1. General Information

Provision
The law governing ship registration in Malaysia is the Merchant Shipping Ordinance 1952, Part IIA which was extended to Sabah and Sarawak on 1st June 1991.

Ship Registration Requirement

Requirements for the ship registration as follows :

1. Application Letter

2. Name of ship approved by the Registrar General of Ships.

3. Ship measured in accordance to the MSO 1952

4. Owners produce satisfactory evidence of the title to ownership

5. Vessel’s official number, call sign/signal letters and Port of Registry will be allocated to the ship and must be carved and marked in accordance to the MSO 1952.

Port of Registry
The Ports of Registry in Malaysia are :

1. Penang
2. Port Kelang
3. Kota Kinabalu
4. Kuching

Exemption from Registry
The following ships are exempted from registration as follows :

1. Any ship no exceeding 15 tons net used for navigation on the rivers and coastal waters of Malaysia
2. Any vessel licensed under section 475 of this Ordinance
3. Any local fishing vessel not exceeding 500 GT where such vessel is licensed under any written law relating to fisheries.

1. Incorporated in Malaysia
2. Principal office of the corporation is in Malaysia
3. Management of the corporation
is mainly in Malaysia
4. Majority of the directors and shareholding (including voting share) of the corporation is held by Malaysian free from any trust or obligation

Majority in this instance means 51% subject to such changes by the Minister.

Vessel Age and Survey Requirements
There is no restriction of the age of the vessel for registration. However, ship more than 20 year old is required to perform docking survey witness by and full report

Survey of ships are conducted by the Surveyor of Ship working under the direction of the Surveyor-General who may designate authorised classification society to survey the ship on his behalf.

Mortgage
There are two types of mortgage forms for registration of the mortgage, that is Mortgage to secure Principal Sum and Interest and Mortgage to Secure Account Current, & C.

The form with supporting documents as evidence of the mortgage debt and registration fee must be forwarded to the relevant Registrar. The Registrar will enter in the Registry of Ships and return the Mortgage form stating the date the mortgage was registered.

A mortgage on a ship may be recorded in the register as soon as the ship is registered upon presentation of the instrument of mortgage.

A mortgage on a ship may be recorded in the register as soon as the ship is registered upon presentation of the instrument of mortgage.

1. Document of title of ownership
2. A letter of confirmation from the previous port of registry that the vessel is free from any encumbrances

Authorised Classification Societies
The following Classification Societies have been authorised to act on behalf of the Malaysia Government for the surveys and certifications :

1. American Bureau of Shipping (ABS)
2. Bureau Veritas (BV)
3. Det Norske Veritas (DNV)
4. Germanischer Lloyd (GL)
5. Lloyd's Register of Shipping (LRS)
6. Nippon Kaiji Kyokai (NKK)
7. Ship Classification Malaysia (SCM)

Contacts

Registrar of Ships

Fees Schedule
The Fees Schedule are as follows:

Initial Registration

o Vessels up to 50 tons gross RM 10.00
o Vessels over 50 to 100 tons RM 15.00
o Vessels over 100 to 200 tons RM 20.00

Transfer and Mortgage
On transfer, transmission, registry a new, transfer of registry, mortgage and transfer of mortgage:

According to the gross tonnage represented by the ships or shares of ships transferred etc. (eg transfer of 1/64 share in a ship of 6,400 tons to be reckoned as the transfer of 100 tons) -

o under 10 tons - RM 1.00
o 10 tons and under 20 tons - RM 2.00
o 20 tons and under 30 tons - RM 4.00
o 30 tons and under 40 tons - RM 5.00
o 40 tons and under 50 tons - RM 6.00
o 50 tons and under 75 tons - RM 7.00
o 75 tons and under 100 tons - RM 9.00
o 100 tons and under 125 tons - RM 10.00

and a further fee of RM 1.00 for every additional 50 tons, or part of 50 tons.

Incorporation of Companies
The registration fee, which is in addition to document filing fee, depends on the amount of authorised share capital of the proposed company.

? less than RM 100,000 - RM 1,000.00

? RM 100,000 - RM 500,000 -RM 3,000.00

? RM 500,000 - RM 1,000,000 - RM 5,000.00

? RM 1,000,000 - RM 5,000,000 - RM 8,000.00

? RM 5,000,000 - RM 10,000,000 -RM 10,000.00

? RM 10,000,000 - RM 25,000,000 - RM 20,000.00

? RM 25,000,000 - RM 50,000,000 - RM 40,000.00

? RM 50,000,000 - RM 100,000,000 - RM 50,000.00

? RM 100,000,000 above - RM 70,000.00

Miscellaneous
Bill of Sale (if made in the Port Office) - RM 10.00 For every certified copy of documents or extracts - RM 2.00 For every inspection of any record - RM 1.00

Certificate of Survey
Fees for the issuance of the Certificate of Survey.

