CONDITIONS FOR REGISTRY OF SHIPS
Citation.
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Merchant Shipping (Registration of Ships) Regulations, 2006 is Brunei Subsidiary Legislation, cited as Subsidiary Legislation S62 2006, currently marked in force and first recorded in 2006.
MERCHANT SHIPPING ORDER, 2002
IS 27/02)
MERCHANT SHIPPING (REGISTRATION OF SHIPS) REGULATIONS, 2006
Opening note
Citation.
These Regulations may be cited as the Merchant Shipping (Registration of
Ships) Regulations, 2006.
Interpretation.
In this Part -
"age", in relation to a ship, means the difference between -
(a} the year in which its keel was laid, or was at a similar stage of construction; and
(b} the year in which it is to be registered as a Brunei Darussalam ship;
"citizen of Brunei Darussalam" includes a permanent resident of Brunei
Darussalam;
"foreign-owned ship" means a ship that is not locally owned;
"local company" means a company, or a company which has a holding company, in which all or a majority of the shares are owned by persons who are citizens of Brunei Darussalam.
Exemption of naval ships etc.
Regulations -
fa}
ships belonging to the naval, military or air forces of Brunei
Darussalam; and 2141
{b) ships belonging to the Royal Brunei Police Force.
Non-application.
{a) any fishing vessel;
{b) any pleasure craft; and
{c) ships or classes of ships belonging to the Government carrying out safety, customs, fiscal, health or immigration enforcement functions.
Owners of ships registered under Part II of Order.
{a) citizens of Brunei Darussalam;
Companies Order, 2002 (S 56/2000).
Closure of registry of certain tugs, barges and ships.
a local company shall be closed if all or a majority of the shares in the company or its holding company, if any, are; or
Conditions for registry.
A ship, other than a tug or barge, owned wholly or partly by a company shall not be registered unless the company has a minimum paid-up capital of 10%
of the value of the ship or $500,000, whichever is the lesser amount.
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A bareboat charterer which is a company and is not the registered owner of any Brunei Darussalam ship shall have a minimum paid-up capital of
$500,000.
{3)
Notwithstanding sub-regulation (1), a company shall, for the purposes of that sub-regulation, have a paid-up capital of at least $50,000.
Sub-regulations (1) and (2) shall apply to a company only in respect of the first ship to be registered by it after the date of commencement of these
Regulations.
Requirements as to paid-up capital for company ownership of ships.
A tug or barge owned wholly or partly by a local company which owns only tugs or barges or both shall not be registered unless the company and its holding company, if any, has each a minimum paid-up capital of 10% of the value of the tug or barge or $250,000, whichever is the lesser amount.
A bareboat charterer which is a company and is not the registered owner of any Brunei Darussalam ship shall have a minimum paid-up capital of
$250,000.
Notwithstanding sub-regulation (1), a company shall, for the purposes of that sub-regulation, have a paid-up capital of at least $10,600.
Sub-regulations (1) and (2) shall apply to a company only in respect of the first ship to be registered by it after the date of commencement of these
Regulations.
For the purposes of sub-regulation (1), "holding company" has the same meaning as in sections 125 and 126 of the Companies Act (Chapter 39).
Closure of registry of ship upon reduction of paid-up capital of company owner.
Where a company which is required to have the minimum paid-up capital under regulation 7 or 8 for the registry of any ship, tug or barge reduces its paid-up capital below that minimum, the registry of the ship, tug or barge shall be closed by the Minister.
Where a company referred to in sub-regulation (1) of regulation 8 owns, besides any tug or barge, any other ship, regulation 7 shall apply to that company.
Regulations 5, 6, 7, 8 and this regulation shall not apply to a ship, tug or barge registered before the date of commencement of these Regulations.
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Registry of foreign-owned and locally-owned ships.
No foreign-owned ship shall be registered unless it is -
fa) fi.tted with mechanical means of self-propulsion; and
No ship above 17 years of age shall be registered unless the Registrar is satisfied that the ship is in a satisfactory condition in all respects.
Sub-regulation (2) shall not apply to a Brunei Darussalam ship which is registered anew under subsection (1) of section 19 or subsection (1) of section 34
of the Order.
Application for registry.
A corporation applying for the registry of a ship under section 7 of the
Order shall submit to the Registrar the following particulars
(bJ the name, address and nationality of its chairman or president;
(cJ the nap!e, address and nationality of each of its directors;
(dJ its nominal or authorised capital;
(eJ its paid-up capital;
(gJ such other information as the Registrar may require.
The owner of a ship shall, when applying for the registry of the ship, submit to the Registrar the name, address and contact numbers of the representative person or persons of the ship appointed under regulation 12.
The owner of a ship shall notify the Registrar of any change in any of the particulars submitted under this regulation in respect of the ship within 30 days of the change.
The Registrar may at any time require the owner of a ship to produce such documentary evidence of any of the particulars submitted under this regulation as he thinks fit.
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Appointment of representative person.
{1)
For the purposes of section 7 of the Order, the owner or bareboat charterer shall -
(a} appoint a person satisfying the requirements specified in sub-regulation (3) to be the representative person in relation to the ship.
The appointment shall be in the prescribed form as specified in the Second
Schedule; and
The Registrar shall enter the name, identity and address of the representative person appointed in the register.
The representative person shall be
a qualified person and the owner or part owner of the ship; or
(cJ resident in Brunei Darussalam.
The owner or bareboat charterer shall, in the event of any change of identity, address or contact numbers of the representative person appointed, notify the Registrar for the changes to be entered in the register, within 30 days after the change occurs and if he fails to do so without reasonable cause, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
A representative person appointed under sub-regulation (1) shall, in the event that he ceases in the business of managing or acting as agent for ships, give notice in writing of that event to the Registrar and the owner or bareboat charterer within 30 days after the occurrence thereof and if he fails to do so without reasonable cause, he shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
A representative person appointed under sub-regulation (1) who intends to cease acting as the representative person shall give notice in writing of his intention to the owner or bareboat charterer of the ship and deposit with the
Registrar a declaration that he has given such notice. Such notice shall have effect in accordance with regulation 13.
