d) applying, on behalf of the international owner, for the registration of a ship and doing all other things as may be considered conducive or ancillary thereto;

e) paying all relative fees and taxes; and

f) authenticating documents issued by the international owner.

Change in Ownership

If at any point, a registered ship ceases to be wholly owned by persons qualified to own a Maltese ship, such ship shall cease to be a Maltese ship.

Registration Procedure

General

The registration procedure is generally straightforward. The ship must first undergo provisional registration.

Procedure for Provisional Registration

In order to be provisionally registered, the following requirements must be satisfied:

(1) Application for Registration

The application for registration shall be made by the owner or by an authorised representative (agent). If made by an authorised representative, the authority of the representative shall be testified in writing.

If required, the application for registration must be accompanied by an application for change of name of the ship.

(2) Declaration of Ownership

The owner or authorised representative shall make and sign a declaration of ownership before the Registrar, including:

(a) a statement of his qualification to own a Maltese ship, and where a body corporate, the document of incorporation;

(b) in the case of international owners, proof of appointment of a resident agent;

(c) a statement of the extent to which the applicant is entitled to be registered as owner;

(d) a declaration that no unqualified person is entitled as owner to any interest in the ship;

(e) a declaration as to what registered encumbrances, if any, exist on the ship; and

(f) a statement of the time and place where the ship was built or if not known, a statement that the declarant does not know the time and place.

(3) Registration Fees

Upon an application for provisional registration, the initial registration fee and the annual fee specified in the First Schedule shall be paid. The fees are based on the tonnage declared by the owner of the ship on the application for registry, which shall be adjusted in accordance with the tonnage specified in the surveyor’s certificate.

(4) Evidence of Seaworthiness

Where the ship is already built, the applicant must provide evidence of seaworthiness.

The Registrar may also require the ship to be inspected by an appropriate inspector or surveyor or ships.

(5) Other Documents

The owner or agent must also provide proof of:

(a) A copy of the International Tonnage Certificate (where applicable);

(b) A copy of the Certificate of Survey (where applicable);

(c) A copy of the Antifouling Certificate (where applicable);

(d) A copy of the International Oil Pollution Prevention Certificate (where applicable);

(e) An application for a Ship Radio Station Licence;

(f) An application for a Minimum Safe Manning Certificate (where applicable);

(g) An application for a Declaration of Maritime Labour Compliance;

Provisional Registration

Upon completion of the provisional registration of a ship, the Registrar shall grant a Provisional Certificate of Registry. Provisional registration is valid for a period of 6 months, extendable by a further 6-months upon good cause being shown.

However, if the ship is not in possession of valid certificates required by international conventions and such other certificates as the Regulations prescribe, the Registrar shall grant a non-operational provisional certificate.

Documents to be Provided during Provisional Registration

Within the first month of provisional registration (extendable by a further two months upon good cause being shown), the owner shall provide the Registrar with:

(a) A builder’s certificate or bill of sale or other document under which the ship was transferred to the applicant;

(b) Evidence that any foreign registration of the ship has been legally cancelled;

Within six months of provisional registration (extendable by a further six months upon good cause being shown), the owner shall provide the Registrar with:

(a) Proof that the ship has been issued with the valid certificates required by international conventions which have been ratified by the Government of Malta;

(b) A Certificate of Survey;

(c) A copy of the International Tonnage Certificate; and

(d) A carving or marking note or evidence that the vessel has been marked in accordance with the requirements of the MSA;

(e) In the case of SOLAS ships, a copy of the last updated Continuous Synopsis Record;

Registration

Upon completion of registry of a ship, the Registrar shall grant a Certificate of Registry. However, if the ship is not in possession of valid certificates required by international conventions and such other certificates as the Regulations prescribe, the Registrar shall grant a non-operational provisional certificate.

The Certificate of Registry, if issued within the first 12 months of provisional registry, shall be valid for the remaining period. If issued at the expiry of the 12 months, it shall be valid for a period of 1 year. It is also possible for the owner to request that the Certificate of Registry be issued for the remaining period combined with a further twelve months.

Furthermore, a Certificate of Registry in respect of ships exceeding 500 gross tonnage may be issued for a maximum period of 5 years.

Renewals

The Registrar shall issue a renewal certificate within a period of three months prior to the expiry of the Certificate of Registry upon payment of the annual fee.

No renewal certificate shall be issued, except in cases of loss or destruction of a certificate, unless the certificate currently held by the owner of the ship is returned. However, the Registrar may, at his own discretion, issue a certificate if the owner undertakes to return the certificate within a maximum period of one month.