Regulation on Ship Registry
The Regulation on Ship Registry (Regulation) entered into force through publication in the Official Gazette dated 12.05.2023 and numbered 32188. The Regulation superseded the Ship Registry Regulation put into force by the Resolution of the Council of Ministers dated 31.12.1956 and numbered 4/8520 and the Regulation on Ship Flag Certificates put into force by the Resolution of the Council of Ministers dated 13.03.1957 and numbered 4/8807. The provisions introduced by the Regulation are summarized below:
- Ship certificate and flag certificate are defined in the Regulation in line with the Articles 944 and 968 et seq. of the Turkish Commercial Code. The principles regarding the issuance and revocation of these documents are included.
- It is pointed out that the ship's certificate shall not be amended and shall be re-issued in the event that the essential information on the ship certificate is changed, such as (i) transfer of ownership, (ii) acquisition of ship’s shares, (iii) change of technical information such as ship’s name, machinery, change of measurement values and so on, (iv) registry transfers, and in these cases.
- Pursuant to the Regulation, ship registry directorates are established in regional port directorates/port presidencies deemed appropriate by the Ministry of Transport and Infrastructure, and the jurisdiction of the ship registry directorates covers the mooring ports connected to the registry directorates. The Regulation clarifies the courts in charge of the supervision of the ship registry directorates and the courts where objections to the procedures of the ship registry directorates may be filed.
- Details on the Maritime Portal (Denizcilik Portalı) where all kinds of requests regarding the ships registered or to be registered in the ship registry will be made, are regulated.
- Provisions on the conditions under which ownership, mortgage and usufruct rights can be established on the ship and the registration of these to the registry are included.
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