SHIPS ELIGIBLE FOR REGISTRATION ġ S.L.234.23 1
SUBSIDIARY LEGISLATION 234.23
SHIPS ELIGIBLE FOR REGISTRATION 
REGULATIONS
30th March, 2001;
25th February, 2003
LEGAL NOTICEs 69 of 2001 and 71 of 2003, consolidated.
Title.
Registration Regulations.
Interpretation.
or it is otherwise expressly provided -
Cap. 234.
''prescribed form'' means the form prescribed by the Registrar-
General or as near thereto as circumstances permit.
Part I
Ships eligible to be 
registered.
3. For the purpose of article 4(1)( c ) of the Act, a person shall
be eligible to own a Maltese ship or a share therein where the ship
or such share belongs to the community of acquests subsisting
between such person and a citizen of Malta in whose name the ship
is to be registered.
Part II
International 
owner.
4. (1) A foreign corporate body or other entity which enjoys
to the satisfaction of the Registrar-General legal personality in
terms of the law under which it has been established or constituted
and which has satisfied the Registrar-General that it can and will
ensure due observance of the laws of Malta relating to merchant
shipping, hereinafter referred to as ''international owner'', shall be
qualified to own a Maltese ship or a share therein.
(2) A foreign corporate body or entity shall be deemed to
satisfy the Registrar-General as required by subregulation (1)
unless the Registrar-General has made a declaration to the contrary;
and the Registrar-General may, before withdrawing such
declaration, impose such conditions as he may deem fit in the
circumstances that may include the provision of a guarantee or a
bond.
Appointment of 
resident agent.
5. (1) The international owner shall appoint in writing a
resident agent who -
( a ) is habitually resident in Malta;
( b ) is not interdicted or incapacitated or is an
undischarged bankrupt;
( c ) has not been convicted of any of the crimes affecting
public trust or of theft or of fraud or of knowingly
receiving property obtained by theft or fraud; and
( d ) has satisfied the Registrar-General to be a person
2 ġ S.L.234.23 SHIPS ELIGIBLE FOR REGISTRATION
capable of carrying out the functions stated in these
regulations.
(2) A person shall be deemed to satisfy the Registrar-General
as required by subregulation (1)( d ) unless the Registrar-General
has made a declaration to the contrary; and the Registrar-General
may, before withdrawing such declaration, impose such conditions
as he may deem fit in the circumstances.
(3) The international owner shall ensure that it has a validly
appointed resident agent at all times.
(4) Notices of the appointment, resignation or removal of the
resident agent shall be filed with the registrar in the prescribed
form, and where a notice of appointment is given it shall be
accompanied by the acceptance in writing of the resident agent of
such appointment.
(5) The Registrar-General may at any time refuse or reject any
notice of an appointment which he considers is not in compliance
with these regulations and in such case the international owner
shall immediately appoint another resident agent.
Jurisdiction of 
Maltese courts.
Cap. 12.
6. An international owner in whose name a ship is, or has
been registered under the Act, or in whose name a certificate of
registry, provisional or otherwise, has been issued, shall be deemed
to have submitted to the jurisdiction of the Maltese courts in terms
of article 742(1)( g ) of the Code of Organization and Civil
Procedure for any action in connection with the ship while it is or
was so registered.
Functions of the 
resident agent.
7. (1) It shall be the function of the resident agent to -
( a ) act as the channel of communication between the
international owner and Maltese government
departments and authorities;
( b ) sign and file with Maltese government departments
and authorities, on behalf of the international owner,
all declarations and forms required in terms of Maltese
law;
( c ) act as the judicial representative of the international
owner for judicial proceedings in Malta, and for the
purposes of the Act, any official notice sent to the
resident agent at his last registered address shall be
deemed to have been duly received by and notified to
the international owner.
(2) Notwithstanding the provisions of subregulation (1), the
resident agent shall not be personally liable for non-compliance by
the international owner with any law, unless the resident agent has
personally undertaken liability in writing or has willfully or
recklessly made a false declaration.
Powers of resident 
agent.
8. (1) Without prejudice to the powers enjoyed by the
international owner, the resident agent shall have the power to -
( a ) sign and file, on behalf of the international owner,
applications, declarations, notices, returns and any
SHIPS ELIGIBLE FOR REGISTRATION ġ S.L.234.23 3
other document required in terms of Maltese law;
( b ) apply, on behalf of the international owner, for the
registration of a ship under the Act and for the closure
of register of a ship, and to perform any ancillary act
in relation thereto;
( c ) pay all relative fees and taxes payable in terms of
Maltese law;
( d ) do, on behalf of the international owner, all other
things as may be considered conducive or ancillary for
the registration of a ship under the Act or for the
maintenance of such registration;
( e ) do, on behalf of the international owner, all other
things as may be considered conducive or ancillary for
the cancellation of the registration of a ship under the
Act;
( f ) authenticate documents issued by the international
owner.
(2) Except with regards to matters in relation to the registration
of the ship under the Act and to the maintenance of such
registration the international owner may restrict any of the above
powers of the resident agent:
Provided that where the international owner limits such
powers he shall file with the Registrar-General a declaration to that
effect in the prescribed form and such limitation shall not have
effect with regards to third parties until it is so filed.
(3) The resident agent may appoint in writing another person to
act on his behalf provided that in so doing the resident agent shall
not be relinquishing the functions, powers and responsibilities
conferred on him by these regulations.
Resignation or 
removal of resident 
agent.
9. (1) A resident agent may resign by giving at least fifteen
days notice (or such other shorter period as the international owner,
the Registrar-General and any registered mortgagee may consent
to) in writing to the international owner, the Registrar-General and
to any registered mortgagee.
(2) The international owner may remove the resident agent by
giving at least fifteen days notice (or such other shorter period as
the Registrar-General and any registered mortgagee may consent
to) in writing to the Registrar-General and to any registered
mortgagee.
(3) A registered mortgagee shall be deemed to enjoy the power
to appoint a resident agent on behalf of the international owner in
case of failure of the international owner to appoint such an agent.
(4) Where the international owner is in default of his
obligations under subregulation 4(3) the Registrar-General may,
without prejudice to any other action that can be taken under the
Act, apply to the Civil Court, First Hall for the appointment of a
curator to act as resident agent until such time as another resident
agent is validly appointed or the ship ceases to be registered:
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Provided that any expense incurred will be considered as a
charge due to the Registrar-General under article 50( b ) of the Act.
