Interim Measures For The Registration Of Offshore Structures, Shenzhen

Original Language Title: 深圳市海上构筑物登记暂行办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256412.shtml

Interim measures for the registration of offshore structures, Shenzhen

    (Released November 19, 2009, Shenzhen Municipal People's Government order No. 213 as of March 1, 2010) Chapter I General provisions

    First in order to standardize the registration activities of marine structure, recognition and protection of the legitimate interests of rights holders, in accordance with the People's Republic of China Law on real right, the People's Republic of China Law of sea area use management, as well as the Guangdong sea area use Management Ordinance and other relevant legal provisions and regulations, combined with the actual situation of the management of sea area in Shenzhen, these measures are formulated.

    Second, within the area of management, this approach applies to this article, made maritime right of registration of offshore structures.

    Ownership of offshore structures, the establishment of right to mortgage, transfer, modification, termination should be carried out in accordance with this approach, such as registration, except as otherwise provided in laws and administrative regulations.

    Article III registration of offshore structures should follow the structure of the ownership and right to use waters held by the structure the subject consistent principles.

    Offshore structure transfer, mortgage or other forms of discipline, the structure of right to use maritime space occupied at the same time transfer, mortgage or disposition accordingly.

    Maritime right of transfer, mortgage or other forms of discipline, its structure should be transferred, mortgaged or on appropriate sanctions.

    Article fourth Shenzhen Municipal People's Government planning and land administration, offshore structures, is the registration authority (hereinafter referred to as registration authority) shall conduct a review of the party applying for registration of offshore structures, offshore structures issued registration certificate.

    Registration authority, the marine Administration Department and other relevant departments should establish an appropriate mechanism, realization of right to use maritime space and marine structure registration and transfer, mortgage, dispose of information sharing.

    Article fifth marine structure registration certificate is proof of the right people have that structure right on the sea.

    Registration authority shall establish a unified information system for marine structure and registration in the register in the city, and to develop technical specifications for marine structure registration rules registration.

    Chapter II general provisions

    Article sixth offshore structures the following cases registered, by the unilateral application by the parties:

    (A) apart from the total initial registration of offshore structures;

    (B) offshore structures right by inheritance or bequest made the registration; (C) has the people of a legally effective written judgments or orders of the Court, mediation and arbitration of the arbitration agreement, applications for voluntary compliance by both parties, can unilaterally to apply for the enforcement of the Court.

    Relates to entry into force of right judgment, unilateral application;

    (D) registration;

    (E) the correction of the registration;

    (F) registration;

    (VII) registration;

    (H) cancellation of registration.

    Offshore structures for the sale, Exchange, donation, mortgage registration, segmentation and other acts, by the joint application by the parties concerned.

    Two or more persons a total of initial registration of offshore structures, by a co-ownership share shall be applied for. Article seventh party concerned entrusts an agent to apply for registration of offshore structures, power of Attorney of the agent shall be submitted to the parties.

    Notarized power of attorney shall be in accordance with the relevant provisions of the overseas applicant or certification.

    Eighth under any of the following circumstances, the registration authority shall make a registration decision:

    (A) structures on the sea dispute has not been resolved;

    (Ii) unable to provide valid proof of ownership of offshore structures;

    (C) an offence or temporary use of offshore structures on the maritime structure;

    (D) legal and administrative regulations shall not be registered, or clear other conditions for registration does not comply with the provisions.

    Registration authority for registration until the registration cancelled by law, registration of offshore structures right holders apply for other inadmissible.

    Nineth sea register sea structure ownership and content based.

    Name or the name of the register shall set forth the rights, the names and locations of offshore structures, offshore structures and marine area occupied, and to obtain the right way, and uses the term, other rights, offshore structures, such as restrictions on the right to record. Article tenth marine structure of damaged registration certificate, the holder may apply to the registration authorities issue.

    Registration authorities registration certificate renewal of offshore structures, shall examine the registration certificate and recover the original structures at sea.

