2.1 The duty and the option to register
In contrast to the Register of Deeds for land property, there has, since 1901, been a duty on the owner to have his ship registered, depending upon two factors (MC Section 11 second paragraph): the owner’s nationality and the physical character of the ship. The principle in 1901 was that a Norwegian owner – with stringent rules on nationality – was obliged to register a ship with a length of 15 meters or more. The nationality factor has since then been substantially modified: today, the obligation is to register in Norway in the NOR or NIS unless the ship is registered abroad (MC Section 1).
The Norwegian owner has, however, the option to register ships that do not come within the obligatory registration category, see MC Section 11 paragraph three:
“A Norwegian ship with a maximum length of less than 15 meters can, at the owner’s request, be entered in the Ship Register if its overall length is at least 7 meters or if the ship is required to be registered under Act 26 March 1999 No. 15 Relating to the right to participate in fishing and catching (Participant’s Act’’) or if it is to be used exclusively or mainly in trade. When such a ship is entered in the Ship Register, the provisions of this Chapter [Chapter 2] shall apply.” (1) The translations from the MC (before the 2023 amendments) are taken from MarIus No. 435 (2014), and Regulation 593/1992 (prior to the 2023-amended) is an official translation. The other translations are the author’s responsibility.
Registration follows from the owner’s request (MC Section 12), supported by information/documentation listed in MC Section 13. Once the ship is registered, there is a duty to notify the registrar if there is a change, e.g. concerning ownership.