Ghana Shipping Act, 2003 (Act 645)

Ships are restricted from trading in or from Ghanaian waters unless they are Ghanaian ships or have foreign registry documents; some local trade is limited to Ghanaian ships.

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Jurisdiction: Ghana
Instrument: Act or statute
Citation: Act 645
Version: Undated source snapshot
Language: en
Official source: View official record ↗

administrative expenses asset sale asset transfer beneficial interest builder's certificate certificate custody certificate issuance certificate of registry certificate of sale certificate replacement certification change of ownership change of ownership notification claims classification and tonnage classification society compliance compliance deadlines compliance marking corporate filings corporate qualification court application court order court orders +109 more

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Statute overview

About this statute

Ships are restricted from trading in or from Ghanaian waters unless they are Ghanaian ships or have foreign registry documents; some local trade is limited to Ghanaian ships. A ship is not a Ghanaian ship unless it is owned by one of the listed Ghanaian or registered joint-venture owners. Some ships must be registered in Ghana, certain foreign and government ships may or must be registered, and unregistered ships lose Ghanaian recognition and privileges. Applications to register a ship must be made to the Registrar of Ships, and the Registrar must require satisfactory proof of ownership before registration. A person cannot be registered as owner of a Ghanaian ship or share unless a declaration of ownership in the prescribed form has been made.

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Legal text

Provisions of Ghana Shipping Act, 2003 (Act 645)

Showing 85 of 85

1
Restriction on trading in Ghanaian waters
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AI-assisted research summary: Ships are restricted from trading in or from Ghanaian waters unless they are Ghanaian ships or have foreign registry documents; some local trade is limited to Ghanaian ships.

Section 1—Restriction on trading in Ghanaian waters (1) No ship shall trade in or from Ghanaian waters unless the ship (a) is a Ghanaian ship; or (b) possesses a certificate of foreign registry or similar document. (2) Subject to any treaty or agreement with any foreign Government, only Ghanaian ships may engage in local trade in Ghanaian waters. (3) A person not qualified to own a Ghanaian ship as specified in section 2 shall not engage in any charter or otherwise engage any Ghanaian ship for local trade in Ghanaian waters except in accordance with such conditions as the Board of the Ghana Maritime Authority may in writing direct. (4) A Ghanaian ship trading in any waters in Ghana and a ship trading in or from Ghanaian waters shall provide evidence of financial responsibility against risks of damage to third parties in such form as the Board of the Ghana Maritime Authority may in writing direct. 20 (5) Where the master, owner or agent of a ship contravenes subsections (1), (2) or (4) or where any person contravenes subsection (3) the master, owner, agent or that person commits an offence and is liable on summary conviction to a fine not exceeding the cedi equivalent of $1 million and the ship shall be detained until the fine is paid.
2
Qualifications for owning a Ghanaian ship
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AI-assisted research summary: A ship is not a Ghanaian ship unless it is owned by one of the listed Ghanaian or registered joint-venture owners.

Section 2—Qualification for owning a Ghanaian ship Except otherwise provided by any other enactment, a ship is not a Ghanaian ship unless the ship is owned by (a) a citizen of Ghana; (b) a body corporate registered under the Companies Code, 1963 (Act 179); (c) a partnership registered under the Incorporated Partnership Act, 1962 (Act 152); (d) a foreign individual or a foreign company in registered joint venture relationship with a Ghanaian national or company; and (e) any of the persons specified in paragraphs (a), (b) or (c) who charters ships on bare boat charter.
3
Obligation to register and Regulations on Ghanaian ships
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AI-assisted research summary: Some ships must be registered in Ghana, certain foreign and government ships may or must be registered, and unregistered ships lose Ghanaian recognition and privileges.

Section 3—Obligation to register and Regulations on Ghanaian ships (1) A ship owned by any of the persons described in paragraphs (a), (b), (c) and (e) of section 2 shall be registered in Ghana unless (a) the ship is licensed to operate solely within Ghanaian waters, or (b) the ship is exempt from being licensed under section 40. (2) A foreign ship owned by a person or a body corporate in registered joint venture relationship with a Ghanaian may be registered in Ghana. (3) A Ghanaian Government ship shall be registered in one of the register books provided for under section 13 of this Act. (4) The Director-General may detain any ship wholly owned by persons qualified to own a registered or licensed Ghanaian ship where the master of the ship fails to produce the certificate of registry or any licence on demand until that evidence is produced. (5) A ship required to be registered under this Act shall not be recognised as a Ghanaian ship and shall not be entitled to rights and privileges accorded a Ghanaian ship unless it is registered. (6) Where the Director-General has any doubt as to the qualification of any ship registered under this Part the Director-General may direct the Registrar of ships to demand that evidence be produced to the satisfaction of the Director-General within such time as the Director-General may specify that the ship is qualified to be registered. (7) Where the Director-General specifies a time limit within which satisfactory evidence of qualification has to be given to the Registrar and it is not given the ship shall be de-registered. (8) The Minister may make Regulations on matters relating to the obligation to register ships.
4
Application for registration
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AI-assisted research summary: Applications to register a ship must be made to the Registrar of Ships, and the Registrar must require satisfactory proof of ownership before registration.

Section 4—Application for registration 21 (1) Application for the registration of a ship shall be made to the Registrar of Ships, (a) in the case of an individual, by the person requiring to be registered as owner or agent; (b) in the case of a number of persons by one or more of the persons or their agent; and (c) in the case of a body corporate by the body corporate or its agent. (2) The Registrar shall demand satisfactory proof of ownership before registration.
5
Declaration of ownership
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AI-assisted research summary: A person cannot be registered as owner of a Ghanaian ship or share unless a declaration of ownership in the prescribed form has been made.

Section 5—Declaration of ownership (1) A person shall not be registered as the owner of a Ghanaian ship or of a share in it unless that person or in the case of a body corporate the person authorised by the body corporate under section 4(1) to make the application on its behalf has made a declaration of ownership in the prescribed form. (2) The declaration shall be accompanied with a certificate of survey for the ship and shall include the following particulars of the applicant and the ship: (a) the full name and address of the applicant; (b) national status or in the case of a body corporate a statement of the constitution and business interests as proof of its qualification to own a Ghanaian ship; (c) a statement of the time when and the place where the ship was built or if the ship was built outside Ghana and the time and place of building is not known, a statement to that effect; and in addition in the case of a ship previously registered outside Ghana a statement of the name by which it was registered; (d) the number of shares in the ship in respect of which the person or the body corporate is entitled to be registered as owner; and (e) a statement that to the best of the knowledge and belief of the applicant no unqualified person has any legal or beneficial interest in the ship or any share in it. (2) For the purposes of this section, "beneficial interest" has the meaning assigned to it by section 79 of this Act.
6
Building and sale of vessels
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AI-assisted research summary: Ghana building and selling new ships is restricted unless the required licence, approvals, and seaworthiness certificate are in place.

Section 6—Building and sale of Vessels (1) A person shall not undertake in Ghana the building of a ship unless that person has been granted a licence to do so by the Minister for Industries in consultation with the Minister and the Minister for Agriculture where the ship is a fishing vessel. (2) The design for the building of a ship shall be subject to the approval of the Minister or the body charged by law with the responsibility. (3) The building of any ship in Ghana shall be supervised by a surveyor employed by the person who commissioned the building of the ship and it shall be the duty of the employer to submit periodic progress reports of the work on the ship to the Minister. (4) A person shall not sell or offer for sale, whether within or outside Ghana, any new ship built in Ghana unless there has been issued in respect of that ship a Certificate of Seaworthiness by the Minister in such form as may be prescribed. 22 (5) The Minister may in consultation with the Board of the Ghana Maritime Authority make Regulations prescribing the (a) standards and specifications for the design and construction of different types of ships; and (b) forms of application, licence and Certificate of Seaworthiness described in this section. (6) The owner, operator and master of a ship built or sold in contravention of subsections (1), (2), (3), or (4) commit an offence and each is liable on summary conviction to a fine not exceeding 500 penalty units and in addition the court may order the forfeiture of the ship in respect of which the offence was committed.
7
Importation of a ship
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AI-assisted research summary: A person may not import a ship without written ministerial approval, and older ships are restricted by vessel type and age.

Section 7—Importation of ships (1) A person shall not (a) without the prior approval in writing granted by the Minister in accordance with the recommendation of the Authority import any ship; or (b) import into the country any ship (i) in the case of a trawler which is more than ten years; or (ii) in the case of a tuna fishing vessel or any other vessel which is more than fifteen years from the date of construction except that a trawler of not more than fifteen years or a tuna vessel or any other vessel of not more than eighteen years from the date of construction may be imported subject to the acceptance by the Minister in consultation with the Ghana Maritime Authority and on the advice of the Board of a survey, report of seaworthiness issued by a recognised international classification authority. (3) The importer of a ship shall pay such fees and costs as may be determined by the Board, including the cost of any inspection which may be required pursuant to subsection (1) (b). (4) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine of the cedi equivalent of not less than $10,000 and not exceeding $100,000 or to a term of imprisonment not exceeding 2 years or to both, and in addition the court may order the forfeiture of the vessel in respect of which the offence was committed.
8
Builder's certificate and evidence required on first registration of a ship
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AI-assisted research summary: Builders of ships built in Ghana must give the owner a signed builder’s certificate, and applicants for first registration must file specified evidence.