    Marine structure registration certificate is lost, the right holder may apply to the registration organ replacement, registration authorities re-registration certificate issued to the applicant.

    Chapter III registration procedures

    Section I general principles of the procedure

    11th handling registration of marine structure, generally in accordance with the following procedures:

    (A) the application;

    (B) is inadmissible;

    (C) audits;

    (D) recorded in the registers;

    (E) issuing;

    (Vi) filing.

    Marine structure registration authority deems it necessary, registration notice. 12th to apply for registration of offshore structures, the applicant shall submit the prescribed application registration files.

    Category for application of registration matters not covered in this way, registration authorities is not admissible. Application for registration submitted by the applicant in order, accept vouchers issued by the registration authority shall, on the spot, apply for an day to day.

    Application registration documents submitted by the applicant are not complete, the registration authority shall notify the correction request, date of application for registration documents completed for acceptance.

    13th registration authority in conformity with the provisions for registration and related matters should be recorded in the register and notify the right people receive certificates of registration of offshore structures, record date is the date of registration in the register; do not meet the required conditions, the registration authority shall not register decided to inform the applicant in writing. 14th an applicant may in the registration office will be recorded in the register of registered particulars before the withdrawal of the application for registration.

    Applicant may unilaterally or jointly withdraw request for registration, the registration authority shall agree with the withdrawal of the application for registration, and marine structures for registration materials returned to the applicant.

    Section II of the initial registration

    15th application for initial registration of offshore structures should submit the following documents:

    (A) the application for initial registration of offshore structures;

    (B) identification of the applicant;

    (C) maritime right certificates;

    (Iv) certificate of completion of fixed offshore structures;

    (E) the record structure of boundary on the sea charts;

    (F) measurement of offshore structures report;

    (G) the approved construction documents;

    (VIII) technical specifications according to registration should be submitted to the other relevant documents.

    16th the registration authority should be accepted later than 20th of application materials submitted by the applicant is authorized, in conformity with the provisions and registration authority registration and offshore structures issued certificate of registration to the applicant.

    Section III transfer of registration and registration of changes

    17th by the initial registration of offshore structures, any of the following circumstances, the parties concerned shall apply for a transfer of registration:

    (A) sale;

    (B) gifts;

    (C) Exchange;

    (D) succession;

    (E) the total segmentation of offshore structures;

    (F) the compulsory transfer of the Court judgment or ruling;

    (VII) other mandatory transfer in accordance with the laws and regulations.

    Article 18th apply for registration of transfer, shall submit the following information:

    (A) application for transfer of registration of offshore structures;

    (B) identification of the applicant;

    (C) the registration certificate for marine structure;

    (D) certified marine structure ownership documents;

    (E) according to the registration of technical specifications other related documents shall be submitted.

    19th under any of the following circumstances, the right holder shall apply for registration of change:

    (A) marine structure changes;

    (B) the name or name changes of the right;

    (C) other circumstances as stipulated by laws and regulations.

    Article 20th marine structure change of registration shall submit the following documents:

    (A) marine structure change of registration applications;

    (B) identification of the applicant;

    (C) the registration certificate for marine structure;

    (D) that files that have changed the fact that marine structure;

    (E) according to the registration of technical specifications other related documents shall be submitted.

    21st registration authority the applicant's transfer application for registration or change of registration applications are examined, in line with the provisions of condition shall, from the date of acceptance of the application in the 30th to grant registration, recorded in the register of offshore structures, and issue a registration certificate for offshore structures.

    Fourth quarter mortgage registration

    Mortgage article 22nd marine structure, the parties concerned shall apply for registration of mortgage.

    Mortgage registration shall be applied for by the mortgagee and the mortgagor jointly.

    Article 23rd marine structure a mortgage registration shall submit the following documents:

    (A) application for registration of mortgage for offshore structures;

    (B) identification of the applicant;

    (C) the registration certificate for marine structure;

    (D) secured by the mortgage principal debt contracts;

    (E) the mortgage contract.

