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Chapter Law Content

Title: The Ship Registration Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 2 Procedures of Application for Registration
Article 6
The registration shall be made jointly by the obligee and obligor entitled to the registration or whose proxy or proxies through an application to the competent authority. Any proxy making an application shall present the letter of authorization signed personally by the person delegating the authorization.
Article 7
Any registration of heritage acquired owing to a court decision or inheritance shall be made only by the obligee, by submission of documentary proof.
Article 8
In case a governmental agency or an autonomic organization is the obligee, the organ or the organization shall obtain the letter of consent or any other documentary proof to make the application for registration.
Article 9
In case a governmental agency or an autonomic organization is the obligor, the obligee shall obtain the document certifying the cause of registration issued by the governmental agency or autonomic organization to make the application for registration.
Article 10
In case of acquiring a proprietorship from an auction made by a governmental agency of an autonomic organization, the obligee may apply for the registration of transfer with the documents he obtains from such organ or organization, certifying the cause of registration.
Article 11
For any application for registration, the following documents shall be required:
1. Application form;
2. Documents evidencing the cause of registration;
3. Registration of Certificate of former registration, if any;
4. Documentary proof, if the cause of registration involves any third person; and
5. Documentary proof of registration as to the right of the obligor.
The documents enumerated in Item 4 and 5 of the previous paragraph may be exempted if the causes of registration appearing in such documents are court decisions with the power of enforcement.
Article 12
The following information shall be enumerated in the application form, and the form shall be signed by the applicant:
1. Type, name and tonnage of ship;
2. Port of registry;
3. Cause and date of registration;
4. Purpose of registration;
5. The number of the documents certifying the causes of registration;
6. Amount of registration fees;
7. The authority to which the registration is made;
8. Date of application;
9. Name, domicile of origin, address, residence and occupation of the applicant; or, in case of a juridical person as the applicant, the name and office of such person.
10. Name, domicile of origin, address and residence of the ship managing person, if any; and
11. Name, domicile of origin, address, residence and occupation of the proxy making the application, if any.
Article 13
Any special agreement, if any, attached to the cause of registration shall be also clearly described in the application form.
Article 14
When more than one person are entitled to a registration as the obligees, which part that shall belong to which person shall be elaborated in the application form.
Article 15
In the event that there has no document certifying the cause of registration or there has such document but is unavailable for submission, the reason shall be stated in the application form, with attachments of a letter of guarantee and the counterpart of the application form.
The letter of guarantee referred to in the previous paragraph shall serve to certify that the applicant does not counterfeit and to declare the truth that the original documentary proof is unavailable for submission. The letter shall be countersigned by two or more guarantors, who are limited to the adults having registered the proprietorship of a ship in the district under the jurisdiction of the same authority.
Article 16
In case a number of ships are registered at the same time with the same cause and purpose, the application may be made on one single form.
Article 17
In the event that an documentary proof of registration as to the right of the obligor is found lost, the obligor shall state the reason for the loss of the proof in the application form, and submit the same together with two copies of letter of guarantee.
Article 18
Any application for registration shall be rejected if committing one of the non-conformities indicated hereunder; however, if correction is made within a specified time limit after receipt of a notification of correction, the registration is allowed according to the original order:
1. The matter for which the application is made is not within the range of jurisdiction;
2. The matter for which the application is made is not the one that shall be subject to registration;
3. The authorization of the proxy is ambiguous;
4. The application is not made on the specified form;
5. The indications of the ship or rights of the party, or the cause of registration recorded in the application form are inconsistent with those recorded in the register book or documentary proof;
6. Failure to provide any necessary document upon making application; or
7. Failure to pay registration fees.
Article 19
The competent authority shall issue certificates to applicants upon completing registrations.
The following entries and the words marking the completion of registration shall be recorded in the Registration Certificate, to which the official seal of the competent authority shall be affixed:
1. Name, address and residence of applicant;
2. Registration No.;
3. Date and No. of receipt of application;
4. Indications of the ship;
5. Port of registry;
6. Cause of registration and the date of occurrence thereof;
7. Purpose of registration;
8. The No. of the column of order of rights; and
9. Date of registration.
Article 20
If an application is made by the obligee only, the competent authority shall notify the obligor in this regard with the Notice of Registration.
Article 21
The competent authority shall notify the obligee and obligor immediately of any error or omission found in the registration after it is completed.
Article 22
An interim registration may be made instead if the formal registration can not be made under the following circumstances:
1. The application does not comply with any necessary condition required in the procedures of application for registration;
2. The application is made for the purpose of reserving a claim for the establishment, transfer, alteration or extermination of the rights of a ship; or
3. The claim is contingent upon a time limit or conditions, or it can only be defined in future.
Article 23
The application for an interim registration may be made by the obligee by submitting the letter of consent written by the obligor; or a statement of reason and the document evidencing the cause of registration if such letter of consent is unavailable.
Article 24
An application shall be made for the collateral registration of any alteration of the name, title, address, residence or office, or domicile of origin of the registrant, on the application form, attaching the documentary proof thereof.
Article 25
If the registration of an alteration of right involves any third person's interest, an application for collateral registration shall be made on the application form, attaching the letter of consent issued by the third person.
Article 26
The provision set forth in the preceding article shall be also applicable to the application for correction involving any third person's interest.
Article 27
Upon accepting the application for an establishment of mortgage, leasehold or alteration of right, the competent authority shall, in addition to processing the registration respectively, note the same on the Certificate of Proprietorship Registration
Article 28
In case of loss of the whole or any part of the register book, the competent authority shall report to MOTC for approval to publish a notice to the obligees entitled to the registrations for at least three months for them to apply for resuming such registrations. Whoever makes the application within the time limit shall be allowed to maintain the priority of the registration as given originally.
Article 29
The application for resuming the registration mentioned in the preceding article may be made only by the obligee who submits the original Registration Certigicate.
Article 30
Except as otherwise stipulated in laws, the order of two or more same rights of the same ship shall be based on the order of registering.
The order of the registrations enumerated in the same part of a register book shall be determined based on the order of the columns of "Order of Rights"; for those registrations that are listed in different parts, on the order of the "Receipt Number".
Article 31
The order of the formal registrations that have been made as interim registrations shall be determined based on the order of such interim registrations. However, until the formal registration is made, any interim registration thereof shall cause no validity.
Article 32
The order of collateral registrations shall be determined based on the order of their respective primary registrations. However, the priority among the collateral registrations shall be based on the order of registering.