Section 8—Builder's certificate and evidence required on irst egistration of a Ship (1) Where a ship is built in Ghana the builder shall issue to the owner a signed builder's certificate containing the following: (a) the true account of the proper denomination and tonnage of the ship as estimated by the builder; (b) the date and place where the ship was built; and (c) the name of the person for whom the ship was built. (2) A ship builder who fails to comply with subsection (1) or wilfully makes a false statement in a certificate given commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years or to both. 23 (3) On the first registration of a ship the following evidence shall be produced by the applicant in addition to the declaration required under section 5: (a) the builder's certificate specified under subsection (1); (b) if there has been any sale, the bill of sale under which the ship or any share in her has become vested in the applicant; (c) in the case of a foreign-built ship, a builder's certificate unless the applicant declares (i) that the date and place of its building are unknown to the applicant, or (ii) that the builder's certificate cannot be procured, in which case there shall be registered only the bill of sale under which the ship or a share in it became vested in the applicant; and (d) in the case of a ship condemned by a competent authority, the official copy of the condemnation document.
9
Restriction on registration
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AI-assisted research summary: A ship already registered in another country cannot be registered under this Act unless the foreign deregistration conditions are met.

Section 9—Restriction on registration (1) Where a ship is registered in any country she shall not be eligible for registration under this Act unless in the case of a ship registered in a country which is a party to the International Convention for the unification of the rules relating to Liens and Mortgages, 1993 (a) a certificate has been issued by that country to the effect that the ship has been de-registered; or (b) a certificate has been issued by that country to the effect that the ship will be de-registered on the day that the new registration is effected in Ghana. (2) An applicant seeking registration of a ship registered in another country shall satisfy the Registrar of Ships that (a) the ship has been deregistered on the day that the new registration is effected or that the foreign registration has been cancelled or will be cancelled on the day that the new registration is effected; and (b) no mortgages are outstanding against the ship or where there are outstanding mortgages against the ship the mortgagees have consented in writing to the deregistration or cancellation of the ship's foreign registration.
10
Cancellation of registration
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AI-assisted research summary: The Registrar must cancel a ship’s registration if the ship is also registered in another country, no longer qualifies as a Ghanaian ship, or is considered lost or broken up.

Section 10—Cancellation of registration The registration of a ship shall be cancelled by the Registrar if at anytime the ship (a) is found to be also registered in another country; or (b) ceases to qualify for registration as a Ghanaian ship under section 2 of this Act; or (c) is considered by the Registrar to have been lost or broken up.
11
Restriction on deregistration of ships
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AI-assisted research summary: A ship cannot be deregistered unless all registered mortgagees give written consent.

Section 11—Restriction on deregistration of ships 24 No ship shall be deregistered without the consent in writing of all registered mortgagees of the ship.
12
Port of registry
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AI-assisted research summary: Takoradi and Tema are the ports of registry for registering Ghanaian ships, and the Authority may declare other Ghanaian ports as ports of registry by Gazette notice.

Section 12—Port of registry (1) The ports of Takoradi and Tema are the Ports of Registry for the registration of Ghanaian ships. (2) The Authority may by notice published in the Gazette declare any other port of Ghana as a Port of Registry.
13
Register books and entries
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AI-assisted research summary: The Registrar of ships must keep the required register books, enter specified ship details, and keep certain ownership records. The Registrar must not register a ship acquired from a foreigner or corporate body if the transfer document restricts use or leaves foreign government control.

Section 13—Register books and entries (1) The Registrar of ships shall keep such register books as may be necessary for the purposes of this Act including a register book for (a) merchant ships; (b) fishing vessels; and (c) ships under construction. (2) Entries in the registers shall be made in accordance with the following conditions: (a) the property in a ship shall be divided into sixty-four shares; (b) subject to the provisions of this Act with respect to joint owners or owners by transmission, not more than sixty-four individuals shall be entitled to be registered at the same time as owners of any one ship, except that this provision does not affect the beneficial title of any number of persons or of any company represented by or claiming under or through any registered owner or joint owner; (c) a person is not entitled to be registered as owner of a fractional part of a share in a ship; but any number of persons not exceeding five may be registered as joint owners of a ship or of any share in it; (d) joint owners shall be considered as constituting one person only for registration and are not entitled to dispose separately of any interest in a ship, or in any share in it for which they are registered; and (e) a body corporate may be registered as owner by its corporate name. (3) Upon the completion of the preliminary requirements for the registration of a ship, the Registrar shall enter in the appropriate register the following particulars of the ship: (a) the present name of the ship and the previous name and registry, if any; (b) the details contained in the certificate of survey; (c) the particulars in respect of its origin stated in the declaration of ownership; (d) the name, address, occupation and nationality of its owner and where there is more than one owner the percentage of shares held by each owner; (e) the port of registry or home port and the official number or identity mark; 25 (f) the international call sign of the ship, where one is assigned; (g) the name of the builder, place and year of the building of the ship; (h) the description of the main technical characteristics of the ship; and (i) the details of any mortgages. (4) The Registrar shall not register a ship purchased or otherwise acquired from a foreigner or a corporate body where a bill of sale or other document by which the ship became vested in the applicant for registration contains express, implied or constructive provisions restricting the use of the vessel or imputing a measure of continued control by the government of a foreign country. (5) Individual owners, joint owners and corporate bodies that have been recorded in the register book as owners shall be regarded as owners of the ship or any part of her; (6) The Registrar shall keep a record in a manner approved by the Director-General of (a) the date of deletion or suspension of the previous registration of a ship; and (b) the name, address, nationality and other details as appropriate of a ship owner who is qualified under section 2.
14
Documents to be retained by the Registrar of ships
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AI-assisted research summary: When a ship is registered, the Registrar of Ships must keep the listed registration documents.

Section 14—Documents to be Retained by the Registrar of Ships The Registrar shall on the registration of a ship retain the following: (a) the certificate of survey; (b) the builder's certificate; (c) the carving notes; (d) any previous bill of sale of the ship; (e) the copy of the condemnation, if any; (f) all declarations of ownership; (g) notice of the name of the ship; and (h) the application for registration.
15
Name of ship
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AI-assisted research summary: Merchant ships must have unique names, Ghanaian ships must use only their registered names, and the Registrar can refuse a proposed ship name.

Section 15—Name of ship (1) A merchant ship registered in the register for merchant ships shall have a name but no two or more merchant ships shall bear the same name. (2) A Ghanaian ship shall not be described by any name other than that by which it is registered. (3) The Registrar may refuse to register a ship by the name she is proposed to be registered, if that name is already the name of a registered Ghanaian ship, a name which is similar to a ship already registered or is a name likely to deceive or offend the public. 26 (4) Where the Registrar refuses to register a ship by a proposed name, the Registrar shall direct the applicant to make such rectification as the Registrar considers necessary and the Registrar shall not register the ship under the proposed name, until the directives have been complied with.
16
Change of name of a ship
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AI-assisted research summary: The Registrar controls ship name changes and may only approve them after all registered mortgagees have been notified. Violations can lead to a fine, imprisonment, or both.

Section 16—Change of Name of Ship (1) A change of the name of a Ghanaian ship shall not be made without the consent of the Registrar. (2) An application for a change of the name shall be made to the Registrar on a prescribed form. (3) The Registrar may not grant permission to change the name of a Ghanaian ship, unless the Registrar is satisfied that all registered mortgagees have been notified of the proposed change of name. (4) The Registrar shall grant the approval for a change of the name of a ship and the registration shall be carried out in the manner specified in Regulations made under this Part. (5) A person who contravenes or permits a person under that person's control to contravene this section or Regulations made under this part commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or imprisonment not exceeding 2 years or to both.
17
Identity marks for fishing vessels
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AI-assisted research summary: The Registrar must give each fishing vessel an identity mark when it is registered, and registered fishing vessels must display it and the ship’s port of registry name in the required places.

Section 17—Identity Marks for Fishing Vessels (1) The Registrar shall allocate to a fishing vessel on registration a combination and sequence of letters and numbers, in this Act referred to as "identity mark" which shall be entered in the relevant register book. (2) No two fishing vessels shall be allocated the same identity mark. (3) A registered fishing vessel shall display the identity mark allocated to it on both sides of the bow of the ship and shall show the name of the ship's port of registry on the stern. (4) The master and owner of a fishing vessel which displays an identity mark not allocated to the vessel or fails to display the vessel's identity mark commit an offence and are each liable on summary conviction to a fine not exceeding 250 penalty units or to imprisonment for a term not exceeding 12 months or to both.
18
Call sign
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AI-assisted research summary: Merchant ships and fishing vessels with certain radio equipment must also carry an internationally registered code designation.

Section 18—Call sign A merchant ship or fishing vessel which is equipped either with a wireless radio transmitting station or with a radio telephone installation shall also possess an internationally registered code designation, in the form of international call letters or numbers as appropriate to the flag state of registration and assigned to the ship.
19
Register book for ships under construction. Tonnage Measurement of Ships
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AI-assisted research summary: A ship under construction may be entered in the register book for ships under construction starting when the construction contract is signed and ending when it is placed on another register after completion.