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Notice to replace representative person.
( 1)
The Registrar may, if he is satisfied that the representative person for the time being appointed in relation to a ship (not being the owner of the ship) -
{a) does not satisfy the requirements specified in regulation 12; or
{bj has failed to comply with sub-regulation (1) of regulation 14 or with any other obligation on him as the representative person by the Order or by these Regulations, by written notice served on the owner or bareboat charterer and on the representative person, require the owner or bareboat charterer to replace the representative person within 30 days after the date of service of the notice.
An owner or bareboat charterer who fails to comply with sub-regulation (1) shall be guilty of an offence and shall be liable on conviction to
. a fine not exceeding $5,000.
Duties etc. of representative person.
The representative person appointed under regulation 12 shall represent the owner and the bareboat charterer of a ship in respect of all matters concerning the operations of the ship, in particular, for all matters related to the crew, safety and environmental protection.
Without limiting the generality of the foregoing, the representative person shall, on behalf of the owner and bareboat charterer
{a) accept service of all documents in respect of legal proceedings against the owner or bareboat charterer of the ship, which may be served on the representative person pursuant to paragraph {d) of subsection (1) of section 183 of the Order;
{bj where the Registrar by notice served on the owner, bareboat charterer or representative person requires the owner or bareboat charterer to take any action or give any information concerning the ship or the operation of the ship as a registered ship, take such action or give such information within the time specified in the notice or, if no such time is specified, within a reasonable time.
The duties prescribed by sub-regulations (1) and (2) shall be in addition to and shall not derogate from any other duties prescribed in relation to a representative person by or under the Order or these Regulations.
Sub-regulations (1), (2) and (3) shall continue to apply to the appointed representative person until -
2146
fa/ the appointment by the owner or bareboat charterer of another representative person in relation to the ship;
fb the expiration of a period of 30 days after the date on which a declaration is deposited under regulation 12;
fc} the registration of the ship is closed; or
(d} that person's death, if an individual, or winding-up or dissolution, as the case may be, of a body corporate, whichever event occurs ftrst.
Nothing in this regulation shall be construed as making the representative person appointed in relation to a ship liable in any legal proceedings, whether civil or criminal, for any act or omission of the owner or bareboat charterer.
Appointment of agent.
For the purpose of making and signing the declaration of ownership for the registration of a ship as a Brunei Darussalam ship -
(a/ an individual owner may appoint an agent; and
(bj a corporate owner must appoint an agent if the declaration is not made and signed by a director or secretary of the corporation.
{2)
The appointed agent must be an individual of legal 'age.
Name under which ship is to be registered.
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Application for Registrar's approval of name of ship.
Every application to the Registrar to approve the name of a ship shall be made in such form and manner and accompanied by such particulars as the
Registrar may determine and the applicant shall specify a name which 1s m
Roman letters, and any numerals shall be in Roman or Arabic numerals.
Registrar may require change of name or refuse to approve proposed name.
The Registrar may require the name of an existing ship to be changed or refuse to approve a proposed name if it is -
{a}
already the name of a Brunei Darussalam ship;
{b}
a name which, in his opinion, is so similar to that of a Brunei
Darussalam ship as to be calculated to deceive or likely to confuse;
{c}
a name which may be confused with a distress signal; or
{d}
a name which is prefixed by any letters or a name which might be taken to indicate a type of ship or any other word, prefix or suffix which might cause confusion as to the name of the ship.
Subject to sub-regulation (3), if the Registrar is satisfied that a name does not fall within sub-regulation ( 1), he may approve the name.
Notwithstanding that the Registrar is satisfied that a name does not fall within sub-regulation (1), he may refuse to approve a name which might cause offence or embarrassment.
An approved name shall be valid for registry for a period of one year beginning with the date on which the approval is notified to the applicant.
Reservation of names.
Notwithstanding sub-regulation (4) of regulation 18, the Registrar may allow the reservation of a ship's name for a period of 10 years if he is satisfied that-
·
{a}
the ship is intended to replace another of the same name which is to be registered within 10 years of the date of the application; and
{b}
the application is the owner of a Brunei Darussalam ship with the same name as that which is to be reserved and-
[i)
the Brunei Darussalam registry of the ship will be closed before the registry of the new ship; ?r 2148
the ship will be sold before the registry of the new ship on condition that it changes its name and that its name is so changed.
{2)
An application under this regulation shall be made in such form and manner as the Registrar may determine and shall be accompanied by a full statement of the circumstances of the case.
Evidence of seaworthiness.
( 1)
The following documents may be accepted by the Registrar as evidence that a ship is in a seaworthy condition for registry under section 10 or 11 of the
Order-
(a} a classification certificate issued by a classification society which has been authorised to issue certificates on behalf of the Government; and
such other documents relating to the seaworthiness of the ship as the Registrar may determine.
Evidence of the seaworthiness of a ship shall be produced to the
Registrar at such time as he may require, such evidence being appropriate to the voyages on which the ship is to be engaged.
Application to Registrar to record change of particulars.
{1)
Where there is any change in the registered particulars of a Brunei
Darussalam ship, not being an alteration of the ship to which section 34 of the
Order applies or a change of ownership, the owner or manager of the ship shall, as soon as practicable, apply to the Registrar for the change to be recorded in the register.
Such an application shall be in writing and shall be accompanied by the certificate of registry, if available, and such evidence as to the change as may be required by the Registrar.
On recording the change in the registered particulars, the Registrar shall amend the certificate of registry, if produced to him, or issue an amendment 2149
BRUNEI DARUSSALAM GOVERNMENT GAZETTE slip which shall be affixed to the certificate of registry of the ship as soon as practicable.
Where there is a change in any of the particulars which is required to be marked in accordance with section 9 of the Order, the Registrar shall issue a carving and marking note and, at the request of the applicant, may issue an amendment slip.
