Bareboat Charter Registration in Malta

The registration of a bareboat charter in Malta is regulated by the Merchant Shipping Act (Cap. 234 of the Laws of Malta) and related subsidiary legislation. This framework allows vessels to be registered under the Maltese flag for the duration of the charter while remaining registered in another jurisdiction. The Merchant Shipping Act provides for both the bareboat charter registration of foreign yachts under the Malta flag and also for the bareboat charter registration of Maltese yachts under a foreign flag.

The Merchant Shipping Act provides for the dual registration of vessels under the bareboat charter regime, allowing vessels registered in a foreign jurisdiction to be temporarily registered under the Maltese flag without the need to delete the original registration.

A vessel may be registered under the Maltese bareboat charter registry if the following conditions are met:

1. The ship is bareboat chartered to persons qualified to own a Maltese ship;
2. The ship is not a Maltese ship, and is registered in a compatible registry;
3. The ship is not registered in another bareboat charter registry; and
4. A copy of the charter agreement, which charter agreement shall not be available for public inspection, is submitted to the Registrar of Maltese Ships along with the application for registration and a transcript of the underlying registry.

Furthermore, for the registration of a bareboat charter in Malta, the following shall be completed:

1. An application provided by the Authorities shall be submitted;
2. A formal declaration from the vessel’s owner consenting to the Maltese bareboat charter to be registered;
3. A certificate confirming the vessel’s registration under its primary flag state;
4. A notarized copy of the bareboat charter agreement, detailing the terms and duration of the charter, must be provided.
5. The vessel must meet applicable safety, environmental, and operational regulations under the International Maritime Organisation (IMO) as well as Maltese Law.

Once the aforementioned documents are submitted to the Maltese Authorities, a provisional registration certificate is issued for six (6) months. During those six (6) months, all necessary documentation must be submitted for the Authorities to proceed in issuing the Permanent Registration Certificate for the duration of the bareboat charter. This certificate is valid for two (2) years and can be renewed thereafter.

It is worth noting that during registration, the vessel must fly the Maltese flag and operate under Maltese jurisdiction, comply with Maltese Maritime laws (incl. Tax, safety, and environmental obligations), maintain valid insurance coverage as provided by in both International and Maltese requirements, and lastly to undergo any inspections to ensure adherence to safety standards.

A bareboat Charter registration may be terminated under a number of circumstances such as:

1. Expiry of the charter period;
2. Request by the charterer or vessel owner;
3. Breach of Maltese maritime regulations
4. Cancellation of registration by the foreign flag state.

The Maltese bareboat charter registration regime offers vessel owners and charterers a flexible and efficient framework for dual registration, ensuring compliance with both Maltese and international maritime laws. With clear guidelines on eligibility, documentation, and operational requirements, Malta remains an attractive jurisdiction for ship registration under a bareboat charter arrangement.

GTG offers end-to-end legal support for bareboat charter registration in Malta. From preparing documentation to ensuring full regulatory compliance, our team is equipped to assist clients throughout the entire process.

Whether you're a vessel owner, charterer, or maritime operator, navigating the Maltese bareboat charter framework is key to smooth and compliant operations. We provide tailored legal advice and hands-on guidance at every step of registration under the Maltese flag. For assistance, please contact us at info@gtg.com.mt

Author: Dr Sarah M. Vella

You may also wish to read:

Amendments to the Maritime Labour Convention and the Merchant Shipping Act