Section 19—Register Book for Ships under Construction A ship under construction may be entered in the register book for ships under construction from the date of the signing of the contract for construction until the ship is placed on another register after its completion. 27 Tonnage Measurement of Ships
20
Survey
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AI-assisted research summary: A ship must be surveyed and its tonnage determined before registration, and the surveyor must issue a Certificate of Survey.

Section 20—Survey (1) A ship shall be surveyed and its tonnage ascertained before registration by a surveyor of ships appointed under section 26. (2) The surveyor shall grant a Certificate of Survey specifying the ship's tonnage and build and other particulars descriptive of the identity of the ship as the Registrar may require. (3) No ship shall be registered without the submission to the Registrar of a Certificate of Survey.
21
Tonnage Regulations
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AI-assisted research summary: The Minister may make Tonnage Regulations, and must include the International Convention on Tonnage Measurement of Ships, 1969 (including amendments) when doing so.

Section 21—Tonnage Regulations (1) The Minister may make Regulations in this Act referred to as "Tonnage Regulations" (a) to provide for method for ascertaining the tonnage of a ship; (b) to make different provisions for different descriptions of ships or for the same descriptions of ships in different circumstances; and (c) to prohibit or restrict the carriage of goods or stores in spaces not included in the assessment of the net tonnage of a ship. (2) The Minister shall in making the Tonnage Regulations incorporate the International Convention on Tonnage Measurement of Ships, 1969 including any amendments to it.
22
Tonnage once ascertained to be tonnage of ship. 2
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AI-assisted research summary: If a ship’s tonnage has been ascertained under the Tonnage Regulations, that tonnage must be registered for the ship.

Section 22—Tonnage once ascertained to be tonnage of ship (1) Where the tonnage of a ship has been ascertained in accordance with the Tonnage Regulations, that tonnage shall be registered as the tonnage of that ship. (2) The tonnage of a ship once ascertained shall be entered in every subsequent registration of that ship unless (a) an alteration is made in the size or capacity of the ship, or (b) it is discovered that the tonnage of the ship has been erroneously determined, and in each case the ship shall be remeasured and her tonnage ascertained and registered in accordance with the Tonnage Regulations.
23
Tonnage rules of foreign ships
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AI-assisted research summary: The Director-General can treat or order remeasurement of a foreign ship’s tonnage in defined cases, and a surveyor must remeasure and assign tonnage when the ship does not meet the Ghanaian standard.

Section 23—Tonnage rules of foreign Ships (1) Where the Director-General is satisfied that the tonnage rules of a foreign country are substantially the same as the Tonnage Regulations of Ghana, the Director-General may direct that the tonnage denoted in the Ship's Certificate of Registry or other certificate of Registry be considered as the tonnage of that ship. (2) Where a surveyor inspects a foreign ship and certifies to the Director-General that the construction and equipment of the ship do not meet the standard required of a Ghanaian ship of the same tonnage, the surveyor shall remeasure the ship and assign a tonnage in accordance with this Act or Regulations made for the purpose under this Act by deducting from the tonnage the space occupied by seafarers or apprentices as shown on the Certificate of Registry or other certificates relating to the foreign ship. 28 (3) The Director-General may direct that a foreign ship be remeasured where it appears to the Director-General that the tonnage materially differs from the tonnage specified by or under this Act.
24
Foreign and other measurements
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AI-assisted research summary: A surveyor may use the latest register or Certificate of Survey figures for a ship, but must check that measurements have not changed and remeasure any changed parts.

Section 24—Foreign and other measurements (1) A surveyor may accept and use any figures or measurement contained in the latest register where the ship is registered as a foreign ship, or in the case of an unregistered ship in the latest Certificate of Survey relating to that ship. (2) A surveyor shall be satisfied that there have been no changes of measurement since the making of the register or certificate which the surveyor proposes to use and where any changes have been made, the surveyor shall remeasure the ship to the extent of the changes.
25
Alterations between surveys
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AI-assisted research summary: The owner or master of a Ghanaian ship must tell the Registrar about any alteration or reconstruction within 30 days after it is completed, and provide details if it could affect classification, measurement, tonnage, or loading.

Section 25—Alterations between surveys (1) The owner or master of a Ghanaian ship shall within thirty days after the completion of the alteration or reconstruction of the ship advise the Registrar of the alteration or reconstruction and give the Registrar details where the alteration or reconstruction could affect the ship's classification, measurement, tonnage or loading. (2) The owner or master of a ship who fails to comply with subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both.
26
Appointment of surveyors for tonnage measurement
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AI-assisted research summary: The Authority may appoint surveyors and nominate a classification society for ship tonnage measurement.

Section 26—Appointment of surveyors for tonnage measurement (1) The Authority may appoint duly qualified surveyors within or outside Ghana to survey and measure ships. (2) The Authority may nominate within or outside Ghana a classification society. (3) A classification society so nominated may appoint competent persons to survey and measure ships subject to such conditions as the Authority may determine.
27
Marking of ships
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AI-assisted research summary: Ships must be permanently and conspicuously marked before registration in Ghana.

Section 27—Marking of ships (1) A ship shall before being registered in Ghana be permanently and conspicuously marked in accordance with the Regulations made under this Part. (2) Where the Registrar is satisfied that a ship is insufficiently or inaccurately marked, the Registrar may suspend the Certificate of Registry of the ship or in the absence of such certificate the Registrar may detain the ship until the insufficiency or inaccuracy has been remedied to the Registrar's satisfaction. (3) The Minister may make Regulations to exempt any specified class of ships from any of the provisions of this section in accordance with the advice of the Authority.
28
Certificate of Registry
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AI-assisted research summary: A Certificate of Registry must follow the form prescribed by the Minister and include specified ship and owner details.

Section 28—Certificate of Registry (1) A Certificate of Registry shall be in such form as may be prescribed by the Minister. (2) A Certificate of Registry shall include 29 (a) the name of the owner of the ship, the owner's occupation and address, and if there is more than one owner, the proportions of their interests in the ship; (b) the date and place where the ship was built; (c) the details given in the Certificate of Survey; and (d) the International Maritime Organisation (IMO) number of the ship.
29
Power to make Regulations in relation to Certificate of Registry
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AI-assisted research summary: The Minister may make regulations about new Certificates of Registry, replacement after loss, ownership changes, and handing in a Certificate of Registry in certain ship-loss situations.

Section 29—Power to make Regulations in relation to Certificate of Registry The Minister may make Regulations relating to (a) the grant of a new Certificate of Registry; (b) the loss and replacement of Certificate of Registry; (c) the endorsement of a change of ownership on a Certificate of Registry; and (d) the delivery up of the Certificate of Registry of a ship that is lost, broken up or has ceased to be a Ghanaian ship.
30
Issue and custody of Certificate of Registry
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AI-assisted research summary: The Registrar must issue a Certificate of Registry when a ship is registered, and the certificate must be kept on board and used only for lawful navigation.

Section 30—Issue and custody of Certificate of Registry (1) The Registrar shall upon registration of a ship issue a Certificate of Registry to the ship. (2) A Certificate of Registry shall be kept on board the ship and shall be used only for the lawful navigation of the ship and shall not be subject to retention by any title, lien, charge or other interest of any owner, mortgagee or other person. (3) A person shall on demand deliver the Certificate of Registry in that person's possession to the person entitled to its custody for the purposes of lawful navigation of the ship, or to the Registrar, surveyor of ships, Customs, Excise and Preventive Service officer or other person entitled by law to require its delivery. (4) A person who contravenes subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or to both. (5) Where a Court in any proceedings in respect of an offence under this section is satisfied that the certificate is lost, it shall advise the Director-General in writing.
31
Improper use of Certificate of Registry
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AI-assisted research summary: A master or owner of a Ghanaian ship must not use or try to use an unlawfully granted Certificate of Registry for navigation.

Section 31—Improper use of Certificate of Registry Where the master or owner of a Ghanaian ship uses or attempts to use for navigation a Certificate of Registry not legally granted, he commits an offence and is liable on summary conviction to a fine not exceeding 500 penalty units or to imprisonment for a term not exceeding 3 years or to both and the ship may also be forfeited to the State.
32
Provisional Certificate of Registry
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AI-assisted research summary: If the Registrar is unavailable, an authorised officer may issue a provisional certificate for a ship registration application, and the master must deliver it to the Registrar within 10 days of the ship’s first arrival in Ghana.

Section 32—Provisional Certificate of Registry (1) Where the owner of a ship intends to apply for registration of the ship as a Ghanaian ship but the Registrar is not immediately available, an authorised officer may grant a provisional certificate on an application by the owner which application shall include a statutory declaration stating 30 (a) the name of the ship; (b) the name and particulars of the owner of the ship; (c) the date and place of its purchase and the name of the purchaser; (d) that the foreign registry, if any, of the ship has been closed, and (e) that the best particulars on the ship's tonnage, date and place of construction and such other particulars as the owner is able to provide are attached, and the officer shall forward a copy of the Certificate at the first convenient opportunity to the Registrar. (2) A Provisional Certificate under this section shall have the effect of a Certificate of Registry until the expiration of 6 months after its date of issue or until the arrival of the ship at a port in Ghana whichever happens first and upon the occurrence of either of these events, the Provisional Certificate shall cease to have effect. (3) The master of a ship in respect of which a Provisional Certificate has been granted shall within 10 days of the ship's first arrival at a port in Ghana deliver the certificate to the Registrar, and where a master fails to comply with these conditions the master commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or to both.
33
Temporary pass in lieu of Certificate of Registry. Registration of Alteration and Registration anew
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AI-assisted research summary: The Director-General may direct the Registrar to grant a temporary pass for an unregistered ship, but only in special circumstances and where the ship’s country allows similar passes for Ghanaian ships.