The amendment slip shall be affixed to the certificate of registry of the ship by the surveyor who certifies that the marking has been done in accordance with the carving and marking note.
PARTV
BAREBOAT REGISTRY
Interpretation.
For the purposes of this Part -
"bareboat charter ship" means a ship which is hired on bareboat charter terms;
"bareboat charter terms", in relation to a ship, means the hiring of the ship for a stipulated period on terms which give the charterer possession and control of the ship, including the right to appoint the master and crew;
"charter period" means the period during which the ship is chartered on bareboat charter terms;
"closure certificate" means a certificate or certified extract from the register, issued by the authority responsible for the registry, showing that the entry in the register in respect of a ship has been closed or suspended, the date of the closure or suspension, and the details of the ship and its ownership at the time of the closure or suspension, or other similar document;
"country" includes a territory.
Bareboat Charter In.
Regulations 24 to 29 shall apply to any ship which-
{a}
is registered under the law of a country other than Brunei Darussalam, hereinafter referred to as the country of original registry;
{b}
is chartered on bareboat charter terms to a charterer who is a person qualified to own Brunei Darussalam ships; and
·
2150
{c) if owned by a person who is qualified to own Brunei Darussalam ships, may be registered under Pa.rt II of the Order.
Register and registry of bareboat charter ship.
The Registrar shall keep a register of bareboat charter ships in accordance with this Part.
An application for the registry of a bareboat charter ship shall be made in writing by the bareboat charterer or by some other person on his behalf and submitted together with -
{a)
a declaration setting out his qualification to register a bareboat charter ship;
{b)
a certified copy of the charter party showing-
the name of the ship;
the charter period;
{c)
a closure certificate from the country of original registry; and
{d)
such other documents as are specified, or may be required by the
Registrar, under paragraph {b) of subsection (1) of section 10 of the Order.
Provisional registry of bareboat charter ship.
The Registrar may, if he thinks fit, provisionally register a bareboat charter ship and grant a provisional certificate of registry if the application is not accompanied by such of the documents required under paragraph {c) or {d) of sub-regulation (2) of regulation 24.
The provisional registry of a bareboat charter ship shall be valid for a period of not more than one year from the date of issue.
Certificate of registry.
On the completion of the registry of a bareboat charter ship, the
Registrar shall grant a certificate of registry and retain in his possession all the documents submitted under this regulation, except the certificate of registry of the country of original registry, if submitted.
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The registry of a bareboat charter ship and its certificate of registry shall be valid for a period not exceeding 60 days longer than the duration of the charter period, unless closed sooner and the expiry date shall be entered in the register and the certificate of registry.
Where a ship has been provisionally registered under regulation 25
without the tonnage certificate, the fees paid under section 13 of the Order shall be adjusted according to the tonnage established in the tonnage certificate.
The provisional certificate of registry, if any, shall be delivered up to the
Registrar for cancellation.
Extension of expiry date of registry.
The Registrar may extend the expiry date of a registered bareboat charter ship upon application by the bareboat charterer or by some other person on his behalf.
The application shall be in writing and shall be accompanied by such evidence of the extension or renewal of the charter party and the closure or suspension of the original registry for the period of the extension as the Registrar may require.
The Registrar may, if he is satisfied with the evidence produced to him under sub-regulatioq (2) and upon payment of the prescribed fee, extend the expiry date of the registry of the bareboat chartered ship and -
upon request, grant a new certificate of registry and the owner shall surrender the old certificate of registry or cause it to be surrendered to the Registrar as soon as practicable.
Closure of registry of bareboat charter ship.
A registered bareboat charterer of a Brunei Darussalam ship may make a written application to close its registry and upon receipt of the application and the certificate of registry, the Registrar may close the registry and make an entry thereof in the register.
The registry of a bareboat charter ship shall be deemed to be closed -
2152
fcj when the registered bareboat charterer ceases to be the bareboat charterer of the ship or is no longer qualified to own Brunei Darussalam ships; or fdJ on the ship being destroyed or lost, and the Registrar shall make an entry thereof in the register.
The reference in sub-regulation {2) to a bareboat charter ship being destroyed or lost includes it being destroyed or lost through demolition, fire, sinking and shipwreck.
Application of provisions of Order to registered bareboat charter ship.
{1)
The provisions relating to the property in a ship in Part II of the Order shall not apply to a registered bareboat charter ship.
{2)
No mortgages shall be recorded in the register of a bareboat charter ship.
As regards any matter in relation to a registered bareboat charter ship, a bareboat charterer, the register of bareboat charter ships, a certificate of registry or a provisional certificate of registry for which no special provision has been made by these Regulations, the provisions of the Order or any regulations made thereunder as are applicable in respect of any such matter in relation to a Brunei
Darussalam ship, its owner, the register of Brunei Darussalam ships or a certificate of registry of a Brunei Darussalam ship shall, with the necessary modifications, apply.
Bareboat Charter Out.
{1)
A Brunei Darussalam ship may be chartered out on bareboat charter terms and registered outside Brunei Darussalam in the name of the bareboat charterer, and its registry as a Brunei Darussalam ship may be suspended during the charter period.
An application for the suspension of the registry of a Brunei Darussalam ship shall be made in such form and manner as the Registrar may determine by the owner or by some other person on his behalf and submitted together with -
fa} a certified copy of the charter party showing -
the name of the ship;
2153
the charter period;
{b)
a certified transcript of the register or similar document showing the bareboat charter registry of the ship; and
{c)
the Brunei Darussalam certificate of registry of the ship.
The Registrar may, if satisfied of the matters mentioned in sub-regulation (2) and upon payment of the prescribed fee, enter in the register -
.
{a) the date of the suspension of the registry of the ship in Brunei
Darussalam;
{b)
the name of the bareboat charterer;
{c)
the port and country of registry of the ship in the name of the bareboat charterer;
{d)
the date of termination of the suspension referred to in paragraph fa); and
{e)
such other details as the Registrar considers necessary.
