Mortgages & Encumbrances

Registration of Maritime Interests

The Vanuatu International Shipping Registry (VISR) provides for the registration of ship mortgages, charges, and other registrable maritime interests in accordance with the laws of the Republic of Vanuatu.

The registration of mortgages and encumbrances is administered by the Maritime Administrator under the authority of the Maritime Act [CAP 131] and applicable regulations, and forms part of the official state register.

Legal Effect of Registration

The registration of a mortgage or encumbrance in the Vanuatu Register:

• Creates an official public record of the registered interest

• Establishes priority in accordance with the order of registration

• Provides legal certainty to mortgagees, lenders, and counterparties

• Is recognized under Vanuatu law and applicable principles of private international law

Only interests duly registered in the official registry are recognized as registered maritime interests under the Vanuatu flag.

Types of Registrable Interests

VISR permits the registration of the following, where applicable:

• Ship Mortgages

• Mortgage Amendments and Variations

• Mortgage Discharges and Releases

• Assignments of Mortgage

• Other registrable charges or encumbrances as permitted by law

Each registration is assessed for compliance with statutory requirements prior to entry in the register.

Eligible Mortgagees and Parties

Mortgages may be registered in favor of:

• Banks and financial institutions

• Leasing companies and export credit agencies

• Other eligible lenders or secured parties

There are no restrictions based on nationality of the mortgagee, subject to compliance with applicable law and due diligence requirements.

Priority of Mortgages

Priority between registered mortgages is determined by:

• The date and time of registration in the official register

• Any statutory provisions affecting ranking

The Maritime Administrator does not adjudicate underlying commercial disputes but maintains the official order of registration in accordance with law.

Registration Process (Overview)

1. Submission of Mortgage Documentation
   Mortgage instruments and supporting documents are submitted to the registry.

2. Formal Review
   Documentation is reviewed for statutory compliance and completeness.

3. Entry in the Register
   Upon approval, the mortgage or encumbrance is entered in the official register.

4. Issuance of Confirmation
   Official confirmation of registration is issued by the Maritime Administrator.

Electronic submissions and digital records may be supported where permitted.

Digital Registry Records and Verification

Registered mortgages and encumbrances are recorded in VISR’s official registry systems.

Where applicable, registry records:

• Are maintained in digital form

• Are supported by secure audit trails

• May be verified upon request through official registry channels

Only records maintained by or under the authority of the Maritime Administrator constitute the authoritative register.

Discharge and Amendment

Mortgagees or authorized parties may apply for:

• Discharge of a registered mortgage

• Amendment or variation of mortgage terms

• Assignment of mortgage interests

Such actions are recorded in the register upon verification and approval.

Confidentiality and Transparency

The registry balances:

• Transparency, through maintenance of an official public register; and

• Confidentiality, in respect of non-public commercial information

Access to registry extracts or confirmations is provided in accordance with applicable law and registry procedures.

Important Notice

The Maritime Administrator:

• Records and maintains registered interests

• Does not provide legal advice on mortgage enforcement or disputes

• Does not determine the validity of underlying commercial arrangements beyond statutory compliance

Parties are encouraged to seek independent legal advice where appropriate.

Contact – Mortgages & Encumbrances

For mortgage registration, discharge, or related inquiries, please contact:

Vanuatu International Shipping Registry
Office of the Maritime Administrator
Republic of Vanuatu

info@register-vu.com
www.register-vu.com