Section 33—Temporary pass in lieu of Certificate of Registry (1) Where the Director-General considers that in any special circumstances it is desirable that permission be granted to a ship which is not registered to pass from a port in Ghana to another port within or outside Ghana the Director-General may in a case where the ship belongs to a country whose law permits the issue of a temporary pass to a Ghanaian ship, direct the Registrar to grant a pass. (2) The pass granted shall have the same effect as a Certificate of Registry within the geographical limits. Registration of Alteration and Registration anew
34
Registration of alterations of tonnage
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AI-assisted research summary: If a Ghanaian ship’s tonnage details change, the alteration must be reported to the Registrar within 30 days and supported by a Certificate of Survey.

Section 34—Registration of alterations of tonnage (1) Where a Ghanaian ship is altered so as not to correspond with the particulars relating to tonnage, notification of the alteration shall be given within 30 days of the alteration to the Registrar. (2) The notice to the Registrar shall be accompanied by a Certificate of Survey specifying the particulars of the alteration. (3) The Registrar shall upon receipt of a notice of alteration under subsection (1) cause the alteration to be registered or direct that the ship be registered anew. (4) The Registrar may suspend the Certificate of Registry of the ship where there is a failure to comply with the requirements specified in subsections (1), (2) or (3) of this section. 31 (5) The owner of a ship commits an offence where there is default in registering anew a ship that has been altered and is liable on summary conviction to a fine not exceeding 500 penalty units or to a term of imprisonment not exceeding 2 years or to both and in addition is liable to a fine of 100 penalty units for each day during which the offence continues after the conviction.
35
Rules for registration of alterations to a registered ship
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AI-assisted research summary: The Certificate of Registry must be produced to the Registrar within 60 days after an alteration to the ship, and the Registrar must record the alteration and update the certificate or endorse the existing one.

Section 35—Rules for Registration of Alterations to a Registered ship (1) For the purposes of registration of any other alteration in a ship, the ship's Certificate of Registry shall be produced to the Registrar within 60 days after the alteration and the Registrar shall either (a) retain the Certificate and grant a new Certificate of Registry containing a description of the ship as altered; or (b) endorse on the existing Certificate of Registry, a statement of the alteration. (2) The Registrar shall enter in the Register book the particulars of the alteration and the fact that a new certificate has been granted or an endorsement has been made.
36
Provisional certificate for registration anew
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AI-assisted research summary: If a Ghanaian ship is outside Ghana and a new registration notice is given, the proper officer must issue or endorse a provisional certificate. The master must then deliver the certificate to the Registrar within the stated time, and the ship must be registered anew when it first arrives in Ghana.

Section 36—Provisional Certificate for Registration anew (1) Where a Ghanaian ship is outside the territories of Ghana and a notification for a new registration is given, a proper officer of the Authority shall on an application by the master grant either a provisional certificate describing the ship as altered or provisionally endorse the particulars of the alteration on the existing Certificate. (2) Where the proper officer or other appropriate authority grants a provisional certificate or provisionally endorses a Certificate under this section, the officer or authority shall add to the certificate or endorsement a statement that it is provisional only. (3) The master of a ship in respect of which a provisional Certificate is granted or a Certificate is endorsed under this section shall, within ten days of the ship's arrival at a port in Ghana or within six months of the date of issue or endorsement of the Certificate, whichever is sooner, deliver that certificate to the Registrar. (4) A master who fails to comply with subsection (3) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months or to both. (5) Where a ship in respect of which a Provisional Certificate is granted under this section first arrives at a port in Ghana, application for registration of that ship anew shall be made to the Registrar and the other requirements for registration shall be complied with. (6) An owner of a ship who fails to comply with subsection (5) commits an offence and is liable on summary conviction to a fine not exceeding 250 penalty units or imprisonment for a term not exceeding 12 months and an additional fine of 50 penalty units for each day that the offence continues after the conviction.
37
Change of ownership and registration anew
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AI-assisted research summary: The Registrar may direct a new registration when ownership of a Ghanaian registered ship has changed, if the owner applies.

Section 37—Change of ownership and registration anew The Registrar may, on an application by the owner of a Ghanaian registered ship direct that a new registration be made where the ownership has changed. 32
38
Procedure for new registration
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AI-assisted research summary: If a ship is registered anew, the Registrar must re-register it and issue a Certificate of Registry, after the required documents and conditions are met.

Section 38—Procedure for new registration (1) Where a ship is to be registered anew, the Registrar shall proceed as in the case of a first registration and on the delivery to the Registrar of the existing certificate of registration and in compliance with the other requirement for registration, or in the case of a change of ownership in compliance with such of the requirements as the Registrar thinks material, the Registrar shall re-register the ship, and grant it a Certificate of Registry. (2) When a ship is registered anew, her former registration shall be considered as closed, except so far as relates to any unsatisfied mortgage entered into, but the names of all persons formally registered as owners or mortgagees shall be entered on the new register, and the new registration shall not in any way affect the rights of any of those persons.
39
Restrictions of re-registration of abandoned ships. Licensing of Ships
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AI-assisted research summary: A Ghanaian registered ship that was wrecked, abandoned, captured, or transferred to an unqualified owner cannot be re-registered until a surveyor inspects it and certifies it seaworthy.

Section 39—Restriction on re-registration of abandoned ships Where a Ghanaian registered ship has prior to an application for its registration been wrecked or abandoned or captured by an enemy or for any other reason been transferred to a person not qualified to own a Ghanaian ship the ship shall not be re-registered until the ship has, at the expense of the applicant for registration been surveyed by a surveyor and certified by the surveyor to be seaworthy. Licensing of Ships
40
Ships to be licensed
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AI-assisted research summary: Some ships must be licensed instead of registered, but specified small pleasure craft and already registered ships are exempt. The Authority may also exempt ships in writing on conditions set by its Board.

Section 40—Ships to be licensed (1) A Ghanaian ship under twenty-four metres in length or fifteen tonnes in weight and every vessel of whatever length or weight trading or operating solely within the inland waters of Ghana shall instead of being registered be licensed. (2) The following ships are exempt from licensing (a) pleasure craft of less than five metres in length not equipped with propulsion machinery; (b) pleasure craft of less than three metres in length equipped with propulsion machinery of not more than 3.75 kilowatts; and (c) ships registered under this Act. (3) The Authority may in writing exempt, either generally or specifically, ships from compliance with subsection (1) on such conditions as the Board of the Authority may determine.
41
Qualifications for owning a licensed Ghanaian ship
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AI-assisted research summary: A ship can be licensed in Ghana only if it is wholly owned by the persons referred to in section 2, no more than eight joint owners may be recorded, and ownership changes must be notified in writing to the Registrar within 7 days unless the Director-General allows more time.

Section 41—Qualifications for owning a licensed Ghanaian ship (1) A ship shall not be licensed in Ghana unless it is owned wholly by persons referred to in section 2 of this Act. (2) Not more than eight persons may be recorded as joint owners of a licensed Ghanaian ship. (3) A licensed Ghanaian ship, shall within 7 days, or such further period as may be allowed by the Director-General after a change of ownership, notify the Registrar in writing of the change. 33 (4) Where the owner of a licensed Ghanaian ship fails to comply with subsection (3), the licence of the ship shall be cancelled. (5) The Authority may by notice published in the Gazette generally or specifically exempt a class of ships required to be licensed from licensing while operating outside Ghanaian waters.
42
Regulations for licensing of ships. Transfer and Transmission of Interest
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AI-assisted research summary: The Minister may make regulations about licensing Ghanaian ships.

Section 42—Regulations for Licensing of ships The Minister may make Regulations regarding the licensing of Ghanaian ships, and in particular for (a) the manning, life-saving, safety, pollution prevention and fire-fighting equipment of such ships; (b) the examination and certification of officers, skippers, mechanics and deck hands; (c) surveys and inspections; (d) the appointment of surveyors; (e) the keeping of records; (f) fees; (g) discipline on board; and (h) operating permits. Transfer and Transmission of Interest
43
Transfer of ship or shares
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AI-assisted research summary: A transfer of a registered ship or share to a person qualified to own a Ghanaian ship must be done by bill of sale.

Section 43—Transfer of ship or shares (1) A registered ship or a share in it when disposed of to a person qualified to own a Ghanaian ship shall be transferred by a bill of sale. (2) The bill of sale shall contain the description of the ship as is contained in the Certificate of Survey. (3) The bill of sale shall be in the form prescribed in Regulations made under this Act or in any other form acceptable to the Authority and shall be executed by the transferor in the presence of, and attested by, a witness.
44
Declaration of transfer
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AI-assisted research summary: A transferee cannot be registered as owner of a transferred ship or share until a required declaration is made and signed; if the transferee is a body corporate, an authorized person must do this.

