1. Anyone may register a vessel in Malta
However, whilst an owner residing or registered in Malta may register such vessel directly themselves, international owners must first appoint a resident agent as their representative. Resident agents must necessarily reside in Malta themselves and throughout the entire filing procedure, such resident agent will be the main contact person acting on behalf of the owner.
2. Provisional Registration
As soon as the request for an International Owner and the appointment of the Resident Agent is approved by Transport Malta (where applicable), one may proceed with the provisional registration of the vessel. In order to provisionally register a ship, one must first submit a request for the name of the vessel, so as to ensure that no other craft is already registered under the same name. A number of other documents – such as the declaration and proof of ownership, declaration of radio equipment and application for radio station licence (where applicable), must also be submitted – together with the application for the registration of the vessel and the payment of the relative fees.
3. Validity of Provisional Registration
A provisional registration is valid for a period of six months. Although the provisional registration may be extended to further periods, these extensions may not exceed the aggregate period of six months.
4. Documentation required to obtain Permanent Registration
In order to obtain the permanent registry certificate of a vessel, one must provide Transport Malta with all the necessary documentation including, amongst others, the Original Bill of Sale and Deletion Certificate from the registry of the previous flag state – if the vessel was previously registered under a different jurisdiction. Furthermore, a Maltese approved surveyor must issue a Certificate of Survey and endorse a Carving and Marking Note of the vessel to confirm that the vessel is marked according to law. In the case of vessels over 24 metres in length, one must also furnish Transport Malta with the International Tonnage Certificate.
5. A Permanent Certificate of Registry must be renewed annually.
As soon as the request for an International Owner and the appointment of the Resident Agent is approved by Transport Malta (where applicable), one may proceed with the provisional registration of the vessel. In order to provisionally register a ship, one must first submit a request for the name of the vessel, so as to ensure that no other craft is already registered under the same name. A number of other documents – such as the declaration and proof of ownership, declaration of radio equipment and application for radio station licence (where applicable), must also be submitted – together with the application for the registration of the vessel and the payment of the relative fees.
6. Employment must be in line with local laws
The employer of a Seafarer on a Maltese flag vessel must ensure that the Seafarer’s Employment Agreement is in turn in compliance with Maltese law. If they are working on a commercial vessel, their employment contract must also be in line with the Maritime Labour Convention.
7. Social Security Affiliation of Seafarers
According to a European Union regulation and Maltese social security authorities, EU/EEA/Swiss resident crew members working on an EU/EEA/Swiss flag ship must be affiliated with social security in the flag state, independent of their nationality. The only exception to this rule is when the employer and seafarer are both residents of the same Member State; in which case, they must be affiliated in that particular Member state. Crew members residing in a third country but working under the Maltese flag must be insured according to the law of their country of residence.
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For more information you can contact one of our Team Members at Mifsud & Mifsud Advocates.