1. The following fees are charged for the issuance of a Certificate of Survey:
i) Issuance of Certificate of Survey and amendment - RM 100.00
ii) Inspection of the carving and marking - RM 30.00
iii) Any other charges incurred directly by the Surveyor of Ships on inspection of the vessel including RM 230.00 per
day or part of the day if the inspection is conducted outside Malaysia or Singapore
2. The fees charged is as per The Merchant Shipping (Surveyors of Ships and Radio Surveyors)(Fees)Rules in force.

List of Ships Registration Forms

List of Checklist Documentation Form

2. Application for Vessel Name

An application in writing to Registrar of Ships to receive vessel's name approval:

1. Proposed name for a Malaysia vessel must be approved by the Registar General of Ships. Owners should apply for the vessel’s name at least 14 weeks in advance before the date at which the vessel is supposed to be registered.

2. Three (3) names can be submitted for approval. An approved name is valid for a period of twelve months.

3. Form Application for Name of Ship (M270/BKI/04 - Pin 1/99) to be used.

1. Appointment / Cancellation of an Authorised Officer (DK/BKI/02 - Pin 1/99)

2. Application for Reserve Prefix/Suffix Name of Ship (M270/BKI/05 - Pin 1/99)

Checklist Documentation Form : Ship Name Application Checklist

3. Provisional Registration Process

Vessels are generally first registered on a provisional basis by the Registrar of Ships or a Malaysian diplomatic or consular officer. The following documents must be presented for provisional registration of the vessel:

1. Form

o Application To Register A Ship form (M265/BKI/06 - Pin 1/99)
o Application for Allotment of an International Call Sign form (M253/BKI/07 - Pin 1/99)

o Form Declaration of Ownership and Nationality (M240/BKI/01 - Pin 1/99) to be used

o Memorandum as to registration of managing owners (DK/BKI/03 - Pin 1/99)

2. Certificate :

o Certificate of Approved Name

o Provisional Certificate of Survey (COS) issued by Ships Surveyor of Malaysia

3. Statutory declaration of ownership must include the following details -

o Name of the ship and its existing tonnage

o Statement of the date when and place where the vessel was built, or if the date and place of building are not known, a statement that the declarant does not know the date and place of the building of the ship

o Statement as to the owner of the ship and the citizenship of such owner, and if the vessel is owned by more than one person, the number of shares each is entitled

o Statement of the name of the master of the Vessel and his citizenship

o Statement that no other person (other than those declared) is entitled as owner of any legal or beneficial interest in the ship or any share thereof

o Except where the operator and the owner of the ship are the same person, the name and citizenship of the operator of the ship

o Declaration that the particulars stated in the form are true to the best of his knowledge and belief.

4. If individual - photocopy of citizen certificate

5. If corporation

o Certified true copy of Memorandum and Articles of Association and Certificate of Incorporation

o Certification under common seal that the majority shareholding including voting share of the corporation is held by Malaysian citizens free from trust or obligations in favor of non Malaysian

o Authority Form - appointing the public officer authorized to make declaration on behalf of the owner

6. If applicable during this stage, certification from Customs Department that import duty has been paid.

Upon due acceptance of the above documents by the registry, the Registrar will allocate an Official Number to the vessel.

Registration may take as quickly as seven (7) working days for issuance of Provisional Registry subject to complete document submitted. The certificate of Provisional Registry is valid for a maximum period of one year from the date of its issue. Checklist Documentation Form : Provisional / Permanent Ship Registry Checklist

4. Permanent Registration Process

Vessels are generally first registered on a provisional basis by the Registrar of Ships or a Malaysian diplomatic or consular officer. The following documents must be presented for provisional registration of the vessel:

1. Application Letter

2. Builder's Certificate or Deletion Certificate

3. Original Bill of Sale duly authenticated

4. Certified Ships Carving and Marking Note

5. Permanent Certificate of Survey (COS) issued by Ships Surveyor of Malaysia.

6. If applicable, certification from Customs Department that import duty has been paid.

Full Registration may take as quickly as seven (7) working days for issuance of Permanent Registry subject to complete document submitted.