Section 44—Declaration of transfer (1) Where a registered ship or a share in it is transferred, the transferee shall not be entitled to be registered as owner until the transferee, or, in the case of a body corporate, the person authorized by this Act to make declarations on behalf of the body corporate has made and signed a declaration that refers to the ship and contains a statement of the qualifications of the transferee to own a Ghanaian ship. (2) Where the transferee is a body corporate, the nature of its business shall be a condition for it to be qualified to own a Ghanaian ship.
45
Registration of transfer
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AI-assisted research summary: A transfer bill of sale for a registered ship or share must be produced to the Registrar, who must record the transferee and endorse the bill.

Section 45—Registration of transfer 34 (1) A bill of sale for the transfer of a registered ship or a share in it when duly executed, shall be produced to the Registrar at the port of registry of the ship with the declaration of transfer. (2) The Registrar shall, upon the production of the bill, enter in the relevant register the name of the transferee as owner of the ship or the share, and the Registrar shall endorse on the bill of sale the fact of that entry having been made, with the day and hour of the entry. (3) A bill of sale of a ship or a share in it shall be entered in the register book in the order of their production to the Registrar.
46
Transmission of property on death, insolvency
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AI-assisted research summary: When a registered ship or share passes on death, insolvency, or another lawful means, the recipient must sign a declaration and provide required details; the Registrar must then record the new owner(s) in the register.

Section 46—Transmission of property on death, insolvency (1) Where a registered ship or a share in it is transmitted to a person qualified to own a Ghanaian ship on the death or insolvency of any registered owner, or by any lawful means other than by a transfer under this Act, that person shall authenticate the transmission by signing a "declaration", in this Part referred to as a "declaration of transmission", identifying the ship and containing the several statements required to be contained in a declaration of transfer, or as near as possible as circumstances permit. (2) There shall also be provided a statement of the manner in which and the person to whom the property has been transmitted. (3) Where the transmission is consequent upon insolvency, the declaration of transmission shall be accompanied with evidence admissible in a court as proof of the title of persons claiming under insolvency. (4) Where the transmission is consequent upon death, the declaration of transfer shall be accompanied by the instrument of representation or an official extract from it. (5) The Registrar shall on receipt of the declaration of transmission, enter in the register book the name of the person entitled under the transmission as owner of the ship or of the share of the ship which has been transmitted. (6) Where there is more than one person the Registrar shall enter the names of all those persons, except that for the purposes of this Part the number of persons entitled to be registered as owners shall be considered as one person.
47
Order for sale on transmission to unqualified persons
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AI-assisted research summary: If a Ghanaian ship is transferred to someone not qualified to own it, the High Court may order a sale on application, and the application must be filed within 30 days unless the Court allows more time.

Section 47—Order for sale on transmission to unqualified persons (1) Where a Ghanaian ship or a share in it is transmitted on death, insolvency or otherwise to a person not qualified to own a Ghanaian ship, the High Court may, on application made by or on behalf of the Unqualified person, order a sale of the ship and direct that the proceeds of the sale, after deducting the expenses involved, be paid to the person entitled under the transmission or otherwise as the Court may direct. (2) The Court may require such evidence as it considers necessary in support of the application, and may make an order on terms and conditions it thinks just, and may generally act in the case as the justice of the case requires. (3) An application for sale shall be made within 30 days after the occurrence of the event on which the transfer has taken place, or within such further time, not exceeding in the aggregate of one year from the date of the occurrence of the event, as the Court may allow. 35 (4) Where an application is not made within the time specified in this section or where the Court refuses an order for sale, the ship or the share transmitted shall thereupon be subject to forfeiture under this Act.
48
Transfer of ship on sale by order of court
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AI-assisted research summary: If the High Court orders a ship sold, it must name a person who can transfer the ship or share as if registered owner.

Section 48—Transfer of ship on sale by order of Court Where the High Court orders the sale of a ship or any share in it whether under this Act or any other law the order of the Court shall contain a declaration vesting in a person named by the Court the right to transfer that ship or share; and the person named shall be entitled to transfer the ship or the share as if he were the registered owner of it.
49
Power of court to prohibit transfer. 3 Mortgages
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AI-assisted research summary: The High Court may order that no one deal with a ship or a share in it for a specified time, and the Registrar must obey the order once served.

Section 49—Power of court to prohibit transfer (1) The High Court may on the application by any interested person make an order prohibiting for a time specified in the order, any dealing with a ship or a share in it. (2) The Court may make the order on any terms or conditions it thinks just and may generally act in the case as the justice of the case requires; and the Registrar, without being made a party to the proceedings, shall on being served with an order or an official copy of the order obey the order. Mortgages
50
Mortgage of ship or shares
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AI-assisted research summary: A ship mortgage must be recorded by the Registrar when the security instrument is produced, and the Registrar must note the recording time and date.

Section 50—Mortgage of ship or shares (1) A registered ship or a share in it may be made a security for a loan or other valuable consideration, and the instrument creating the security shall be in the form prescribed in Regulations made under this Act. (2) The Registrar shall as circumstances permit and on the production of the instrument creating the security, record the mortgage in the register book at the ship's port of registry. (3) Mortgages shall be recorded by the Registrar in the order of time in which they are produced to him. (4) The Registrar shall by a memorandum signed by him state on each mortgage that it has been recorded by him and indicate the day and hour of that record. (5) The transfer of a mortgage or its transmission shall not affect the order of priority of the mortgage.
51
Mortgage of provisionally registered ships
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AI-assisted research summary: For provisionally registered ships, a mortgage executed outside Ghana may be shown to a consular officer, who must notify the Registrar, and the Registrar must record the parties, amount secured, and make the register entry.

Section 51—Mortgage of provisionally registered ships (1) Where a ship is provisionally registered, a mortgage executed outside Ghana may be produced to a consular officer who shall notify the Registrar of the production of the mortgage. (2) The Registrar shall, as soon as possible record the names of the parties and the amount secured on the mortgage. (3) Where the Registrar has received notice of a provisional registration of a ship and of the production of a mortgage relating to the ship, the mortgage shall be considered as registered and its priority shall be preserved from the time of receipt by the Registrar of the notice of the mortgage. 36 (4) The Registrar shall make an appropriate entry in the relevant register book from the time of receipt of the mortgage, or from the time of the receipt of the notice of mortgage, whichever first occurs. (5) The provisions of subsections (3) and (4) of section 50 shall apply to mortgages under this section as they apply to mortgages under that section, except that the day and hour of record shall not derogate from any priority preserved under subsections (3) and (4) of this section. (6) On the final registration of a ship provisionally registered under this section the priority of any mortgage recorded under this section shall be preserved notwithstanding that the provisional registration may have ceased to have effect before the final registration.
52
Entry of discharge of mortgage
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AI-assisted research summary: If a registered mortgage is discharged and the required documents are produced, the Registrar must enter the discharge in the register.

Section 52—Entry of discharge of mortgage (1) Where a registered mortgage is discharged, the Registrar shall, on the production of the mortgage with a receipt for the mortgage money endorsed and attested, make an entry in the relevant register to the effect that the mortgage has been discharged. (2) On that entry being made, the interest, if any, which passed to the mortgagee shall vest in the person in whom, having regard to intervening acts and circumstances, if any, the interest would have vested if the mortgage had not been made.
53
Priority of mortgages
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AI-assisted research summary: If more than one mortgage is registered for the same ship or share, the mortgagees rank by the date each mortgage is recorded in the register.

Section 53—Priority of mortgages Where there is more than one mortgage registered in respect of the same ship or share in it, the mortgagees shall, notwithstanding any express, implied or constructive notice, be entitled in priority one over the other, according to the date on which each mortgage is recorded in the register and not according to the date of each mortgage itself.
54
Mortgagee not treated as owner
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AI-assisted research summary: A mortgagee is not treated as the owner of a ship, or share in a ship, just because of the mortgage.

Section 54—Mortgagee not treated as owner A mortgagee shall not, by reason of the mortgage, be considered the owner of a ship or a share in it, nor shall the mortgagor cease to be the owner except as may be necessary for making a mortgaged ship or a share in it available as a security for the mortgaged debt.
55
Power of sale of mortgagee
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AI-assisted research summary: Registered mortgagees may sell the ship or share and receive payment, but later mortgagees and mortgagees of Ghana Government ships need a High Court order in the stated cases.

Section 55—Power of sale of mortgagee (1) A registered mortgagee has power to dispose of the ship or a share in it in respect of which the mortgagee is registered and to give effective receipt for the purchase money. (2) Where more than one person is registered as mortgagee of the same ship or a share in it, a subsequent mortgagee shall not, except under the order of the High Court, sell the ship or the share, without the concurrence of every prior mortgagee. (3) A mortgagee referred to in sub-sections (1) and (2) is entitled to enforce the mortgage by an action in rem in admiralty whenever any sum secured by the mortgage is unpaid when due, in accordance with the terms of any deed or instrument collateral to the mortgage. (4) A registered mortgagee of a Ghana Government ship shall not without first obtaining an order from the High Court dispose of the ship or any share in it in respect of which the mortgagee registered and give receipts for the purchase money.
56
Mortgage not affected by bankruptcy
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AI-assisted research summary: A registered mortgage on a ship or ship share is not affected by the mortgagor’s bankruptcy and takes priority over other creditors’ claims.