The Registrar may, upon application by the owner of the ship, allow the documents specified in paragraphs {b) and {c) of sub-regulation (2) to be submitted within a period not exceeding 60 days from the date of suspension of the registry of the ship in Brunei Darussalam.
Registrar under sub-regulation (4), the suspension shall be terminated and cease to have effect and the Registrar shall make an entry thereof in the register.
Extension of expiry date of suspension of Brunei Darussalam registry.
( 1) The Registrar may extend the date of termination of the suspension of the registry of a Brunei Darussalam ship upon application made by the owner or by some other person on his behalf.
The application shall be in such form and manner as the Registrar may determine and shall be accompanied by such evidence of the extension or renewal of the charter party and the continued bareboat charter registry of the ship as the Registrar may require.
·
2154
Termination of suspension of Brunei Darussalam registry.
[1) The suspension of the registry of a Brunei Darussalam ship may be terminated upon application made by the owner or by some other person on his behalf.
The application shall be made in such form and manner as the Registrar may determine and shall be submitted together with a closure certificate or other similar document showing that the foreign registry of the ship is closed and such evidence of seaworthiness as the Registrar may require on the initial registry of the ship.
The Registrar may, if satisfied of the matters mentioned in sub-regulation (2) and upon payment of the prescribed fee, enter in the register the date of termination of the suspension and shall return the Brunei Darussalam certificate of registry of the ship to the owner of the ship.
The Registrar may provisionally terminate the suspension and allow, upon application by the owner, the closure certificate or other similar document specified in sub-regulation (2) to be submitted within a period not exceeding 60 days from the date of the provisional termination of the suspension.
[5) If the document is not submitted within the period allowed by the
Registrar under sub-regulation (4), the provisional termination of the suspension shall cease to have effect and the Registrar shall make an entry thereof in the register.
Where the provisional termination of the suspension ceases to have
• effect under sub-regulation (5), the Registrar shall proceed as if no application for the termination of the suspension of the registry of the ship had been made.
Where no application for termination of suspension of Brunei Darussalam registry is made.
Brunei Darussalam ship or to extend the date of termination of the suspension within 60 days of the date of termination of the suspension recorded in the register, the registry of the ship shall be deemed to be closed except in relation to
· any unsatisfied mortgages entered therein and the Registrar shall make an entry thereof in the register.
2155
Order and regulations not to apply to ship when Brunei Darussalam registry suspended.
During the period of suspension of the registry of a Brunei Darussalam ship, the provisions of the Order and any regulations made thereunder shall cease to apply to the ship, except -
Part II of the Order;
{b) the provisions relating to the ship's register; and
Payment of annual tonnage tax.
Registers kept in accordance with Part II of the Order or these Regulations may consist of paper or computerised records or both or such other records as the
Registrar may consider to be expedient.
Fees.
2156
Forms.
2157
send a copy of the demand for payment of the annual tonnage tax to any person appearing as a mortgagee in the ship's register at the address recorded therein; or
exempt any ship or person from any of the provisions of these
Regulations and may impose such conditions as he may consider to be expedient.
Issue of certificate of deletion.
Order or these Regulations, the Registrar shall issue to the owner a certificate of deletion in the prescribed form certifying that the ship's registry is closed and the date and reason of such closure.
Registers.
FIRST SCHEDULE
FEES
A. REGISTRY OF SHIPS
1.
Replacement of a certificate of registry 2.
Inspection of the ship's record in the register 3.
Copy of or extract from any entry in the register 4.
Certification of a copy of or extract from any entry in the register 5.
Issue of a certificate of deletion 6.
On a mortgage or transfer or transmission of mortgage according to the gross tonnage of the ship or shares (for example the mortgage of a 1/64
share in a ship of 6,400 tons is to be reckoned as the mortgage of 100 tons)
7.
Recording of a bill of sale 8.
Approval for change of ship's name
B. BAREBOAT CHARTER for the extension of registration 2.
Bareboat Charter Out -
{a)
for the suspension of Brunei Darussalam registry
{b)
for the extension of suspension of Brunei
Darussalam registry
{c)
for the termination of suspension of Brunei
Darussalam registry
C. MISCELLANEOUS
(regulation 38)
Fee
$40
$10
$10
$20
$20
$48 plus $1 per 100
tons or part thereof
$50
$20
$1,250
$1,250
$1,250
$1,250
Issue of a certified copy or amendment of any certificate,
$15
document or register book, not otherwise provided .
2158
SECOND SCHEDULE
FORMS
Merchant Shipping Order, 2002
{S 27/02)
{regulation 39)
APPLICATION FOR REGISTRATION AS A BRUNEI DARUSSALAM SHIP (1}
Marine Department
Official Number
Name of Ship (2)
Type of Ship
IMO Number (3)
Gross Tonnage
J Net Tonnage
Date keel laid
(4)
Name and address of shipyard where
Hull material
Length metres built
D Steel 0Aluminium
Breadth metres
Depth metres 0
~· .............................
(please specify)
Country of previous
Name of Previous Owner (5]
Previous name of ship registration
Number of engines
Name and Address of maker
Type
Number of shafts
D Diesel
Steam
(kw)
D
································
(please specify)
Year made
Make and Model of each engine
Estimated speed of ship
Number
Full Name
Address
Nationality/Place of of shares incorporation (6)
in ship owned (5)
Total number of shares (5)
Nature of interest (5):
Sole ownership I Joint ownership I Ownership in severality•
• Delete whichever is inapplicable.
FORM REGil 2159
Full Name
Address
Nationality
Date of charter party
Charter period
Preferred date of termination
I of Brunei Darussalam
I registration (11)
Full name{s)
Address ty
Status of declarant
Director of owning corporation I Secretary of owning corporation/ Individual I joint owner{s) I
Appointed Representative• {12)
I/We*, whose name{s) is/are• hereunto subscribed, hereby declare that:
i
And IIWe • make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act (Chapter 12).
Name(s) and signature(s) of declarant(s)
Date:
Indicate preferred date of registration (14):
• Delete whichever is inapplicable.
Declared before me at the Magistrates Court.
On: .................................................. .
