Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 37C
37C. (1) All registered mortgages , any special privileges and
all actions and claims to which a vessel may be subject shall n ot be
affected by the bankruptcy of the mortgagor or shipowner
happening after the date on whic h the mortgage was created or t he
special privilege, action or claim arose, notwithstanding that the
owner at the commencement of the bankruptcy had the ship in his
possession, order or disposition, or was the reputed owner ther eof,
and such mortgage, privilege, act ion or claim shall have prefer ence,
on the said vessel, over all other debts, claims or interests o f any
other creditor of the bankrupt or of any curator, trustee or re ceiver,
M E R C H A N T S H I P P I N G [CAP. 234. 27
acting on behalf of any other creditors.
(1a) Any finance charter instrument to which a vessel may be
subject shall not be affected b y the bankruptcy of the finance charterer
occurring after the registration date of the finance charter in terest,
notwithstanding that the finance charterer at the commencement of the
bankruptcy had the ship in his possession, order or disposition, and such
finance charter interest shall have preference on the said vess el, over all
other debts, claims or interests of any other creditor of the bankrupt or of
any curator, trustee or receiver, acting on behalf of any other creditors,
save for those claims which would rank in preference of a finan ce
charter interest in accordance with the provisions of this Act.
(2) Any judicial sale proceedings instituted by any registered
mortgagee or privileged creditor shall not be interrupted or in any
way hindered by any curator in bankruptcy, whether voluntary or
compulsory, or any liquidator or receiver of the shipowner for any
cause other than a cause that co uld be set up by the owner.
Cap. 386.
(3) For the avoidance of doubt, the provisions of the
Companies Act relating to insolvency shall not apply insofar as
inconsistent with this Act.
Attachment and
extinguishment of
charges.
Added by:
XXXVII. 1988.19.
Amended by:
XXXVII. 1990.10;
XXII. 2000. 26;
I.2025.18.
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.