i-law

Law of Ship Mortgages


Page 198

CHAPTER 9

Amendment, transfer and discharge

9.1 Amendment

9.1.1 Once a statutory form of mortgage has been registered with the Registrar General of Shipping and Seamen (the ‘Registrar’)1 it is not possible to amend it by either addition or deletion to the original form or by registration of an addendum to the mortgage. If it is necessary to secure new or revised obligations then, subject to paragraph 9.1.2 below, the owner should execute a new mortgage that should be registered with the Registrar. In this case the existing mortgage should remain registered and not discharged.2 If the owner has already granted a further mortgage or mortgages to a third party then that third party should be required to enter into a (supplemental) subordination agreement giving priority to the additional mortgage granted to the first mortgagee: see Chapter 7. If a new mortgage is registered then it will be necessary either to amend the existing security documents such as the deed of covenant or to execute new collateral security documents setting out the amended obligations.

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, click Log In button.

Copyright © 2024 Maritime Insights & Intelligence Limited. Maritime Insights & Intelligence Limited is registered in England and Wales with company number 13831625 and address 5th Floor, 10 St Bride Street, London, EC4A 4AD, United Kingdom. Lloyd's List Intelligence is a trading name of Maritime Insights & Intelligence Limited.

Lloyd's is the registered trademark of the Society Incorporated by the Lloyd's Act 1871 by the name of Lloyd's.