(Signature): ...................................... .
(Name): ............................................ .
(Qualification) ................................... .
Indicate date for collection of certificate of registry:
2160
Explanatory Notes 2161
Merchant Shipping Order, 2002
CERTIFICATE OF BRUNEI DARUSSALAM REGISTRY
Marine Department
Official Number:
Name of Ship
' Description of Ship
IMONumber:
Port Number:
Registered Dimensions
Address of Builder :
Previous Registration
Length:
metres
Breadth:
metres
!
1 Depth:
metres I Date keel laid:
-----------
------------ ---------~------------------~
ENGINE PARI'ICULARS
Description of Engine
Address of Maker
Number of shafts:
Make and model lkw)
Estimated Speed:
!knots)
Number
-------------------~----------------------------
Year Made:
OWNER'S PARI'ICULARS of shares
Issued at Muara, Brunei Darussalam on ........................... .
0
Registrar of Bnmei Darussalam ships
Notice:
A Certificate of Brunei Darussalam Registry is not a document of title. It shall be used only for the lawful navigation of the ship and shall not be subject to detention by reason of any title, lien, charge or interest whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship.
FOR.MREG/2 2162
Marine Department
Official Number:
IMO Number:
Port Number:
Merchant Shipping Order, 2002
jS 27/02)
CERTIFICATE OF BRUNEI DARUSSALAM REGISTRY
Name of Ship
Description of Ship .
Registered Dimensions
Address of Builder:
Original Registration
Length:
metres
Breadth:
metres
• Depth:
metres
Date keel laid:
Description of Engine
Address of Maker
Number of shafts:
Make and model
{kw)
Number
Year Made:
Estimated Speed:
(knots)
CHARTERER'S/OWNER'S PARTICULARS
This Certificate of Registry is valid up to and inclusive of ................................... .
Issued at Muara, Brunei Darussalam on
Registrar of Brunei Darussalam ships
Notice:
A Certificate of Brunei Darussalam Registry is not a document of title. It shall be used only for the lawful navigation of the ship and shall not be subject to detention by reason of any title, lien, charge or interest whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship.
FORMREGIZA
2163
Marine Department
Official Number:
IMO Number:
Port Number:
Merchant Shipping Order, 2002
IS 27/02)
PROVISIONAL CERTIFICATE OF BRUNEI DARUSSALAM REGISTRY
I Name of Ship
Description of Ship
Registered Dimensions
Address of Builder:
Previous Registration
• Length:
metres
~<oodth metres
Depth:
metres
Date keel laid:
Description of Engine
Address of Maker
Number of shafts:
Make and model
{kw)
Number
Year Made:
Estimated Speed:
{knots)
OWNER'S PARTICULARS
This Provisional Certificate of Registry is valid up to and inclusive of ................................. ..
0
Issued at Muara, Brunei Darussalam on ........................................... .
Registrar of Brunei Darussalam ships
Notice:
A Provisional Certificate of Brunei Darussalam Registry is not a document of title. It shall be used only for the lawful navigation of the ship and shall not be subject to detention by reason of any title, Hen, charge or interest whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship.
FORM REG/2B
2164
Marine Department
Official Number:
IMONumber:
Port Number:
Merchant Shipping Order, 2002
PROVISIONAL CERTIFICATE OF BRUNEI DARUSSALAM REGISTRY
SffiP'S PARTICULARS
Name of Ship i Description of Ship
Registered Dimensions
Address of Builder:
Original Registration
Length:
metres
Breadth:
metres
Depth:
metres
Date keel laid:
Description of Engine
Address of Maker
Number of shafts:
Make and model
(kwl
Number
Year Made:
Estimated Speed:
(knots)
CHARTERER'S/OWNER'S PARTICULARS
Name and Address of Bareboat Charterer
Name and Address of Owner
This Provisional Certificate of Registry is valid up to and inclusive of ................................. ..
• Issued at Muara, Brunei Darussalam on ........................................................ . 0
Registrar of Brunei Darussalam ships
Notice:
A Provisional Certificate of Brunei Darussalam Registry is not a document of title. It shall be used only for the lawful navigation of the ship and shall not be subject to detention by reason of any title, lien, charge or interest whatsoever had or claimed by any owner, mortgagee or other person to, on or in the ship.
FORMREG/ZC
2165
Marine Department
Offi.cial Number
Merchant Shipping Order, 2002
(S 27/02}
BILL OF SALE
SffiP'S PARTICULARS
Name of Ship
Port Number
Registered Length
Registered Breadth
Registered Depth metres
Description of Ship
TRANSFERORffRANSFEREE
I Full Name and Address of Registered
Full Name and Address of Purchaser(s)/Transferee(s)
1 Owner(s)/Thansferor(s)
I Amount Paid/Consideration
Nationality or Country of
Brunei Darussalam
Permanent Resident:
{kw)
1
Incorporation i
Y"/No/Not opplioohl•'
Details of Encumbrance(s)
I Total Number of Shares in i Number of Shares the Ship
I Thansferred
I/We*, the transferor(s), in consideration of the amount shown above paid to me/us• by the transferee(s) and the receipt whereof is hereby acknowledged, transfer the number of share(s) shown above in the described ship to the transferee(s).
Further, for myself/ourselves• and my/our• successors Ilwe• covenant with the transferee(s) and his/
her/their* assigns, that I/we• have power to transfer the abovementioned share(s) and that the same is/
are • free of encumbrances except as shown above.
For use by individual(s)/joint transferors
In witness thereof llwe• have hereunto subscribed my/our•
name(s)
and affixed my/our• seal(s) on ................... .
in the presence of:
Signature(s) of
Transferor(s)
Signature(s) and
Name{s)
of Witness(es)
• Delete whichever is inapplicable.
For use by body corporate transferor(s)
In witness whereof we have affi.xed our common seal on . . . . . . . . . . . .. in the presence of:
Director
Director/Secretary•
2166
18th. MAy I 2006
Please read the explanatory notes overleaf carefully as they contain important information.
