Registration of a ship or houseboat means that the ship or houseboat is entered in the shipping register of the land registry. The shipping register is a public register and can in principle be consulted by anyone. It lists the ship or houseboat by name, dimensions and other characteristics. It also states who the owner is and whether it is mortgaged.
A unique number is assigned to the vessel when it is registered. This number is also physically applied to the vessel: the vessel is then 'branded'. This is done via the application of a plate whether or not combined with the application of microdots.
Registration of an inland vessel is mandatory if, for example, the water displacement of the vessel exceeds 10 m3. However, vessels not covered by this obligation can also be registered. A seagoing vessel may be registered if it is under construction in the Netherlands or the owner has a link with the Netherlands.
Besides commercially operated ships, the term 'ship' also includes pleasure boats, houseboats and ships under construction. In principle, everything that by its nature is intended to float or is intended to float or was intended to float falls under the term ship.
For the first entry in the shipping register, the intervention of a notary is in principle not mandatory.
The land registry asks the owner for specifications of the vessel, such as dimensions, water displacement, the origin and type of engines, and a general description and enumeration of the vessel's characteristics.
Various documents must be submitted, including at least the purchase agreement and the receipt for payment of the purchase price. In some cases, a nationality declaration is also required. If required, the notary accompanies the initial registration. He knows the procedures and the various forms that need to be submitted.
From the moment of registration, it is possible to find out who the legal owner of the vessel is. As proof of ownership, the owner receives a certificate from the registry.
There are situations where legal proof that someone owns the ship is important. For example, in the event that the yard, where the ship under construction is, ends up in bankruptcy. If the ship under construction is registered, the owner can be proved and the ship under construction remains outside the bankruptcy estate.
Even in case of theft, the brand mark can be used to prove who the rightful owner of the ship is.
If certain conditions are met, a registration can also be cancelled. The notary knows the procedures and can be helpful. For example, when applying for an order from the interim relief judge granting permission for de-registration.
For more information on the registration or transfer of a ship, please contact us. We will be happy to help.
pkooijman@kooijmanautar.nl
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