Section 56—Mortgage not affected by bankruptcy 37 A registered mortgage of a ship or a share in it shall not be affected by any bankruptcy of the mortgagor and the mortgage shall be preferred to any right, claim or interest of the other creditors of the mortgagor or any trustee or assignee on their behalf.
57
Transfer of mortgages
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AI-assisted research summary: A registered mortgage of a ship or a share in it may be transferred, and the transfer instrument must follow the prescribed form.

Section 57—Transfer of mortgages (1) A registered mortgage of a ship or share in it may be transferred to any person. (2) The instrument effecting the transfer shall be in a form prescribed in Regulations made under this Act. (3) The Registrar shall on the production of the instrument record it by entering in the relevant register the name of the transferee as mortgagee of the ship or a share in it, and shall, by a signed memorandum, testify on the instrument of transfer that it has been recorded by the Registrar and state the day and hour of the record.
58
Transmission of interest in mortgage on death, bankruptcy
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AI-assisted research summary: If a mortgagee’s interest in a ship is transmitted on death, bankruptcy, or another lawful means, the transmission is limited to the person receiving it, and the Registrar must record the transferee on receiving the required declaration and evidence.

Section 58—Transmission of interest in mortgage on death, bankruptcy (1) Where the interest of a mortgagee in a ship or share in it is transmitted on death, bankruptcy, or by any lawful means other than by a transfer under this Act, the transmission shall be limited to the person to whom the interest is transmitted. (2) The transmission shall contain a statement of the manner in which, and the person to whom, the property has been transmitted, and shall be accompanied by evidence as is required by this Part in the case of a transmission of the ownership of a ship or a share in it. (3) The Registrar, shall on the receipt of the declaration and the production of the evidence specified in this Part enter the name of the person entitled under the transfer in the register as the mortgagee of the ship or a share in it.
59
Authority to sell mortgage out of Ghana
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AI-assisted research summary: A registered owner of a Ghanaian ship or share may apply in writing to the Registrar to sell or mortgage it outside Ghana; the Registrar must record the application and issue the appropriate certificate.

Section 59—Authority to sell mortgage out of Ghana (1) Where a registered owner of a Ghanaian ship or a share in it, desires to dispose of the ship or the share in it by sale or mortgage at any place out of Ghana, the registered owner may make application, by declaration in writing , to the Registrar. (2) The application shall contain the following particulars: (a) the name and address of the person by whom the power mentioned in the certificate is to be exercised, together with (i) in the case of a sale, the minimum price at which a sale is to be made if it is intended to fix any such minimum; or (ii) in the case of a mortgage, the maximum amount, if it is intended to fix any such maximum; (b) the place where the power is to be exercised, or, if no place is specified, a declaration that the power may be exercised anywhere as may be specified; and (c) the time limit within which the power may be exercised. (3) Subject to section 60(1), in the case of an application to dispose of a ship by way of sale the Registrar shall enable the applicant to dispose of the ship or the share in the manner required in accordance with subsection (4). 38 (4) On receipt of an application made under this section, the Registrar shall enter in the register book a statement of the particulars set out in the application, and shall grant to the applicant a Certificate of Sale or a Certificate of Mortgage, as the case may require. (5) A certificate of sale and a certificate of mortgage of a ship shall (a) be in the prescribed form; (b) not authorise any sale or mortgage to be made in Ghana or by any person not named in the certificate; and (c) contain a statement of the particulars set out in the application and also a statement of any registered mortgages or sale and the relevant certificates issued.
60
General rules for certificate of sale
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AI-assisted research summary: A certificate of sale may only be granted for the sale of an entire ship, and only when all interested owners or mortgagees apply in writing.

Section 60—General rules for Certificate of Sale (1) A certificate of sale shall not be granted except for the sale of an entire ship; and the certificate shall not be granted under this Part, except upon the application made by declaration in writing of all persons who appear who appear on the relevant register to be interested in the ship as owners or mortgagees. (2) The power conferred by the certificate shall be exercised in conformity with the directions contained in it. (3) An agreement for sale entered into in good faith in the exercise of the power conferred by the certificate to a purchaser for valuable consideration shall not be invalidated by reason of the person by whom the power was given dying at any time between the giving of the power and the completion of the sale. (4) Whenever such a certificate contains a specification of the place at which, and a time limit not exceeding twelve months within which the power is to be exercised, a sale made in good faith to a purchaser for valuable consideration without notice shall not be invalidated by reason of the bankruptcy or insolvency of the person by whom the power was given.
61
Procedure where ship under certificate of sale granted in Ghana
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AI-assisted research summary: This section sets out the steps for recording a Ghanaian ship’s sale and what happens if the buyer is not qualified to own the ship.

Section 61—Procedure where ship under Certificate of sale granted in Ghana (1) Where a Ghanaian ship is sold to a person qualified to own a Ghanaian ship, in exercise of a power conferred by a certificate of sale granted under this Part (a) the transfer of the ship shall be made by a bill of sale and the certificate of sale issued shall be produced to a proper officer at the place where the ship is sold who shall endorse the certificate of sale with a statement of the fact that the ship has been sold, and shall forthwith notify the Registrar; (b) the ship may be registered anew in the manner provided by this Act; and (c) the Registrar upon receipt of the certificate of sale and the ship's Certificate of Registry from a proper officer shall endorse them to the effect that the ship has been sold and the sale shall be entered in the relevant register. (2) Where a Ghanaian ship is sold to a person not qualified to own a Ghanaian ship in the exercise of a power conferred by a certificate of sale, granted under this Part, 39 (a) the certificate of sale and the Certificate of Registry shall be produced to the proper officer at the place where the ship is sold, and the officer shall endorse a statement that the ship has been sold to a person not qualified to own a Ghanaian ship; (b) the officer making the endorsements shall forward the certificates of sale and Registry, each being duly endorsed, to the Registrar; (c) the Registrar, shall upon receipt of the certificates of sale and Registry make an entry of the sale in the relevant register; (d) the registration of the ship shall be considered as closed, except as far as it relates to any unsatisfied mortgages or existing certificate of mortgage entered in it; (e) where default is made in the production of the certificates mentioned in this sub-section, the person to whom the ship is sold shall be considered to have acquired no title to or interest in the ship; and (f) the person on whose application the Certificate of Sale was granted under this subsection, and the person exercising the powers conferred thereby, each commits an offence. (3) Where no agreement for sale is entered into, in exercise of the power conferred by a certificate of sale granted under this Part, that certificate shall be delivered to the Registrar, and the Registrar shall thereupon cancel the certificate, and enter the cancellation in the register.
62
Registration in Ghana where ship sold under certificate of sale granted by a foreign State
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AI-assisted research summary: A foreign-registered ship sold under a foreign certificate of sale may be registered in Ghana if the buyer is qualified to own a Ghanaian ship.

Section 62—Registration in Ghana where ship sold under certificate of sale granted by a foreign State (1) Where any ship registered in a foreign country is sold in exercise of a power conferred by a certificate of sale granted under the law of that country to a person qualified to own a Ghanaian ship, that ship may be registered in Ghana in accordance with this section. (2) Application for registration anew shall be made to the Registrar and shall be accompanied with the bill of sale by which the ship is transferred, the certificate of sale and the Certificate of Registry of the ship. (3) The Registrar, on registration of a ship anew shall (a) retain the certificates of sale and Registry, and endorse on each of the certificates an entry of the fact of the sale having taken place; (b) forward the certificates to the Registrar at the ship's former port of registry; (c) enter in the relevant register such particulars as are, by this Act required to be entered in it upon the first registration of a ship in Ghana; and (d) state any registered mortgages or certificates of mortgage enumerated on the certificate of sale. (4) Where a ship is registered under this Part (a) the description of the ship contained in its former Certificate of Registry may be transferred into the relevant register without the ship being resurveyed. 40 (b) the declaration to be made by the purchaser shall be the same as is required to be made by an ordinary transferee; and (c) all persons on the register interested in that ship as owners or mortgagees shall have the same rights, and their rights shall be determined in the same manner, as if that ship had been first registered in Ghana in the manner provided in this Act and as if any unsatisfied mortgages or existing certificates of mortgage had been entered in the register at that port.
63
Rules as to certificate of mortgage
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AI-assisted research summary: Certificates of mortgage must be used and registered as directed, and registered mortgages get priority based on registration timing.

