REGISTRATION OF SHIPS
The primary reasons for the registration of a ship is to meet international obligations such as, Law of the Sea and other international Laws
To meet the national obligations such as:
(a) To ensure the compliance with national law,
(b) To provide nationality and flag,
(c) To establish jurisdiction,
(d) To provide genuine link between the State and the ship,
To establish identity such as:
(a) To facilitate the issue of all other statutory certificates and documents,
(b) To provide the legal basis for all commercial contracts, (Bill of lading, charter party, contract of employment that is articles of agreement, claims and litigation, etc.)
To facilitate mortgages and other transactions such as:
(a) The ship is the "security" for a mortgage and other maritime liens,
(b) A maritime lien is a "claim" against the ship.
Registration of a ship under a national flag confers benefits, but at the same time imposes the above-mentioned obligations. The registering power and protection in varying measure to the owner, the ship itself and all who sail in her wherever she may be trading throughout the world, and will up hold the power of her master to command the ship in accordance with its national law.
In return, it imposes regulations concerning safety and certain other matters,
including the welfare of passengers and crew.
Registration of a ship is used as evidence of the right to fly the Flag of the State as well as of the right of ownership and of mortgages. Thus the registration of a ship is very important since it accords nationality to the ship and serves as proof of title. Normally a ship is registered in the country in which the person or company directly owning her is legally resident. Most countries require this as a condition of registration.
OWNER'S QUALIFICATION AND DECLARATION OF OWNERSHIP
The conditions governing the owner's qualification (proof of citizen/nationality) are usually formulated as requirements for registration. Nationality may be made conditional to the vessel being wholly or partly (e.g. 50% or more) owned by nationals, residents or corporations incorporated under national law.
If registration by the bareboat charter is deemed convenient, nationality may be granted on condition that the charterer is a national, resident or corporation incorporate under national law.
REGISTRAR AND THE BOOK OF REGISTER
Many States designate a government agency (Maritime Administration) as registrar. The duties of the registrar may include:
- Instructions concerning the entry and cancellation of an entry;
- Verification of the documents;
- Rules as to issue a certificate of registry; Information to be kept in the register book:
- Identity of the ship, e.g. name, year and place where the ship was built, tonnage and length
- Names, nationality, addresses of owner ship operators and managers;
- In the case of more than one owner, their respective shares in the ship;
- In the case of an owner-corporation, the names, nationality and supervisory
directors as well as the place of the head office of the corporation;
- The seat of the company managing the ship.
It is useful to include a provision for compulsory notification of the registrar of any change in the above information.
BUILDER'S CERTIFICATE, BILL OF SALE
It is required to submit the builder's certificate for registry of new ship whereas the bill of sale is required for registering the second hand ship, together with the declaration of ownership. In failing to produce either of these the registering of the ship may not be successful.
SURVEY AND MEASUREMENT
The tonnage of a ship required to be registered shall, previous to her being registered, be measured and ascertained according to the Merchant Shipping law for the time being in force. In this case the International Convention on Tonnage Measurement of Ships 1969 is applied . The surveyor grants a certificate of survey, which should be sent back to the registrar. If the ship is in a foreign port the registrar requests the Administration of that State to appoint a surveyor or may delegate the classification society, which the ship is classed, or intend to class with, to carry out the survey and measurement enable to issue- the certificate.
The certificate specifies the ship's tonnage and other particulars descriptive of the identity of the ship.
NAME OF THE SHIP
The proposed name of the ship shall be submitted to the registrar together with the application for the approval.
OFFICIAL NUMBER AND SIGNAL LETTERS
The official number of the ship is usually assigned by the registrar and the signal letters (call sign) of the ship is given by the Post and Telecommunication department.
CARVING NOTE AND MARKING OF THE SHIP
The purpose is to enable identification of the ship. Therefore, national legislation has to provide that on the hull of the ship its name and port of registry should be done so as to prevent fraudulent alteration. Alteration without the consent of the registrar should be prohibited.
After the official number has been allotted, the name approved and the certificate of survey has been granted by the surveyor, the registrar issues to the owner a carving and marking note which is returned to the registrar after the carving and marking have been duly carried out and certified by the surveyor.
It shall not be lawful for any owner of any ship to give any name to such ship other than that by which she was first registered in pursuance of this Act, and the owner of every ship which shall be so registered shall, before such registry shall begin to take in any cargo, paint, or cause to be painted, in white or yellow letters of a length no less than four inches upon a black ground on some conspicuous part of the stern, the name by which such ship shall have been registered pursuant to this Act, and the port to which she belongs, in a distinct and legible manner and shall so keep and preserve the same.
ISSUE OF CERTIFICATE OF REGISTRY
Upon the completion of the necessary procedures mentioned above, the registrar enters the particulars of the ship in the register book and issues to the owner the Certificate of Registry, detaining the following with him, the surveyor's certificate the builder's certificate / bill of sale, the declaration of ownership the application, including the proposed name etc.
CANCELLATION OF REGISTRATION
Registration of a ship should be canceled once it no longer meets the requirements for registration. Cancellation may be effected by the registrar or at the request of the owner. Cancellation takes place if the ship is no longer meets the owner ship requirements or when the ship is lost.