For Official Use
!
Registration of Bill of Sale
Bill of Sale Recorded:
On ................................... ..
Ship Registered as a Brunei Darussalam
At ........................... am/pm.
Ship on ..........................•.....................
Registrar of Brunei Darussalam ships
Registrar of Brunei Darussalam ships
FORMREG/3 2167
Explanatory Notes
Brunei Darussalam or a body corporate incorporated in Brunei Darussalam) must be made in this form.
failing which the ship's registry will be closed by operation of the law. An application to close the ship's registry may be made by the registered owner or the transferee.
Darussalam ship's register, except for clerical or obvious mistakes, may not be corrected without an order of the High Court.
2168
18th. MAy I 2006
Marine Department
Official Number
Merchant Shipping Order, 2002
MORTGAGE (TO SECURE PRINCIPAL SUM AND INTEREST)
(Body Corporate)
Name of Ship
Port Number
Registered Length metres
Description of Ship
Registered Breadth metres
Registered Depth metres
(kw)
We (a) ............................................................................................................. in consideration of ................................................................................................. ($
I this day lent to us by
....................................................................................................................... assigns the said sum of
...................................................................... together with interest thereon at the rate of ............ .
per cent per annum on the (d) ............... day of .................................................... next; and secondly, that if the said principal sum is not paid on the said day, we or our successors.will, during such time as the same or any part thereof remains unpaid, pay to the said (f) .......................................................... .
or (c) ................................ assigns, interest on the whole or such part thereof as may for the time being remain unpaid, at the rate ................. per cent per annum, by equal half-yearly payments on the
.................................. day of ...................................... and .................... day of ............................... ..
in every year; and for better securing to the said (fJ .................................................................. the repayment in the manner aforesaid of the principal sum and interest we hereby mortgage to the said
. . . . . . . . .. . . . . . .. . . . . .. . . . . . .. . . . . assigns that we have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from encumbrances (e) ................................................. .
In witness whereof we have hereunto affixed our common seal this ........... day of ......................... two
• thousand and ............................................. .
The Common Seal of the .................................................................... .
was affixed hereunto in the presence of (g) ......................................... . c 2169
Notes:
2.
Registered Owners and Mortgagees are reminded of the importance of keeping the
Registrar of Brunei Darussalam ships informed of any change of residence on their part.
! For Official Use
REGISTRATION OF MORTGAGE .............................
DISCHARGE OF MORTGAGE ............... ..
Recorded at the Registry of Ships, Muara on ...........
Entered on ................ at .............. am/pm at ................... am/pm
Registrar of Brunei Darussalam ships
Registrar of Brunei Darussalam ships
FORMREG/4 2170
Marine Department
Merchant Shipping Order, 2002
MORTGAGE (TO SECURE PRINCIPAL SUM AND INTEREST)
(Individual or Joint Owners)
of Ship
Port Number
Registered Length metres
Description of Ship
Registered Breadth metres
Registered Depth metres
(kw)
in consideration of ................................................................................ ($
) this day lent to (c)
.... ... .... ........................ by (d) .. .................. .... .. .................... .... .. .... .. .......... ...... do hereby for (e)
.............. and ({} .................... heirs covenant with the said (k} ............................................ ftrstly that
(a} .. .. .. .. .... .. . or ((} .. .. .. . . .... .. .... .. .. .... .. .. . heirs, executors or administrators, will pay to the said (kf
................................................. the said sum of .......................................................... together with interest thereon at the rate of ................ per cent per annum on the (g) ................................ day of
..................................... next; and secondly, that if the said principal sum is not paid on the said day
(af ....................... or ((} ........................ heirs, executors or administrators will, during such time as the same or any part thereof remains unpaid, pay the said (k} ........................ , .................................. ..
interest on the whole or such part thereof as may for the time being remain unpaid, at the rate of
...................... per cent per annum, by equal half-yearly payments on the ......................... day of
............................. and ............................ day of ................... in every year; and for better securing to the said (k} .... .. . .... .. .. ................. ..... ... .. .. .. .. . the repayment in the manner aforesaid of the said principal sum and interest (a} .... . ...... .. .............. ......... ..... hereby mortgage to the said (k}
.................................. shares, of which (h} ......................................... the Owner(sl in the Ship above particularly described, and in her boats, guns, ammunition, small arms and appurtenances. Lastly (a}
............................ for (e} ........................... and (fJ ....................... heirs, covenant with the said (k}
....... .......... ...... .. .. ................ ... .. .. ............ ... ........... and assigns that (a} .. ........ ................. ...... .. . have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from encumbrances (i} ................................................................................................ .
In witness whereof (a} ..................... have hereto subscribed ((} ........................... name{s) and afftxed
(f} ......................................................... seal(s) this ..................... day of ..................... two thousand and .................................................... ..
Executed by the abovenamed .................................................................................. in the presence of
(jJ .......................................................... ..
Signature of Mortgagor 0
· (a} "I" or "we". (b) Full name and address with description of mortgagor(s). (c} "me" or "us". (d} Full name and address of mortgagee(s) with their description in the case of individuals and adding "as joint mortgagees" where such is the case. (e} "myself" or "ourselves".((} "my" or "our". (g} The day ftxed for payment of principal as above. (h) "I am" or "we are". (i} If prior encumbrance add, "save as appears by the Registry of the said ship". (jJ Names, addresses, descriptions and signatures of witnesses. (k} Full name of mortgagee.
2171
Notes:
2.
Registered Owners and Mortgagees are reminded of the importance of keeping the ·
Registrar of Brunei Darussalam ships informed of any change of residence on their part.
For Official Use
REGISTRATION OF MORTGAGE ........... .
DISCHARGE OF MORTGAGE ............. ..
Recorded at the Registry of Ships, Muara on ......... ..
Entered on ................ at .............. am/pm at ................... am/pm
Registrar of Brunei Darussalam ships
Registrar of Brunei Darussalam ships
FORM REG/4A
2172
Marine Department
Official Number
Merchant Shipping Order, 2002
(S 27/02}
MORTGAGE {TO SECURE ACCOUNT CURRENT ETC.)
