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Cap. 234 · Merchant Shipping Act (Cap. 234)

Cap. 234 Art. 17Entryofparticulars in register.

PART II

En vigueurTexte officiel

(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 is not the registered owner.

(2) Where a mortgagor has issued a mandate or power of attorney, whether irrevocable or otherwise, and whether in a separate document or within an agreement between the parties, and has submitted such mandate or power of attorney for registration to the registrar, such power of attorney shall be registered in the 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 effect after such date.

(4) The registrar and other administrative authorities shall support and co-operate with the authorised party in the exercise of the powers specified in any mandate or power of attorney entered in the register; provided that in so far as relates to powers granted for the benefit of holders of mortgages registered prior to the coming into force of this article, such assistance shall be granted 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 within the scope of this article and the registrar shall act accordingly.

(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 not be liable in any manner for acting upon the basis of a mandate or power of attorney issued in accordance with this article.

Historique des modifications
  • Amended by XXXVII.1988.4