Merchant Shipping Act (Cap. 234)
Merchant Shipping Act (Cap. 234), article 49A
49A. (1) A mortgage may be registered over a ship that is under
construction and any such mortg age shall operate in all respect s as a
mortgage in accordance with this Act and unless otherwise provi ded in
this article, the provisions on mortgages shall apply mutatis mutandis.
(2) Prior to the registration of a mortgage over a ship under
construction, the owner shall be required by the registrar to p rovide him
with a declaration of ownership confirming his ownership of the ship
under construction:
Provided that the Registrar may require documentary proof of
ownership.
(3) In cases where the ownership of the ship under construction
vests in more than one owner, th e declaration of ownership shal l be
drawn up jointly by the owners:
Provided that the owners shall have the option to jointly
indicate their respective proportions of shares in the ship und er
construction. Whenever there is a change in the proportions of shares in
the ship, the owners may jointly declare their new respective p roportion
of shares.
Cap. 16.
(4) A declaration of ownership m ade in regard to a ship under
construction shall not be limited to the said ship at the stage of
construction that the ship is i n at the time the declaration is made but
shall also extend to the stages of construction or equipping of the ship
that follow, and article 566 of the Civil Code shall apply thereto.
Cap. 16.
(5) A mortgage registered over a ship that is under construction
shall not be limited to the ship at the stage of construction that the ship is
in at the time the mortgage is registered but shall extend and attach to the
stages of construction that follow, and article 566 of the Civil Code
shall apply thereto.
(6) For the purpose s of this article:
36 CAP. 234.] MERCHANT SHIPPING
"ship under construction" means a ship which is in the process of
being built.
Finance charter
instrument.
Added by:
I.2025.26.
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.