{Body Corporate)
Name of Ship
Port Number
'
Registered Length metres
Description of Ship
Registered Breadth metres
Registered Depth metres
(kw)
Whereas {a) ....................................................................................................................................... .
I !
'
Now we the {b) ............................................................. in consideration of the premises for ourselves and our successors, covenant with the said {c) ................................................................................... .
and {d} ..................... assigns, to pay to him or them or it the sums for the time being due on this security, whether by way of principal or interest, at the times and manner pforesaid. And for the purpose of better securing to the said {c) ................................................................. the payment of such sums as last aforesaid, we do hereby mortgage to the said {c) ................................................... ..
shares, of which we are the Owners in the Ship above particularly described, and in her boats, guns, ammunition, small arms and appurtenances. Lastly, we for ourselves and our successors, covenant with the said {c) ................................................................................... and {d) ................. assigns that we have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from encumbrances {e) .................................. .
In witness whereof we have hereto affixed our common seal this ........................ day of ................ .
two thousand and ..................................................... ..
The Common Seal of ............................................................... was affixed hereunto in the presence of
(f} .................................................................... ..
0
{a) State by way of recital that there is an account current between the mortgagor (describing the company and giving its address), and the mortgagee (giving address and description if the mortgagee is a body corporate, the full title and address must be given, and if joint mortgagees are concerned they must be so described), and describe the nature of the transaction so as to show how lhe amount of principal and interest due at any given time is to be ascertained, and the manner and time of payment. {b/ Name of company. {c} Full name of mortgagee. {d} "his", "their" or "its". (e} If any prior encumbrance add, "save as appears by the Registry of the said ship". {f/ Signatures and descriptions of witnesses (eg. director, secretary etc., as the case may be).
2173
Notes:
1. The prompt registration of a Mortgage Deed at the Port of Registry of the Ship is essential to the security of the Mortgagee, as a Mortgage takes its priority from the date of production for registration, not from the date of the instrument.
2.
Registered Owners and Mortgagees are reminded of the importance of keeping the ·
Registrar of Brunei Darussalam ships informed of any change of residence on their part.
For Official Use
REGISTRATION OF MORTGAGE ......................... .
DISCHARGE OF MORTGAGE .............. .
Recorded at the Registry of Ships, Muara on .......... .
Entered on ................ at .............. am/pm at ................... am/pm
Registrar of Brunei Darussalam ships
Registrar of Brunei Darussalam ships
FORM REG/4B
2174
Marine Department
Offtcial Number
Merchant Shipping Order, 2002
MORTGAGE (TO SECURE ACCOUNT CURRENT ETC.)
(Individuals or Joint Owners)
i i Name of Ship
Port Number
Registered Length metres
Description of Ship
Registered Breadth metres
Registered Depth metres
(kw)
Whereas {a) ....................................................................................................................................... .
Now (b) ..................... the undersigned (h) .......................................... in consideration of the premises for (c) .............................................. and {d) .................................. heirs, convenant with the said (i) ................................................... and {e) ............................... assigns, to pay to him or them or it the sums for the time being due on this security, whether by way of principal or interest, at the times and manner aforesaid. And for the purpose of better se9uring to the said {i}
................................................ the payment of such sums as last aforesaid, (b) ................................. .
do hereby mortgage to the said {i} .................................................................. shares, of which ({}
........................................... the Owner(s) in the Ship above particularly described, and in her boats, guns, ammunition, small arms and appurtenances. Lastly, {b) .......................... for (c} ...................... .
and (d} ........................................ heirs, convenant with the sald (i} ........................................ and (e)
............................ assigns that fb} ...................................................... have power to mortgage in manner aforesaid the above-mentioned shares, and that the same are free from encumbrances {g}
In witness whereof fb} ................................. have hereto subscribed (d) ........................ name(s) and affixed fd} ....................... seal(s) this ....................... day of ....................... two thousand and
Executed by the abovenamed .................................................................................. in the presence of
• {j} ............................................................ .
Signature of Mortgagor 0
{a} State by way of recital that there is an account current between the mortgagor (giving his address and description and if joint owners are concerned, describing, them as such), and the mortgagee
(giving and description) - if the mortgagee is a body corporate, the full title and address must be
· given, and if joint mortgagees are concerned they must be so described), and describe the nature of the transaction so as to show how the amount of principal and interest due at any given time is to be ascertained, and the manner and time of payment. fb} "I" or "we". {c) "Myself" or "ourselves". {d) "My"
or "our". {e} "His" or "their". {fJ "I am" or "we are". {g} if any prior encumbrance add, "save as appears by the Registry of the said ship". {h} Full name of mortgagor. {i) Full name of mortgagee. {j) Names, addresses, descriptions and signatures of witnesses.
2175
Notes:
1.
The prompt registration of a Mortgage Deed at the Port of Registry of the Ship is essential to the security of the Mortgagee, as a Mortgage takes its priority from the date of production for registration, not from the date of the instrument.
2.
Registered Owners and Mortgagees are reminded of the importance of keeping the
Registrar of Brunei Darussalam ships informed of any change of residence on their part.
For Official Use
REGISTRATION OF MORTGAGE ......................... .
DISCHARGE OF MORTGAGE .............. .
Recorded at the Registry of Ships, Muara on ......... ..
Entered on ................ at .............. am/pm
. at ................... amlpm
Registrar of Brunei Darussalam ships
Registrar of Brunei Darussalam ships
FORM REG/4C
2176
FORMREGI4D
TRANSFER OF MORTGAGE (By individual or joint mortgagees)
(a} ............................. the within-mentioned .................................................................................... .
in consideration of ............................................................................................................................. .
this day pay to (b) ................................................ by ....................................................................... .
hereby transfer to ........................................................................................................................... .
............................................. the benefit of the within-written security. In witness whereof {a/
.................................................. have hereunto subscribed (d) .................................... name(s) and affixed {d/ ................ seal(sl ......................... this ...................... day of ......................... two thousand and ............................................................................ .
