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Title: The Enforcement Rules of the Ship Registration Law CH
Category: Ministry of Transportation and Communications(交通部)
Chapter 4 Procedures for Registration
Article 14
The order of the registrations enumerated in the same part shall be determined based on the order of the column of "Order of Rights" and, for those listed in different parts, the Receipt Nos.
Article 15
When registering the column of "Subject", numbers shall be recorded in a sequent order in the column of "Order of Rights".
Article 16
When registering the part of "Indications of ships", the indications of a ship, which were recorded in the application form submitted at the time the initial application was made for preserving the proprietorship of such ship, shall be recorded.
When registering the column of "Subject", the receiving date and receipt No. of the application, the name, address and residence of the obligee, the cause, purpose and date of the registration, and the right-related matters elaborated in the application form, shall be recorded.
Upon completing registration, the person in charge shall depict the registering date right behind the registration, with his title chop stamped.
Article 17
After making the registration mentioned in the preceeding article, a vertical live shall be marked to segregate with the blank space in the columns of "Order of Rights" and "Subject".
Article 18
If there are more than one obligee entitled to a registration, the names of co-owners shall be all listed in the column of "Subject". This requirement shall also be applicable if more than one obligor are entitled to a registration.
Article 19
The number of the column of "Order of Rights" for a collateral registration shall be the same as for the primary registration thereof. However, the collateral registration number shall be recorded in the column of the primary registration.
Article 20
Any interim registration shall be recorded in the corresponding column of "Subject", but a blank space should be reserved in the left side thereof.
The formal registration, which is made after the interim registration, shall be recorded in the blank space indicated in the previous paragraph.
Article 21
When making a collateral registration for an alteration of registered entry pursuant to Article 24 or 39 of the Ship Registration Law, any alteration of the entry in the part of "Indications of Ship" shall be deleted by drawing a vertical line, and beside it shall the new entry be recorded. The person in charge shall then stamp such alteration with his title chop.
Article 22
When making a resumption registration within the time limit specified in Article 28 of the Ship Registration Law, a resumption register book shall be established for registering the number of the column of "Order of Rights", and "Registration Number", receiving date and receipt No. The cause of the resumption registration shall then be recorded in the Registration Certificate.
Article 23
The resumption register book shall be closed on the expiry day of the time limit specified in Article 28 of the Ship Registration Law; the registrations entered therein shall be transferred to the corresponding parts of the new book, marked with the date of transfer. The number given in the new book shall also be recorded in the original Registration Certificate.
Article 24
In case a part or column of the register book is full, all subsequent matters shall be recorded in the supplementary register book, applying the same numbers and marking the volume number, page number in the left side of the part or column that is fully occupied, or in the additional papers which shall be adhered to such part or column and stamped with official seal.
Article 25
In case of changing the port of registry, firstly the registration of deletion shall be made, followed by putting a remark in the Registration Certificate, issuing a transcript (or photocopy) of the register book, deleting the registration number and marking "closed" in the remark column of the part of "Indication of Ship".
The change of the port of registry to some other port shall be subject to the registration of transfer. The entries made in the transcript (photocopy) of the register book given by the original port of registry shall be transcribed to the register book, in which the former port of registry, register book number and all matters that are required to appear in the application form shall be indicated.
Article 26
When making a registration of deleting proprietorship, all information that is required to be enumerated in the application form shall be recorded in the column of "Subject", the part of "Proprietorship" of the register book, while the registration number and indications shall all be deleted.
Article 27
In case of loss of a ship, which had been leased or mortgaged jointly with some other ship before loss, the cause and date of loss shall be recorded in the corresponding column of such other ship's register book.
As the case mentioned in the previous paragraph, if the port of registry of such other ship is under the jurisdiction of another Shipping Administration Authority, such authority shall be notified of making such registration mentioned above.
Article 28
The registration of mortgage for a ship during construction shall be recorded in the special register book.
In case the registration of the right of mortgage mentioned in the previous paragraph is not made in the port of registry of the ship, the Shipping Administration Authority at the place of construction undertaking such registration shall send a transcript of the special register book to the Shipping Administration Authority at the port of registry after completing the registration.
Article 29
When making the registration mentioned in the preceding article, the number of registering shall be recorded in the "Registration Number" column; the ship's type, name, plan, dimensions and capacity, place and name of shipbuilder, and the obligor's name, company name, address and residence or office shall be recorded in the "Indications of ship" part; the receiving date, receipt number, purpose, cause and date of the application for mortgage registration shall be recorded in the "Subject" column.
Article 30
When making the proprietorship registration of a ship during construction, which has been mortgaged, the registration of the mortgage shall be transferred to the ship's register book after completing such registration, of which the date shall be noted, and the title chop of person in charge shall be affixed.
After making the above registration, the special register book shall be closed.
If the ship's port of registry is beyond the jurisdiction of the Shipping Administration Authority registering such mortgage mentioned hereinbefore, the person in charges of the port of registry shall transfer the information of the mortgage to the register book according to the transcript of the special register book issued by the former Shipping Administration Authority.
Article 31
Upon closing registration, the person in charge shall record the cause and date of closing, with his title chop affixed, in the part of "Indications of Ship", and delete the ship's indications and registration number, meanwhile, depict the cause in the remark column of the index book.
Article 32
When making the registration pursuant to Article 38 of the Ship Registration Law, the person in charge shall record the names, addresses, residences and the possessory portions of co-owners in the "Subject" and "Proprietorship" columns of the register book; thence record according to the order of applications the names, addresses, residences and ship name in the columns of "Ship Name" and "Possessory Portion"; thence record the Nos. in the "No. of Possessory Portion" column; thence record applications' receiving dates and numbers, Nos. of register books, pages, Nos. of the column of "Order of Rights" in the Remark column. The person in charge shall affix his title chop all such records.
After completing the aforesaid registration, it shall be noted with the words denoting the number of persons.
If the possessory portion is not indicated in the cause of registration, the column of "Possessory Portion" shall be crossed out.
Article 33
A registration of alteration for transfer of part of property between co-owners shall be made pursuant to Article 38, the Ship Registration Law and shall submit the certificate of property transfer, original co-owners' letters of consent, revised co-owner register, contract, if any, and seal imprint certificates.
The registration required for transfer of part of property by some co-owner to some new co-owner shall be made pursuant to the previous paragraph and shall submit identity documents.
The registration fee for the part of transfer referred to in the two preceding paragraphs shall be levied and collected pursuant to the provision set forth in Item 2, First paragraph, Article 28 of the Ship Registration Law. And, the new cause for registration, receiving date and number of application as well as the order of right shall be recorded in the "Proprietorship" column of the register book, which shall be stamped with the title chop of the prson in charge.
Article 34
The registration of alteration required for transfer or waiver of the order of right shall be noted with the cause and the application date and receiving number in the "Subject" column. And, the order of such registration shall be numbered in the left side of the number noted in the "Order of Rights" column, and all the registration shall be stamped with the chop of the the person in charge.
Article 35
When making a collateral registration, the number thereof shall be recorded in the left side of the number marked in the "Order of Right" column of primary registration.