5. Certificate of Survey

Procedure For The Application of Certificate of Survey

1. General

a) 'Certificate of Survey' is a certificate issued to the Registrar of Ship which contains the testimonials on the description of the vessel to be registered. It also act as a certificate of seaworthiness for the vessel from the Ships Surveyor to the Registrar of Ships.

b) A Certificate of Survey is issued on:

o First registry of the vessel
o After major modification conducted on the vessel which alter the vessel's shape, tonnage or any particulars of the vessel as specified in the Certificate of Registry.

2. Application of the Provisional Certificate of Survey

o Application letter
o A letter requesting the Department to authorise Classification Society of the Owner's choice to survey and issue the relevant statutory certificates and documents including the stability booklet (if applicable). Please indicate certificates required.
o Certificate of Approved Ship Name issued by Registrar of Ships
o Simplified notation of vessel particulars as follows :
o Type
o Gross Tonnage
o Net Tonnage
o Deadweight
o Year Built
o Place of Built
o Accommodation
o Number of crew
o Form Survey 118 - Certificate of Machinery Particulars
o The following plans of the vessel :
o General Arrangement Plan
? midship plan
? capacity plan(if tanker)
o Stability Booklet (existing vessel)
o A copy of statutory certificates issued under the previous registry including:

o Registry certificate

? Builder's certificate (if available)
? Provisional Tonnage certificate

After all documents have been received by the Ships Surveyor, the Surveyor shall vet through all the documents and issue the Provisional Certificate of Survey to the Registrar of Ships upon payment of the appropriate fees.

3. Application of the Permanent Certificate of Survey

o Application letter
o Brief vessel particulars as follows (for any amendment) :
o Type
o Gross Tonnage
o Net Tonnage
o Deadweight
o Year Built
o Place of Built
o Machinery (engine, auxiliary, kW shaft, etc)
o Accommodation
o Number of crew
o The following plans of the vessel:
o Stability Booklet (if new and after approved by Classification Society)
o A copy of statutory certificates issued by Classification Society certified by Marine Department:
o Builder Certificate (if new) o Full Term International Tonnage Convention 1969 certificate
o Declaration of carving and marking inspection conducted by Ships Surveyor.

After all documents have been received by the Ships Surveyor, the Surveyor shall vet through all the documents and conducting the inspection of the vessel to verify that all particulars is correct, in seaworthy condition and that all carving and marking have been properly made.

Permanent Certificate of Survey will be issued to the Registrar of Ships upon payment of the appropriate fees for any amendment from previous Provisional Certificate of Survey

The issuance of provisional and permanent COS may take as quickly as seven (7) working days subject to complete document submitted and fulfill survey requirement.

CARVING AND MARKING REQUIREMENT

1. Ship’s name should be permanently and conspicuously marked on each bow. The marking plainly cut in or centre punched or engender.

2. Ship’s name, Port of Registry and IMO number permanently and conspicuously marked on stern. The marking plainly either cut in or centre punched or engender.

3. Official Number, Net Tonnage and IMO number permanently and conspicuously marked.

o On the face of the main beam / In the pump room entrance / Aft side of engine room bulkhead.

o The marking plainly cut in / centre punched / engender.

o No other units or marking preceding the Official Number and Net Tonnage marking

O.N : XXXXXX
N.T : XX
IMO : XXXXXXX

o No other markings are to be included in the marking area other than those above specified.

4. All other marking of Ship Name and Port of Registry are to be replaced with the approved name and port of registry e.g. at lifebuoys, lifeboats, safety plans etc.

5. Cargo spaces to be permanently marked on outer surface of longitudinal coamings of cargo hatches, on covers or coamings of cargo tanks, at the entrance to other cargo compartments and in other places where readily visible.

6. Marking to be the letters CC, plainly cut in / welded / centre punched and painted white / yellow on dark background / black on white background.

7. Spaces other than cargo spaces are not required to be marked for 1969 tonnage.

8. IMO Number permanently and conspicuously marked apply to all self-propelled cargo ships 300 GRT and upwards and all passenger ships 100 GRT and upwards engaged on international voyages. The marking shall be in plain Roman capital letters / Arabic numerals not less than 200 mm in height.

9. In a visible place on the stern / side of the hull, amidships port and starboard, above the deepest assigned load line / side of the superstructure, port and starboard / on the front of the superstructure / in the case of passenger ships, on a horizontal surface visible from the air.

10. In the easily accessible place on one of the end transverse bulkheads of the machinery spaces / on one of the hatchways / in case of tankers, in the pump room / in the case of ships with ro-ro spaces, on one of the end transverse bulkheads of the ro-ro spaces.

11. The IMO Number preceded by the abbreviation “IMO” 12. The marking referred to paragraph above except in paragraph 8 shall be in plain Roman capital letters / Arabic numerals not less than 100 mm in height.