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Mortgage Registration

Registration of Mortgage

A shipowner who needs to register a Mortgage for a Tuvalu vessel may do so by submitting a copy of the following documents:
  1. Notarised Original Mortgage Deed (Form M1)
  2. Notarised Original Mortgage Agreement (Deed of Covenance) which should clearly state the Loan amount, Interest Rate (%), and Date of Maturity
  3. Director's Resolution from the Mortgagor authorising the Execution of the Mortgage
  4. Notarised Power of Attorney issued to the Attorneys by the Mortgagor & Mortgagee
  5. Register of Directors showing the names of all Directors of the Mortgagor
  6. Written confirmation from Mortgagee stating acceptance of the Mortgage
  7. Certificate of Incorporation of the Mortgagor
  8. If the vessel is still under Provisional Registration i.e. the Original Bill of Sale has not been sighted by the Registrar, then the Registry will require a letter from the Mortgagee or authorised Attorney stating that they have sighted the Original Bill of Sale.
Upon submission of the above documents by fax/email, Tuvalu will provisionally record the date/time and priority of the mortgage registration in accordance to the date/time that the fax/email was received provided that all documents are properly executed. The mortgagor should then undertake to courier the original documents to this office.

Upon receipt of the original documents, the Registry will permanently record the date/time and priority of the mortgage registration as what was provisionally recorded when the copies of the required documents are received. Subsequently, a Certificate of Mortgage Registration will be issued.

Tuvalu will keep a copy of the Certificate of Mortgage Registration and the Mortgage Deed in the vessel's file and return the originals to the applicant.

Please contact our office if a legal opinion is required with regards to the Tuvalu Merchant Shipping Act.

Note:
Tuvalu does not recommend transfer of mortgages and would urge all that shipowners fully discharge a mortgage before negotiating a sale of a vessel that has a registered mortgage with the registry.

Potential buyers of Tuvalu registered vessels may apply to the Tuvalu Ship Registry to request for a transcript to ascertain if the vessel has any registered mortgages.

Discharge of Mortgage

A shipowner who wishes to discharge a Mortgage that was previously recorded may do so by submitting the Notarised Original Mortgage Deed (Form M1) with execution of Discharge by the mortgagee.

The person executing the Discharge of the Mortgage on behalf of the Mortgagee should be the same person that executed the Mortgage Agreement (Deed of Covenance).

In the event that the Mortgagee uses another signatory to execute the discharge other than the one who executed the Mortgage Agreement, then this person must be duly authorised by a Power of Attorney (POA) from the Mortgagee. This POA will need to be notarised and submitted to the registry.

Upon receipt of the Notarised Original Mortgage Deed (Form M1) with execution of Discharge by the mortgagee, the registry will Discharge the Mortgage and return the original Mortgage Deed (Form M1) to the applicant.

Click here to download Forms.