46 U.S.C. § 12136 — Surrender of certificates of documentation
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 270 words · no verdicts yet
An invalid certificate of documentation must be surrendered under Secretary rules, with extra conditions for large vessels or ones under mortgage. A mortgagee must consent before a mortgaged vessel's certificate can be surrendered. Until surrender is approved, the vessel still counts as documented for certain other laws, unless a court has ordered it forfeited or sold.
(a) Surrender. An invalid certificate of documentation, or a certificate with an invalid endorsement, must be surrendered as the Secretary's regulations require.
(b) Conditions for surrender. (1) For a vessel* over 1,000 gross tons, the Secretary may attach conditions before approving the surrender. (2) For a vessel covered by a mortgage filed or recorded under section 31321, the Secretary may approve the surrender only if the mortgagee consents. (3) The Secretary may not refuse to approve a surrender solely because a lien claim notice has been recorded against the vessel under section 31343(a).
(c) Continued application of certain laws. (1) Even though (a) requires surrender, until the Secretary approves it, a documented vessel* is still treated as documented under this chapter for purposes of chapter 313 for instruments filed or recorded before the invalidation date and later assignments; sections 56101 and 56102(a)(2) and chapter 563; and any other law the Secretary identifies by regulation. (2) This does not apply once a US district court orders the vessel forfeited or sold.
An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.
The Secretary may condition approval of the surrender of the certificate of documentation for a vessel* over 1,000 gross tons.
The Secretary may approve the surrender of the certificate of documentation of a vessel covered by a mortgage filed or recorded under section 31321 of this title only if the mortgagee consents.
The Secretary may not refuse to approve the surrender of the certificate of documentation for a vessel solely on the basis that a notice of a claim of a lien on the vessel has been recorded under section 31343(a) of this title.
Notwithstanding subsection (a), until the certificate of documentation is surrendered with the approval of the Secretary, a documented vessel* is deemed to continue to be documented under this chapter for purposes of—
chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
sections 56101 and 56102(a)(2) and chapter 563 of this title; and
any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.
Source credit: (Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1506
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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