Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 17
17. (1) As soon as the requirements of this Act preliminary to
registry whether provisional or otherwise, have been complied
with, the registrar shall enter in the register the following
particulars respecting the ship:
(a) the name of the ship;
(b) the details comprised in the surveyor’s certificate
where applicable;
(c) the particulars respecting her origin stated in the
declaration of ownership;
(d) the name and description of her registered owner or
owners and, if there are more owners than one, the
proportions in which they are interested in her;
(e) any registered encumberances that may come to the
knowledge of the registrar;
(f) the details of any mandate or power of attorney,
irrevocable or otherwise in a separate document or as
part of an agreement between the parties, granted by
way of security to the mortgagee, or to a third party for
the mortgagee’s benefit, granting powers relating to
the exercise of rights relating to the vessel or the
closure of the register on behalf of the registered
owner or grantor, where he i s not the registered owner.
( 2 ) W h e r e a m o r t g a g o r h a s i s s u e d a m a n d a t e o r p o w e r o f
attorney, whether irrevocable o r otherwise, and whether in a
separate document or within an agreement between the parties, a nd
has submitted such mandate or pow er of attorney for registratio n to
the registrar, such power of attorney shall be registered in th e
register of the ship to which it refers.
(3) The registrar shall register any notice of cancellation or
release of such mandate or power of attorney from the registry at
the request of the party authorised under the power of attorney or of
the person for whose benefit it has been granted. In the event that a
mandate or power of attorney is granted for a stated period of time
after which it shall lapse, such date shall also be recorded in the
register and the registration of the mandate shall have no effe ct
after such date.
(4) The registrar and other administrative authorities shall
support and co-operate with the a uthorised party in the exercis e of
the powers specified in any mandate or power of attorney entere d
in the register; provided that in so far as relates to powers g ranted
for the benefit of holders of mo rtgages registered prior to the
coming into force of this articl e, such assistance shall be gra nted
even if the mandate or power of attorney is not recorded in the
register and this upon the authorities being satisfied of the
authenticity of the mandate.
(5) It shall be lawful for all holders of existing mortgages to
submit for registration, at their option, any mandate or power of
attorney they have received in their favour and which falls wit hin
the scope of thi s article and the registr ar shall act according ly.
M E R C H A N T S H I P P I N G [CAP. 234. 15
(6) The registrar shall not be bound in any manner by any
written notice from the grantor of revocation of such a mandate or
power of attorney which is stated to be irrevocable and shall n ot be
liable in any manner for acting upon the basis of a mandate or
power of attorney issued in accordance with this article.
Documents to be
retained by
registrar.
Amended by:
XXII. 2000.11;
I.2025.9.
Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.