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Section 46: Transfer and transmission of mortgage

Merchant Shipping Act · PART III: REGISTRATION OF SHIPS

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

46. Transfer and transmission of mortgage (1) A registered mortgage of a ship or share may be transferred to any person, and on production of the instrument effecting the transfer, the Registrar shall record it by entering in the Register the name of the transferee as mortgagee, and sign on the instrument of transfer a statement to the effect that it has been registered by him. (2) (a) Where the mortgage interest in a ship or share is transmitted to a person by any lawful means, other than by a transfer under subsection (1), that person shall produce to the Registrar a statement of the manner in which, and the person to whom, the property has been transmitted together with such evidence as is required for a transmission of the ownership of a ship or share. (b) The Registrar shall, on receipt of a statement referred to in paragraph (a), enter the name of the person entitled under the transmission in the Register as mortgagee of the ship or share.

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