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ARTICLE · 07 AUGUST 2018

The Ship Mortgage – Malta Chapter

A Q&A based overview of ship mortgages in Malta.

MaltaTransport

1. FORM AND CONTENTS

1.1 Does the legal system in Malta prescribe a set form of mortgage?

The Merchant Shipping Act provides for a statutory form of mortgage. There is only one form which has to be used for all types of mortgage.

1.2 If not, does the legal system in Malta lay down any specific requirements as to the content of mortgages to ensure either their validity or their priority?

Not applicable.

1.3 Must mortgages for registration in Malta be in any particular language?

The mortgage must be in English or Maltese.

1.4 What are the requirements of the legal system in Malta with regard to:

1.4.1 Execution of the mortgage by the mortgagor?

The mortgagor is usually a company and so the person signing must have authority to do so by virtue of the memorandum and articles of association of the company or by virtue of resolutions of the board of directors or by virtue of a power of attorney issued in pursuance to the resolutions or the memorandum of

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