Executed by the abovenamed .............................. .
in the presence of {e) .................................................. .
Signature of Transferor(sj
TRANSFER OF MORTGAGE (By body corporate)
The within-mentioned ....................................................................................................................... .
in consideration of ............................................................................................................................. .
this day paid to it by .......................................................................................................................... .
hereby transfer to (c/ ............................ the benefit of the within-written security. In witness whereof we have hereunto affixed our common seal this . .. . .. .. .. .. .. .. .. .. .. day of .......................................... ..
two thousand and ................................. ..
was affixed in the presence of {f) ............................. ..
0
The common seal of the ......................................... ..
FORMRHGI4H
MEMORANDUM OF DISCHARGE (By individual or joint mortgagees)
Received the sum of .......................................................................................................................... .
in discharge of this within-written security. Dated at .......................................................................... .
this ...................... day of ........................... two thousand and ........................................................... .
Executed in the presence of (e) ........................................ .
Signature of Mortgagee(s}
2177
MEMORANDUM OF DISCHARGE !By body corporate)
Received the sum of ................................................................................................. in discharge of the within-written security. In witness whereof we have hereunto affixed our common seal this
................................................. day of .......................................... two thousand and .................... at
The common seal of the ............................................................ . 0
was affixed in the presence of {(/ ............................................... ..
(a} "I" or "we". (b) "me" or "us". (c) "him", "them" or "it". {d/ "my" or "our". {e! Name, address, description and signature of witness. {f) Signatures and description of witnesses leg. director, secretary etc., as the case may be).
2178
Marine Department
SECOND SCHEDULE continued
Merchant Shipping Order, 2002
APPOINTMENT OF REPRESENTATIVE PERSON) 111
SHIP AND OWNER/BAREBOAT CHARTERER
PARTICULARS OF REPRESENTATIVE PERSON
Full Name of Representative Person 121
Address 131
Tel.:
Fax:
Full Name of Person 141
Status in Company 141
CONFIRMATION BY REPRESENTATIVE PERSON
I hereby confirm my appointment as a Representative Person of the above ship and my particulars as given above are correct.
Full Name
Signature
Date
CERTIFICATION BY OWNER/BAREBOAT CHARTERER
• I hereby certify that :
1. I am a director/the secretary• of the owning/bareboat chartering• company;l61
2. the representative person of the above ship is as given above; and
3. the particulars given above are correct.
Full Name
Signature
Date
. • Delete whichever is inapplicable.
2179
1.
Explanatory Notes
This form is to be completed and submitted to the Registrar of Brunei Darussalam ships when applying to register a ship. Owner/bareboat charterer shall notify the-Registrar of any change of identity and address of the Representative Person within 30 days and failure to do so is an offence.
2. The Representative Person may be a company engaging in the business of managing or acting as agents for ships or an individual. An owner may appoint himself as the representative person. A company appointed as Representative Person shall inform the Registrar in the event that it ceases in the business of managing or acting as agent for ships. Failure to do so is an offence.
3. The Representative Person must be resident in Brunei Darussalam and is responsible for the operations of the ship (in particular, for all matters related to the crew, safety and environmental protection). All communications relating to the ship will be directed to the Representative Person including to accept service of all documents in respect of legal proceedings against the owner/bareboat charterer.
4. If the Representative Person is a company, the name and status or title of the person in the company with the ultimate responsibility for the ship must be given.
5. The confirmation must be made by the person appointed as Representative Person.
6. Delete this statement if the owner of the ship is an individual.
FORMREG/5 2180
Marine Department
SECOND SCHEDULE-continued
Merchant Shipping Order, 2002
APPOINTMENT OF AGENT
OWNER
I/We• hereby authorise the following agent to make and sign declarations and other documents for and on behalf of myself/the said company• as required under the provisions of the Merchant Shipping
Order, 2002 (S 27/02).
PARTICULARS OF AGENT
Full Name of Agent
Identity Card & Colour/Passport No. •
Address
For use by individual(s}/joint owners
For use by body corporate owner(s}
In witness whereof I/we• have here-In witness whereof we have affixed unto subscribed my/our• name[s} and our common seal on ...................... G affixed my/our• seal(s} on ............. in the presence of:
in the presence of:
.....................................................
...........................
Signature of
Signature(s} and ....................................................
Transferor[s}
Name(s} of
Director/Secretary •
Witness(es)
• Delete whichever is inapplicable.
2181
1.
Explanatory Notes
An individual owner may appoint an agent to make and sign the declaration of ownership for the registration of a ship as a Brunei Darussalam ship.
2. A corporate owner must appoint an agent if the declaration of ownership is not made and signed by a director or secretary of the corporation.
3. The appointed agent must be an individual of legal age.
FORM REG/6 2182
Marine Department
Official Number
IMONumber:
Merchant Shipping Order, 2002
IS 27/021
CERTIFICATE OF DELETION
Name of Ship
Registered Length metres
Registered Breadth metres
Registered Depth metres
Number, Year and Port of
Registry
Description of Ship
[kwl
THIS IS TO CERTIFY that the abovenamed ship's registry is closed on ............................................... .
upon:
II
D its sale to .................................................................................................................................... .
D its contravention of section[s) ....................... of the Merchant Shipping Order, 2002 [S 27/021 0
its contravention of the International Convention on .................................................. of which is applicable to Brunei Darussalam.
D its status which is not in the public interest to continue to be registered as a Brunei Darussalam ship.
The ship is free from any registered encumbrances.
Issued at Muara, Brunei Darussalam on ....................... day of ................. 20 ..... .
Registrar of Brunei Darussalam ships
(\
u
FORM REG/7
Made this 13th. day of Rabiulakhir, 1427 Hijriah corresponding to the 11th. day of May, 2006.
2183
PERIN ORANG KAYA SERI KERNA DATO SERI SETIA
HAJI AWANG ABU BAKAR BIN HAJI APONG
Minister of Communications,
Brunei Darussalam.
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