Section 39: Interim registration

39. Interim registration (1) The Registrar may, subject to subsection (2), where— (a) there is in existence a written contract for the transfer of a ship or a share in a ship; (b) under the terms of that contract, the owner has agreed— (i) to transfer the ship or a share in the ship to a person qualified to own Mauritius ships and who intends to register the ship; and (ii) to provide the transferee with a bill of sale of the ship and a certificate stating that the ship is free from registered mortgages; and (c) the ship will, on the execution of the bill of sale, be entitled to be registered, M62 – 25 [Issue 2] Merchant Shipping Act register the ship by entering the particulars referred to in section 26 (1) and grant to the transferee a certificate of registration which is valid for 21 days from its date of issue. (2) The entry in the Register shall only be made where— (a) the transferee makes a declaration confirming his qualifications to own a Mauritius ship and containing— (i) a statement that there is in existence a written contract for the transfer of the ship or a share in the ship and that the ship is not registered in Mauritius; (ii) a statement that the owner has agreed to— (A) transfer the ship or a share in the ship to the transferee; (B) provide the transferee with a bill of sale of the ship and a certificate stating that the ship is free from registered mortgages; and (C) procure the termination of the registration of the ship in the country in which it is then registered; and (iii) a statement that, to the best of his knowledge and belief, on the execution of the bill of sale the ship will be owned by persons qualified to be owners of Mauritius ships, and the ship is otherwise entitled to be registered; and (b) there is produced to the Registrar a certified copy of the contract referred to in the declaration made under paragraph (a). (3) Where a ship is registered under subsection (1), the transferee shall, within 21 days of the date of issue of the certificate of registration, deliver to the Registrar a declaration made in accordance with section 19 (5) and a bill of sale executed under the contract, and the Registrar shall then make the entries in the Register required by section 26 (1) and grant a certificate of registration under that section. (4) Where the transferee does not comply with the requirements of subsection (3), the registration of the ship shall automatically terminate at the expiry of the interim certificate which shall be delivered to the Registrar. (5) Where a ship is registered under subsection (1), it shall be deemed to be a Mauritius ship for the purposes of this Act and it shall not display any colours other than the national colours of Mauritius. (6) Where a ship is registered under subsection (1), any act or thing required to be done or not done under this Act by the owner of a ship shall be deemed to be required to be done or not done by the transferee. [Issue 2] M62 – 26 Revised Laws of Mauritius