Section 63—Rules as to certificate of mortgage The following rules shall be observed as to a certificate of mortgage: (a) the power conferred by the certificate shall be exercised in conformity with the directions contained in the certificate; (b) every mortgage executed under the certificate shall be registered by the endorsement of a record on the certificate by the proper officer at the place where the mortgage is executed; (c) a mortgage executed in good faith under it shall not be invalidated by reason of the person by whom the power was given dying at any time between the giving of the power and execution of the mortgage; (d) if the certificate contains a specification of the place where and a time limit, not exceeding twelve months, within which the power is to be exercised, a mortgage executed in good faith to a mortgagee without notice shall not be invalidated by reason of the bankruptcy or insolvency of the person by whom the power was given; (e) a mortgage which is registered on the certificate shall have priority over all mortgages of the same ship or a share created subsequent to the date of the entry of the certificate in the relevant register; (f) where there is more than one mortgage registered in respect of a ship the respective mortgagees claiming under them shall notwithstanding any express implied or constructive notice, be entitled to priority according to the date and time that each mortgage is registered on the certificate, and not according to the date of the mortgage; (g) subject to the preceding rules, a mortgagee whose mortgage is registered on the certificate shall have the same rights and powers, and be subject to the same liabilities, as he would have had if his mortgage had been registered in the register book instead of on the certificate. (h) the discharge of a mortgage registered on the certificate may be endorsed on the certificate by the Registrar or a proper officer on the production of such evidence as is required by this Act to be produced to the Registrar for the entry of the discharge of a mortgage in the relevant register; (i) on the endorsement on the certificate being made the interest which passed to the mortgagee shall vest in the same person in whom it would have vested if the mortgage had not been made having regard to the intervening acts and circumstances; and (j) on the delivery of any certificate of mortgage to the Registrar he shall after recording it in the register book in such manner as to preserve the priority of any unsatisfied mortgage 41 registered in the register book, cancel the certificate and enter the fact of the cancellation in the register.
64
Loss of certificate of sale or mortgage
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AI-assisted research summary: If a sale or mortgage certificate is lost, destroyed, or so damaged that it is useless, the Registrar may issue a replacement certificate or make related register book entries.

Section 64—Loss of certificate of sale or mortgage Upon proof at any time to the satisfaction of the Registrar that a certificate of sale or mortgage is lost or destroyed, or is so damaged as to be useless and that the powers given have never been exercised, or, if they have been exercised, then, upon proof of the several matters and things that have been done under it, the Registrar may either issue a new certificate or direct such entries to be made in the register book, or such other things to be done, as might have been been made or done if the loss, destruction or damage had not occurred.
65
Revocation of certificate of sale or mortgage. Maritime Liens
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AI-assisted research summary: The owner of a Ghanaian ship, or a share in it, may authorise the Registrar to notify officers that a sale or mortgage certificate is revoked.

Section 65—Revocation of certificate of sale or mortgage (1) The owner of a Ghanaian ship, or a share in it in respect of which a certificate of sale or mortgage has been granted may by an instrument signed by him authorise the Registrar to give notice to every officer that the certificate is revoked. (2) Notice shall accordingly be given and be recorded by the authorised officer receiving it. (3) After the notice has been recorded by the proper officer (a) the certificate shall be considered to be revoked in respect of any sale or mortgage made at that place; (b) the notice shall be produced to any person who applies for the purpose of effecting or obtaining a transfer or mortgage under the certificate; and (c) an authorised officer shall inform the Registrar by whom the certificate was granted whether any previous exercise of the power to which the certificate refers has taken place. Maritime Liens
66
Maritime liens
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AI-assisted research summary: Certain claims against a vessel’s owner, demise charterer, manager, or operator are secured by a maritime lien on the vessel.

Section 66—Maritime Liens Subject to this Act, any of the following claims against an owner, demise charterer, manager or operator of a vessel shall be secured by a maritime lien on the vessel: (a) claims for wages and other sums due to the master, officers and other members of the vessel's complement in respect of their employment on the vessel including costs of repatriation and social insurance contributions payable on their behalf; (b) claims in respect of loss of life or personal injury occurring, whether on land or water, in direct connection with the operation of the vessel; (c) claims for reward for salvage of the vessel; (d) claims for ports, canal and other waterway dues and pilotage dues; (e) claims based on tort arising out of physical loss or damage caused by the operations of the vessels other than loss of or damage to cargo, containers and passengers' effects carried on the vessel.
67
Priority of maritime liens
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AI-assisted research summary: Maritime liens listed in section 66 rank ahead of registered mortgages, but only if the mortgages meet the listed registration and disclosure conditions and the rule in section 74(5) and (6) does not apply.

Section 67—Priority of maritime liens 42 Subject to section 74(5) and (6) the maritime liens set out in section 66 shall take priority over registered mortgages which comply with the following conditions; (a) the mortgages have been effected and registered in accordance with the laws of the country in which the vessel is registered; (b) the register and any instruments required to be deposited with the Registrar in accordance with the law of the country in which the vessel is registered is open to public inspection and extracts from the register and copies of any such instruments can be obtained from the Registrar; (c) where the register or any instrument referred to in paragraph (b) specifies at least the name and address of the person in whose favour the mortgage has been effected or that it has been issued to the bearer and the maximum amount secured, if that is the requirement of the law of the country of registration; (d) the maximum amount secured is specified in the instrument creating the mortgage and the date and other particulars which, according to the law of the country of registration, determine the ranking in relation to other registered mortgages are stated.
68
Order of priority of liens
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AI-assisted research summary: Maritime liens generally rank in the order listed in section 66, but salvage liens rank ahead of all earlier maritime liens. Salvage liens also rank among themselves by reverse order of accrual.

Section 68—Order of priority of liens (1) The maritime liens set out in section 66 shall rank in the order listed, except that maritime liens securing claims for cost of salvage of the vessel shall take priority over all other maritime liens which have been attached to the vessel prior to the time when the operations giving rise to the said liens were performed. (2) The maritime liens set out in paragraphs (a), (b), (d) and (e) of section 66 shall rank in pari passu as among themselves. (3) Maritime liens to secure claims for the cost of salvage of a vessel shall rank in the inverse order of the time when the claim secured accrued. Such claims shall be considered to have accrued on the date on which each salvage operation was terminated.
69
Rights of ship builders and ship repairers
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AI-assisted research summary: A ship builder or ship repairer in possession of a ship for secured claims may have a preferential right, but it is postponed to maritime liens in section 66 and may outrank certain registered mortgages or other preferential rights while possession continues.

Section 69—Rights of ship builders and ship repairers Where a preferential right arises, pursuant to any law relating to bankruptcy or insolvency, in respect of a ship in the possession of (a) a ship builder in order to secure claims for the building of the ship; or (b) a ship repairer in order to secure claims for the repair of the ship, the right shall be postponed to all the maritime liens set out in section 66 but may take precedence over any mortgage or other preferential right registered under this Part so long as the ship is in the possession of the ship builder or ship repairer.
70
Characteristics of maritime liens
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AI-assisted research summary: Subject to section 68, maritime liens continue to attach to the vessel even if ownership, registration, or flag changes.

Section 70—Characteristics of maritime liens Subject to section 68 maritime liens follow the vessel notwithstanding any change of ownership or of registration or flag.
71
Claims arising from radioactive products
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AI-assisted research summary: A vessel cannot be subject to a maritime lien to secure certain claims arising from hazardous oil-related damage or from radioactive properties of nuclear fuel or radioactive products or waste.

Section 71—Claims arising from radioactive products 43 No maritime lien shall be attached to a vessel to secure claims set out in paragraphs (b) or (e) of section 66 which arises from (a) damage in connection with the carriage of oil or other hazardous or noxious substances by sea for which compensation is payable to the claimants under international conventions or under the laws of Ghana which provide for strict liability and compulsory insurance or other means of securing the claims; or (b) the radioactive properties or a combination of radioactive properties with toxic, explosives or other hazardous properties of nuclear fuel or radioactive products or waste.
72
Extinction of maritime liens
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AI-assisted research summary: Maritime liens under section 66 expire after one year unless the vessel is arrested or seized before then and the arrest or seizure leads to a forced sale.

Section 72—Extinction of maritime liens (1) The maritime liens set out in section 66 is extinguished after a period of one year unless, prior to the expiring of the period, the vessel has been arrested or seized, and the arrest or seizure leads to a forced sale. (2) The one-year period referred to in subsection (1) shall commence (a) with respect to the maritime liens set out in section 66 (a) from the date of the claimant's discharge from the vessel; or (b) with respect to the maritime liens set out in section 66(b) to (e), on the date when claims secured under the section arise, and shall not be subject to suspension or interruption, except that time shall not run during the period when the arrest or seizure of the vessel is not permitted by law.
73
Notice of forced sale
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AI-assisted research summary: Before a forced sale of a vessel in Ghana, the Authority must serve notice and meet timing, content, writing, delivery, and publication requirements.

Section 73—Notice of forced sale (1) Prior to a forced sale of a vessel in Ghana, the Authority shall ensure that notice in accordance with this Act is served on (a) the authority in charge of the register of the state of registration; (b) holders of registered mortgages, which have not been issued to bearer; (c) holders of registered mortgages issued to bearer and all holders of maritime liens; and (d) the registered owner of the vessel. (2) The notice shall be given at least 30 days prior to the forced sale and shall contain (a) the time and place of the forced sale and such particulars concerning the forced sale or the proceedings leading to the forced sale as the Authority shall determine as being sufficient to protect the interest of the persons entitled to notice; or (b) where the time and place of the forced sale cannot be determined with certainty, the appropriate time and anticipated place of the forced sale and the particulars concerning the forced sale as the authority conducting the proceedings shall determine as being sufficient to protect the interests of persons entitled to notice. (3) Where notice is given in accordance with subparagraph (b), additional notice of the actual time and place of the forced sale shall be provided when known but, in any event, not later than 7 days prior to the forced sale. 44 (4) The notice specified in subsections (2) and (3) shall be in writing and may be given by registered mail, or given by any electronic or other appropriate means which confirm the receipt by persons interested as specified in subsection (1) if known. (5) In addition to the other provisions of this section, the notice shall be given by press announcement in the state where the forced sale is to be conducted and, if considered appropriate by the authority conducting the forced sale in other publications.
74
Effect of forced sale
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AI-assisted research summary: On a forced sale of a vessel in Ghana, most mortgages, liens, and encumbrances stop attaching to the vessel, and the sale proceeds must be used to pay specified costs and claims before any remainder goes to the owner.

