§ 12136. Surrender of certificates of documentation
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/usc/title-46/section-12136A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Surrender.— An invalid certificate of documentation, or a certificate with an invalid endorsement, shall be surrendered as provided by regulations prescribed by the Secretary.
(b)Conditions for Surrender.—
(1)Vessels over 1,000 tons.— The Secretary may condition approval of the surrender of the certificate of documentation for a vessel over 1,000 gross tons.
(2)Vessels covered by mortgage.— 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.
(3)Notice of lien.— 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.
(c)Continued Application of Certain Laws.—
(1)In general.— 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—
(A)chapter 313 of this title for an instrument filed or recorded before the date of invalidation and an assignment after that date;
(B)sections 56101 and 56102(a)(2) and chapter 563 of this title; and
(C)any other law of the United States identified by the Secretary by regulation as a law to which the Secretary applies this subsection.
(2)Exception.— This subsection does not apply when a vessel is forfeited or sold by order of a district court of the United States.
(Pub. L. 109–304, § 5, Oct. 6, 2006, 120 Stat. 1506.)
In subsection (a), the words “or a certificate with an invalid endorsement” are added for clarity.
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- Pub. L. 109–304, § 5
- 120 Stat. 1506
- Pub. L. 101–225, title III, § 301(b)
- 103 Stat. 1922
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§ 12136
Surrender of certificates of documentation
Pub. L.Pub. L. 109–304, § 5
Stat.120 Stat. 1506
Pub. L.Pub. L. 101–225, title III, § 301(b)
Stat.103 Stat. 1922
Cites 6Cited by 0 across 0 sources