    24th the registration authority to review the applicant's application, in conformity with the provisions, shall be from the date of acceptance of the application in the 15th approved registration of mortgage.

    25th the registration of eligible mortgages, registration authority structures at sea on the registration certificate should be stamped with the Special seal for mortgages proved and recorded in the register of offshore structures.

    Article 26th registered offshore structures the mortgage assignment and transfer or change, terminate, the parties concerned shall apply for registration of transfer, change of registration or cancellation of registration, and submit the following documents:

    (A) application for transfer of registration, change or cancellation of registration;

    (B) identification of the applicant;

    (C) the offshore structure of mortgage registration certificate;

    (D) proof that any document transfer, modification or termination of mortgage;
(E) other necessary materials.

    Was the amount of the secured claim is changed to apply for mortgage registration, shall also submit the written consent of the mortgagee files.

    27th with offshore structures set up the mortgage, the parties concerned shall apply for registration of mortgage of maximum amount.

    Maritime mortgage of maximum amount of the registration procedure in the light of the structure of the housing registration related to mortgage of maximum amount of housing registration procedures 28th the same set two or more mortgages on offshore structures, according to the records of the date of registration in the register has determined its overall.

    Otherwise stipulated by laws, administrative regulations, and from its provisions.

    Fifth Festival cancellation of registration and other registration

    Article 29th because of collapses, demolition of structures at sea cause loss, or termination for sea use right according to law, the right shall, maritime right of termination or marine structure loss occurred after applying for cancellation of registration of offshore structures, and submit the following documents:

    (A) the structure application for deregistration at sea;

    (B) identification of the applicant;

    (C) the registration certificate for marine structure;

    (D) marine structure loss of proof or prove waters right to terminate file or throw statement file.

    30th the registration authority to review an application for cancellation of registration of the applicant, if necessary, site visits, to meet the requirements, shall from the date of acceptance of the application in the 30th to be cancellation of registration, recover the original structures at sea registration and cancellation should be recorded in the register.

    31st marine structure loss or maritime right of termination in accordance with law, parties fail to apply for cancellation of registration, the registration authority shall, in accordance with the relevant departments to provide supporting documents, the cancellation should be recorded in the register.

    Article 32nd marine structure registration, correction of registration registration, registration, and other references to the Shenzhen real estate registration number (for trial implementation) regulations.

    The fourth chapter legal liability Article 33rd marine structure registration applicant shall truthfully report to the registration authority on materials and reflect the true situation, and responsible for the authenticity, legitimacy and effectiveness of the application materials.

    The Civil Act of the applicant is identified as invalid or false, invalid material submitted by the applicant, shall bear legal liability.

    Registration authority shall, according to the register of marine structure of records, review the application materials for offshore structures for registration and, if necessary, registration authorities can ask an applicant or see, and within the time limit for registration of offshore structures.

    Registration authorities and his staff violated provisions of the registration of offshore structures, shall be appointed or a supervisory authority to the relevant competent personnel disciplined and the other persons involved crime, law transferred to judicial organs for handling.

    Article 34th on the specific administrative act undertaken by the registration authority, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.

    The fifth chapter by-laws

    35th marine structure mentioned in these measures refers to the fixed buildings and structures within the city area, including:

    (A) terminals;

    (B) fixed offshore platforms;

    (C) cross harbour tunnel;

    (D) the bridge;

    (E) overhead;

    (F) artificial reefs;

    (G) the laws, regulations and other offshore structures.

    Registration of offshore structures in these measures refers to the registration authority in accordance with the party's application, ownership or other rights to offshore structures, as well as records and publication of matters associated with this behavior.

    Offshore structures right in these measures, shall enjoy occupancy right to use waters, offshore structures on the maritime structure ownership and other rights such as the rights of natural persons, legal persons and other organizations.

    Article 36th involves registration of offshore structures, this approach does not provide, in accordance with the relevant laws and regulations of the real estate registration regulations. 37th article of the regulations come into force on March 1, 2010.