All types of vessels from pleasure yachts to oil rigs may be registered in the name of legally constituted corporate bodies or entities, irrespective of nationality, or by European Union citizens. A Maltese ship may also be bareboat charter registered under another flag.

Maltese vessels registered in terms of the Malta Shipping legislation are entitled to fly the Maltese Flag and entitled to enjoy the advantages presented under the law, including international recognition and protection. The ‘Malta Flag’ formally came into existence in 1973, upon the promulgation of the pertinent legislation. Maltese shipping legislation caters for important measures for control and added safeguards for the financiers, thus making financing more attractive, and a bareboat charter registration. The Maltese merchant fleet is today the largest in Europe. Moreover, Malta is a party to most of the major IMO and ILO International Maritime Conventions and Malta flagships are obliged to strictly adhere to the provisions of these international conventions.

To qualify as a shipping organisation, the organisation has to obtain and maintain a licence from the Registrar-General. Moreover, its principal objects must be one or more of a list of specific activities as outlined below:

• The ownership, operation (under charter or otherwise), administration and management of a ship or ships registered as a Maltese ship and the carrying on of all ancillary financial, security and commercial activities in connection therewith;
• The ownership, operation (under charter or otherwise), administration and management of a ship or ships registered under the flag of another state and the carrying on of all ancillary financial, security and commercial activities in connection therewith;
• The holding of shares or other equity interests in entities, whether Maltese or otherwise, established for any of the purposes stated in this section and the carrying on of all ancillary financial, security and commercial activities in connection therewith;
• The raising of capital through loans, the issue of guarantees or the issue of securities by the company when the purpose of such activity is to achieve the objects stated in this section for the shipping organisation itself or for other shipping organisations within the same group;
• For the carrying on of such other activities within the maritime sector which the Minister may, on the advice of the Authority, from time to time prescribe by regulations as qualifying for the above purpose.

Malta Shipping legislation does not impose any trading or age restrictions. Nevertheless, the following conditions are provided for:

• Ships of 15 years and over, but under 20 years, must pass an inspection by an authorized flag state inspector before or within a month of provisional registration; and
• Ships of 20 years and over but less than 25 years, must pass an inspection by an authorized flag state inspector prior to being provisionally registered.
• Ships of 25 years and over are not registered.

The procedure for the registration of a vessel is relatively straightforward. Provisional registration, which in terms of the law has the same effect as the so-called permanent registration, can be effected in a very swift manner. A vessel is primarily registered provisionally under the Malta flag for six months (extendible for a further period, or periods not exceeding in the aggregate six months) during which period all documentation ought to be finalized for permanent registration. This includes, in particular evidence of ownership of former registry. Authority to operate still remains linked to conformity with the relative manning, safety and pollution prevention international standards.

Requirements for provisional registration:

• An Application for registration by the owner or an authorized representative accompanied if required by an application for a change of name;
• A copy of the ship’s International Tonnage Certificate, where applicable;
• Proof of qualification to own a Maltese ship; in the case of body corporate, the memorandum of association;
• A declaration of ownership made before the Registrar by the owner or an authorized representative;
• Evidence of seaworthiness; in the case of trading vessels confirmation from class;
• Payment of initial and annual registration fees.