Section 74—Effect of forced sale (1) Upon the forced sale of a vessel in Ghana, the registered mortgages, except those assumed by the purchaser with the consent of the holders, and the liens and other encumbrances of whatever nature shall cease to attach to the vessel, provided that (a) at the time of the sale the vessel is within the jurisdiction of Ghana; and (b) the sale was effected in accordance with this Act. (2) The costs and expenses arising out of the arrest, seizure and subsequent sale of a vessel shall be paid first out of the proceeds of sale and these shall include the costs for the upkeep of the vessel and the crew as well as wages, other sums and costs referred to in section 66(a), incurred from the time of arrest or seizure. (3) The balance of the proceeds shall be distributed to the extent necessary to satisfy the respective claims in accordance with the provisions of this Act. (4) Upon satisfaction of all claims, the residue of the proceeds, if any, shall be paid to the owner and the money shall be transferable through the banks. (5) In the event of the forced sale of a stranded or sunken vessel following its removal by a public authority in the interest of safe navigation or the protection of the marine environment, the costs of the removal shall be paid out of the proceeds of the sale before all other costs secured by a maritime lien on the vessel. (6) Where at the time of the forced sale the vessel is in the possession of a shipbuilder or a ship repairer who under this Act enjoys a right of retention, the shipbuilder or ship repairer shall surrender the possession of the vessel to the purchaser, but the shipbuilder or ship repairer is entitled to obtain satisfaction of the claim of the shipbuilder or ship repairer out of the proceeds of sale after the satisfaction of the claims of holders of maritime liens mentioned in section 66. (7) The Authority shall ensure that any proceeds of a forced sale are transferable.
75
Disposition of proceeds of sale
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AI-assisted research summary: After a ship is arrested and sold, court-awarded costs from that arrest and sale are paid first from the sale proceeds, and the rest is then distributed to specified lien, preferential right, and mortgage holders.

Section 75—Disposition of proceeds of sale The costs awarded by a court and arising out of the arrest and subsequent sale of a ship shall be paid first out of the proceeds of the sale, and the balance of such proceeds shall be distributed among (a) the holders of maritime liens under section 66; (b) the holders of preferential rights under section 69; and (c) the holders of mortgages and other preferential rights registered under this Part, 45 to the extent necessary to satisfy their claims.
76
Issue of certificate that a ship is free of mortgage, liens. Miscellaneous Provisions on Registration of Ships 4
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AI-assisted research summary: The Authority must issue a certificate stating a sold vessel is free of registered mortgages, liens, and encumbrances, except any mortgages the purchaser assumes, if the sale meets the listed conditions.

Section 76—Issue of certificate that a ship is free of mortgages, liens (1) Where a vessel registered in a state party to the International Convention on Liens and Mortgages, 1993 is the subject of a forced sale in any state party, the Authority shall, at the request of the purchaser, issue a certificate to the effect that the vessel is free of all registered mortgages, except those assumed by the purchaser, and of all liens, encumbrances, provided that (a) at the time of the sale the vessel is within the jurisdiction of Ghana; and (b) the sale was effected in accordance with this Act (2) Upon the production of the certificate the Registrar shall (a) delete all registered mortgages except those assumed by the purchaser; (b) register the vessel in the name of the purchaser; and (c) issue a certificate of deregistration for the purpose of a new registration. Miscellaneous Provisions on Registration of Ships
77
Provisions relating to infancy or other incapacity
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AI-assisted research summary: A court may appoint a guardian or committee for an incapacitated person connected with ship registration, and the appointee must act and make declarations on that person’s behalf.

Section 77—Provisions relating to infancy or other incapacity (1) A court may on application made in connection with registration appoint a guardian or a committee if by reason of infancy, unsoundness of mind or any other cause a person interested in a ship or a share in it is incapable of making a declaration or doing anything required or permitted to be done in connection with registration under this Act. (2) The person appointed shall make a declaration as nearly as possible corresponding with the circumstances and perform any act or thing in the name and on behalf of the incapacitated person. (3) All acts done by the person in the name and on behalf of the incapacitated person shall be as effectual as if done by the infant, person of unsound mind or incapacitated person.
78
Notice of trusts not received
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AI-assisted research summary: A notice of a trust must not be entered in the register or received by the Registrar. Registered owners of a ship or share must dispose of it as the Act requires and give a valid receipt for consideration money.

Section 78—Notice of trusts not to be received (1) A notice of any trust, express, implied or constructive, shall not be entered in the register or be receival by the Registrar. (2) The registered owner of a ship or of a share in it shall dispose of the ship or the share in it in the manner provided for in this Act and give a valid receipt for any money paid or advanced by way of consideration.
79
Definition of "beneficial interest" and equities not excluded by Act
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AI-assisted research summary: This section says “beneficial interest” includes contractual and other equitable interests.

Section 79—Definition of "Beneficial Interest" and equities not excluded by Act The expression "beneficial interest", where ever used in this Part includes interests arising under contract and other equitable interests, and accordingly notwithstanding (a) any provisions in this Act for preventing notice of trusts from being entered in the register or received by the Registrar; or 46 (b) the powers of disposition and of giving receipts conferred by this Act on registered owners and mortgagees; or (c) the provisions of this Act relating to the exclusion of unqualified persons from the ownership of Ghanaian ships, interests arising under contract or other equitable interests may be enforced by or against owners and mortgagees of ships in respect of their interest in it in the same manner as in respect of any other personal property.
80
Liability of beneficial owner
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AI-assisted research summary: A beneficial owner of a ship, other than a mortgage interest, and the registered owner can both be liable for the penalties that apply to the owner.

Section 80—Liability of beneficial owner (1) Where a person has a beneficial interest, other than a mortgage, in any ship or a share in a ship registered in the name of another person as owner, the person interested as well as the registered owner shall be subject to all pecuniary penalties imposed by this or any other enactment on the owner of a ship or shares in it. (2) Proceedings may be taken for the enforcement of the penalties against both or either of the parties mentioned in subsection (1).
81
Registration of ship's managing owner or manager
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AI-assisted research summary: The managing owner of a ship registered at a port in Ghana must register their name and address with the port Registrar; if there is no managing owner, the person entrusted with management must be registered instead.

Section 81—Registration of ship's managing owner or manager (1) The name and address of the managing owner for the time being of a ship registered at a port in Ghana shall be registered with the Registrar at the port. (2) Where there is no managing owner there shall be registered the name of the person to whom the management of the ship is entrusted to. (3) A person whose name is registered under subsection (2) shall, for the purpose of this Act, be under the same obligations, and be subject to the same liabilities, as if the person were the managing owner. (4) Where default is made in complying with this section the owner shall be liable. (5) Where there is more than one managing owner managing each owner shall be liable in proportion to that owner's interest in the ship, to a fine not exceeding in the aggregate 500 penalty units for each time the ship leaves any port in Ghana without the name and address of the managing owner being registered.
82
Power of Registrar to dispense with declaration, etc
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AI-assisted research summary: The Registrar may allow a required declaration or evidence to be waived if the person cannot provide it for a reasonable cause, with the Director-General’s approval and other evidence produced.

Section 82—Power of Registrar to dispense with declaration Where, under this Part a person is required to make a declaration on behalf of himself or of a body corporate, or any evidence is required to be produced to the Registrar; and it is shown to the satisfaction of the Registrar that from any reasonable cause that person is unable to make the declaration, or that the evidence cannot be produced, the Registrar may, with the approval of the Director-General and on the production of such other evidence, and subject to such terms as the Registrar may think fit, dispense with the declaration or evidence.
83
Mode of declarations
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AI-assisted research summary: Declarations required under this Part must be made before the Registrar, a proper officer, or another person authorized to administer oaths. A body corporate may have the declaration made by its Secretary or another authorized officer.

Section 83—Mode of declarations (1) Declarations required to be made under this Part shall be made before the Registrar, a proper officer or any other person authorized by law to administer oaths. 47 (2) Declarations required to be made under this Part may be made on behalf of a body corporate by the Secretary or any other officer of the body corporate authorized by the directors for the purpose.
84
Application of fees
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AI-assisted research summary: Fees charged under this Part must be used to pay the general expenses of carrying out the Authority’s functions, unless this Act says otherwise.

Section 84—Application of fees All fees authorized to be charged under this Part shall, except where otherwise provided in this Act be applied in the payment of the general expenses of carrying into effect the functions of the Authority under this Act and any other enactment.
85
Returns to be made by the Registrar
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AI-assisted research summary: The Registrar of Ships must send the Director-General returns about ship registrations and related dealings, including the names of persons concerned and other required particulars.

Section 85—Returns to be made by the Registrar The Registrar of Ships shall submit to the Director-General returns of all registrations, transfers, transmissions, mortgages and other dealings with ships which have been registered by or communicated to him in his capacity as Registrar and the names of persons concerned and such other particulars as may be direct

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Ghana Shipping Act, 2003 (Act 645)

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Provisions of Ghana Shipping Act, 2003 (Act 645)

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