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Question Listing for Vessel Mortgages

Question: What instruments may be recorded at the Liberian Registry?
Answer: Liberian Deputy Commissioner's office is allowed to record instruments of conveyance and mortgage instruments only.

Instruments of Conveyance: Bill of Sale, Builder's Certificate etc.

Mortgage Instruments: Preferred Mortgages, Amendments, Addenda, Assignments and other instruments relating to mortgages on Liberian vessels. Releases, Satisfactions or Discharge of Mortgages;
Question: How to record a Preferred Ship Mortgage?
Answer:

Under the Liberian law, recordation of Preferred Ship Mortgage ("Mortgage") must be done at the Liberian Deputy Commissioner's central office. The office of the Deputy Commissioner is located in New York, however, based on the electronic law adopted by Liberia, original mortgage documents may be also tabled at and mortgages may be recorded through any of the LISCR regional offices worldwide. A Preferred Mortgage can be recorded once the following are received by the Deputy Commissioner's office:

  1. Four (4) signed and acknowledged originals of the Mortgage;
  2. The original evidence of Corporate Authority from the Mortgagor to execute the Mortgage Instrument, which can be in the form of either:

    (i) a copy of the Board Resolutions signed by an authorized individual of the corporation that is certified as true and complete and in full force and effect by the Secretary of the corporation (or certified by another officer of the corporation) or

    (ii) a Power of Attorney acknowledged before a notary public or Liberian Special Agent.

    We recommend that the original Evidence of Corporate Authority be signed by an individual other than the individual signing the Mortgage. The original Evidence of Corporate Authority must include the correctly spelled name of the mortgagor, the name and official number of the vessel, the amount of mortgage and the intention of the Mortgage (i.e. ‘to record a First Preferred Mortgage’, etc.). The original Evidence of Corporate Authority must have been executed within 3 months of the date of recordation of the Mortgage instrument.

  3. One (1) signed Memorandum of Particulars, summarizing all of the data to be recorded in the records of the Liberian Deputy Commissioner's office; and
  4. Payment of mortgage recording fee.

To avoid potential delays and unnecessary expenses, Liberian Deputy Commissioner's office advises clients to send draft copies of the necessary documents for pre-clearance.

Question: Do you need the Written Consent of an existing mortgagee to record a new instrument?
Answer: The Written Consent of the current mortgagee is required when a junior, new or subordinate mortgage is recorded, or an existing mortgage is assigned.
Question: How to record the Release of a Preferred Ship Mortgage?
Answer:

To record the Release of a Preferred Ship Mortgage ("Release") at the Liberian Deputy Commissioner's office in New York, or via any of the offices listed in the Location Tab of the main LISCR Page, please provide the following:

  1. Two (2) signed and acknowledged originals of the Release;
  2. One (1) original Evidence of Authority from each Mortgagee authorizing the signor(s) to execute the Release which can be in the form of either: i) a notarized Power of Attorney executed within 3 months of the date of recordation of the Release (the Power of Attorney must identify the mortgage by stating the book and page number as well as the date and time of recordation or execution of the instrument) or ii) pursuant to a certified copy of the Specimen Signature book of the Mortgagee.
  3. Payment of mortgage release fees.

It should be noted that the "Release" is also referred to as "Discharge" and "Satisfaction".

To avoid potential delays and unnecessary expenses, the Liberian Deputy Commissioner's office advises clients to send draft copies of the Release and Evidence of Authority for review to: mortgage@liscr.com before the documents are executed.

Question: Can I submit a document for recording a language other than English?
Answer: All documents recorded under the provisions of the Maritime Law, are required to be in the English language, with the sole exception of foreign language ship mortgages noted pursuant to the bareboat registry provisions of Section 89 of RLM-107. In that case, only the cover page and execution page(s) need to be translated into English.
Question: What are the business hours for recordation of an instrument?
Answer: LISCR's normal business hours are 9:00 A.M. to 5:00 P.M., Monday through Friday. However, members of LISCR's staff are available to record an instrument, register/re-register or delete a vessel outside of normal business hours for an additional fee.
Question: What is the official evidence of recordation of an instrument?
Answer: Each recorded mortgage instrument will have attached to its back a certification with the mortgage recording particulars signed by the Deputy Commissioner of Maritime Affairs of the Republic of Liberia.  Furthermore recordation of a Preferred Ship Mortgage or any other instrument entitles the parties to receive an original Certificate of Ownership and Encumbrance (COE). Parties may also ask for the Certified Extracts of the Preferred Mortgage Index for an additional charge.