Ship Register

Ship Registration: Legal Basis, Conditions and Procedure

In maritime trade , the ship registry is the fundamental registration system that determines the ownership, legal status, and rights of ships. In Turkish law, ship registration is carried out through both the national ship registry and private registries , and is subject to the provisions of the Turkish Commercial Code (Articles 941 et seq.) and the Ship Registry Regulation .

1. Legal Significance of Ship Registration in the Registry

Registration in the ship registry, for the ship:

• the right to fly the Turkish flag .

• It enables the assertion of property rights and limited real rights (mortgage, pledge, etc.) against third parties

• It formalizes legal procedures to be carried out on board the ship.

An unregistered vessel is subject to numerous restrictions in national and international maritime activities.

2. Ships Permitted for Registration

According to the Turkish Commercial Code and the Ship Registry Regulation, vessels are eligible for registration :

1. Ships entitled to fly the Turkish flag

   • The fact that Maliki is a Turkish citizen,

   • In legal entities, the majority of the governing body must be Turkish citizens.

2. Completed or under construction ships

   • A "ships under construction register" can be maintained for ships under construction.

3. Merchant ships 18 meters and longer

   • Registration is mandatory for these vessels.

4. Smaller ships and boats

   • It can be registered in the registry optionally.

5. Foreign ships

   • In accordance with Turkish maritime legislation, it can be registered with a "designated" or "temporary" registration.

3. Ships That Cannot Be Registered

The following vessels are not eligible for registration:

• Foreign vessels not entitled to fly a flag (with exceptions)

• Incomplete vessels that do not meet the technical requirements for registration

• Ships whose ownership and owner information is legally unclear

• Vessels that have been banned from registration by the flag state (those on the blacklist)

4. Registry Offices Authorized to Register

Ships are registered with the Port Authorities under the Ministry of Transport and Infrastructure . Each port authority acts as the Ship Registry Directorate within its own jurisdiction . The main registration authorities in Turkey are:

• Istanbul Port Authority

• Izmir Port Authority

• Mersin Port Authority

• Trabzon Port Authority

• Samsun Port Authority

• Regional port authorities such as Bodrum, Marmaris, and Fethiye

5. Registration Procedure

The registration process consists of the following steps: application – review – registration – document issuance .

5.1. Required Documents

• Registration application form

• Documents proving ship ownership (sales contract, construction contract, etc.)

• Tonnage certificate (tonnage certificate)

• Flag raising certificate (showing eligibility)

• Identity or business registry documents

• Mortgage or pledge documents (if any)

• IMO number (if any)

5.2. Process

1. Application: Submitted to the competent port authority.

2. Document Review: Legal and technical compliance is checked.

3. Registration Process: Ship information, owner, and property rights are recorded in the register.

4. Issuance of Registration Certificate: The vessel is given an official registration number and registration certificate.

5. Flag Flying Right: Once registration is complete, the vessel may fly the Turkish flag.

6. Rights and Obligations After Registration

Registering a ship is not limited to simply creating an official record . Registration creates both legal rights and mandatory obligations for the ship owner, operator, and other rights holders. Failure to fulfill these obligations may render the registry outdated and result in the loss of certain rights.

6.1. Rights Arising from Registration

6.1.1. Proof of Ownership

• The person listed as owner on the registration certificate is considered the legal owner of the vessel.

• This registration is the strongest proof of ownership against third parties

• Especially in ship sales, the registration record provides assurance to the buyer.

6.1.2. Registration and Protection of Real Rights

• established on a ship mortgages, pledges, and liens, can only be asserted against third parties after being registered in the registry.

• Rights not registered in the registry may be void against bona fide third parties

6.1.3. Right to Fly the Turkish Flag

• Ships registered in the national ship registry to fly the Turkish flag .

• This right provides numerous commercial advantages, including cabotage privileges

6.1.4. Financing and Insurance Facilities

• Banks and financial institutions only provide loans to registered vessels against a ship mortgage

• Insurance companies insure officially registered ships at lower premiums.

6.2. Obligations Arising from Registration

6.2.1. Keeping Registry Records Up-to-Date

• All legal transactions, such as ship sales, changes of ownership, establishment or cancellation of mortgages, and changes of flag, must be immediately recorded in the registry.

• If these updates are not made, the most up-to-date registry record will be used as the basis for legal disputes, which may lead to loss of rights.

6.2.2. Seaworthiness Obligation

• Registered vessels a Certificate of Seaworthiness .

• This document must be renewed during periodic inspections; otherwise, the vessel may be prohibited from sailing.

6.2.3. Protection of Flag Rights

• The vessel must continuously meet the legal and technical requirements necessary for the right to fly the Turkish flag

• A change in ownership or company structure may affect the right to list flags.

6.2.4. Tax and Fee Obligations

• Vessels registered in the registry are subject to certain tax and fee obligations (e.g., stamp duty, registration fee).

• Failure to fulfill these obligations may result in the suspension of registration procedures.

6.2.5. Port Authority Notifications

• If a vessel is to be held for an extended period outside of its voyage or if its operations are to be suspended, this must be reported to the Port Authority.

• A similar notification will be given when the activity resumes.

6.3. Problems Encountered in Practice

• • Post-Sale Registration Update: If a vessel has been sold but the previous owner is still listed as the owner in the registry, the buyer may experience difficulties with financing or insurance procedures.

  • Failure to Remove Mortgage Registration: If the mortgage is not removed from the registry even after the debt has been paid, the possibility of selling the vessel or obtaining new loans will be restricted.

  • Loss of Flag Rights: When the company structure changes and the majority of management passes to foreigners, the right to fly the Turkish flag may automatically be lost.

7. Conclusion

Ship registration is not only a legal requirement, but also a fundamental pillar of commercial reliability and maritime operations.
Correct registration:

• Protection of property,

• Winning the right to the flag,

• International recognition,

• financing and insurance options
  .

Failure to fulfill the registration obligation results in serious legal and commercial consequences.

Gozdenur Turna