
All types of vessels, from pleasure yachts to oil rigs, may be registered in the name of legally constituted corporate bodies or entities, irrespective of nationality, or by European Union citizens; a Maltese ship may also be bareboat charter registered under another flag.
There are niether trading restrictions
nor age restrictions. However:
Ships of 15 years and over, but under 20
years, must pass an inspection by an authorised
flag state inspector before or within a
month of provisional registration; and
Ships of 20 years and over but less than
25 years , must pass an inspection by an
authorised flag state inspector prior to
being provisionally registered.
As a rule trading ships of 25 years and
over are not registered.
The procedure for the registration of a
vessel is relatively straightforward. Provisional
registration, which in terms of the law
has the same effect as the so-called permanent
registration, can be effected very quickly.
Authority to help a ship, however, will
only be given once the Administration is
satisfied that the vessel conforms to all
the standards required by the relative international
conventions.
Provisional registration has a validity
of six months, although this can be extended
by a further six months; by this time all
the documentation has to be completed for
permanent registration. This includes, in
particular, evidence of ownership and of
cancellation of former registry. Authority
to operate still remains linked to conformity
with the relative manning, safety and pollution
prevention international standards.
Requirements for provisional registration:
An application for registration by the owner
or an authorised representative accompanied;
if required, by an application for a change
of name;
A copy of the ship's International Tonnage
Certificate, where applicable;
Proof of qualification to own a Maltese
ship; in the case of a body corporate, the
memorandum and articles of
association.
A declaration of ownership made before the
Registrar by the owner or an authorised
representative;
Evidence of seaworthiness; in the case of
trading vessels, confirmation of class;
Payment of initial and annual registration
fees.
Documents to be submitted during provisional
registration:
A builder's certificate, if the vessel has
not been registered elsewhere; Otherwise
a bill of sale or any other document
for registry.
A cancellation of registry certificate from
the last country of registry, showing vessel
to be free from encumbrances
or otherwise;
A Certificate of Survey and a copy of the
international Tonnage Certificate certifying
that the vessel
has been surveyed in accordance with Maltese
regulations;
Evidence that the vessel has been marked
in accordance with the law;
At least one crew list.
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 in Malta.
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 operation
of the vessel falls under the jurisdiction
of the bareboat charter registry.
A bareboat charter registration shall be
for the duration of the bareboat charter
or until the expiry date of the underlying
registration, whichever is the shorter,
but in no case for a period exceeding two
years. Registration may be extended.
Requirements for bareboat charter registration
in Malta:
The
ship must be bareboat chartered to Maltese
citizens or Maltese bodies corporate;
The ship is not a Maltese ship, and is registered
in a compatible registry.
The Ship is not registered in another bareboat
registry.
The following documents must be produced:
An application for registration by the chartered
or an authorised representatives;
A declaration of bareboat charter accompanied
by the charter agreement;
A copy of the ship's International tonnage
Certificate;
A transcript or an extract of the underlying
registry, owners and any mortgages;
Evidence of seaworthiness, in the case of
trading vessels, confirmation of class;
Payment of initial and annual registration
fees.
Requirements for the bareboat charter registration
of a Maltese ship under a foreign flag:
The ship is registered as a Maltese ship
under the Merchant Shipping Act
The bareboat charter registry where the
ship is to be registered is a compatible
registry
The following documents must be produced:
An application for the bareboat charter
registration in the foreign registry by
the owner or an
authorised representative:
consent in writing of all the mortgages
(if any)
A written undertaking by the owner to surrender
the ship's Certificate of Malta flag during
the period of bareboat
charter registration;
A copy of the bareboat charter party.
Consent for the bareboat charter registration
of a Maltese ship in a foreign registry
will be issued. The certificate of Malta
Registry must be surrendered to the Registrar
for the duration of the foreign bareboat
charter registry.

Prior to and during the period of the ship's
registration, merchant vessels must be classed
with one of the following classification
societies authorised to issue statutory
certificates on behalf of the Maltese Government:
American Bureau of Shipping, Bureau
Veritas, China Classification Society,
Det Norske Veritas, Germanischer Lloyd,
Korean Register of Shipping, Lloyd's
Register of Shipping,
Nippon Kaiji Kyokai , Russian Maritime
Register of Shipping, Registro Italiano
Navale
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The following classification societies
currently enjoy recognition applicable in
certain circumstances on the specific authorisation
of the Directorate:
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Croatian Register
of Shipping ,
Hellenic Register of Shipping, Polish
Register of Shipping
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Flag State inspections of Maltese ships are
carried out regularly by inspectors appointed
by the Maltese authorities in different ports
worldwide. The inspections are in addition
to the regular statutory surveys conducted
by the classification societies and are carried
out only on the specific instructions of the
Directorate. There are no additional charges
for these inspections except when the vessel
has to undergo a second or subsequent inspection
to ascertain that reported deficiencies have
been corrected and, when a ship is inspected
prior to provisional registration.

Most of the vessels registered under the
Malta flag have their radio accounts settled
by large internationally recognised accounting
authorities. All major authorities are recognised
by the Maltese Administration.

Once a vessel is provisionally registered,
registration, transfer and discharge of
mortgages may be effected immediately on
presentation of the relative documents to
the Registrar.

| Voluntary
closure of registry followed by the
issue of a Deletion Certificate is also
a straightforward operation, provided,
inter alia, there is the consent of
the mortgages and all liabilities and
obligations of the ship towards the
State of Malta have been fulfilled.
Cancellation of registry by the administration
for non-adequate timer has been given
to the owners to regularise matters,
and to the mortgages to take the necessary
action to protect their interests. |
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