Application for Vessel Documentation
How to apply for USCG vessel documentation with step-by-step instructions.
In order to obtain USCG vessel documentation for the first time, make changes to an existing documentation or reinstate a previous documentation you will need to file an Application for Documentation (CG-1258) with the National Vessel Documentation Center (NVDC). In doing so, this may require some additional items as prescribed by federal regulations. These apply not only to the vessel itself, but its usage and ownership.
Initial Documentation
Initial documentation occurs when a vessel that has never been previously
documented is placed into documentation for the first time. In addition to
the application form, this will entail the need for some additional items.
Tonnage
Affirmation - In order to confirm whether the vessel meets a minimum
tonnage of 5 net tons, you will need to include an affirmation as to its
dimensions. This typically comes from a Builder's Certification (CG-1261)
which is issued by the builder as a first assignment of title. If this is
not available, you can provide an Application for Simplified Measurement
form (CG-5397). You can also use it as a calculator in
determining the net and gross tonnage. Yachts measuring over 78 feet in
length will require a formal admeasurement as performed by an approved
measurement organization, a list of which can be found in the Referrals for
this page.
Build Affirmation - Although not required for
recreational vessels, evidence of United States construction must be
established for commercial endorsements. This may originate either from a
Builder's Certification or a formal letter from the respective builder
showing the required citations.
Evidence of Ownership - You will
need to provide a basis for your ownership by submitting the necessary items
in support thereof. These are detailed as shown in a following section of
this page.
Re-documentation
A vessel must be re-documented whenever ownership changes, upon alteration
of the vessel, a change in vessel name or hailing port, subsequent to an
expiration or to make any corrections in a previous application. Re-documentation is not required for changes of address.
Transfer of Ownership -
When re-documenting a vessel pursuant a change or transfer of ownership, the applicant
must provide a basis for the new documentation by submitting items in
evidence of ownership as prescribed by NVDC requirements. These are detailed
in the following section of this page.
Alteration of Vessel - If a
vessel has been altered beyond the dimensions previously affirmed, the owner
must apply for re-documentation. This must include a letter of explanation
and an Application for Simplified measurement.
Change of Status - Whenever there is a change in the vessel
specifications or the documentation status you will need to provide a letter
of explanation and any items supporting the change. The same applies to any
corrections that need to be made regarding a previous application.
Expired Documentation - In order to reinstate a documentation that has
expired beyond 30 days, the owner must re-submit an Application for
Documentation. There is a special box on the form that must be checked for
this purpose.
Evidence of Ownership
When applying an initial documentation or a re-documentation
pursuant a change of ownership, the applicant must provide evidence of
current equity standing. This may include a number of items as shown below,
some of which may require further instruments showing a nexus to the
applicant.
Assigned COD - A certificate of Documentation (COD) is now assignable
to a new owner by inserting such party's information on the reverse side.
The COD must be unexpired and the current owner's signature must be
notarized.
Owner of Record - Ownership may be transferred
directly from the last owner of record as shown on a documented vessel's
underlying abstract of title, even if the documentation has expired. This
will require a properly executed transfer instrument such as bill of sale,
deed of gift or transfer of interest. However, the NVDC will question this
method if too much time has passed since the ownership was recorded. You may
need to explain why it was not subsequently registered
elsewhere.
Builder's
Certificate - A builder's
certificate issued by the manufacturer of a new vessel that has been
assigned or transferred to your name will serve as evidence of ownership.
This is the best method because it also establishes the proper dimensions
and build evidence.
Manufacturer's
Statement of Origin - Although a manufacturer's statement of origin is
designed for state registrations, it will suffice as proof of
ownership for documentation purposes. However will not establish the
required
measurements and is not acceptable as build evidence.
State Title
Certificate - The NVDC will accept a state title in your name for
documentation purposes. However, it will not honor an assigned or released
certificate as this must be accompanied by an instrument of transfer to the
designated party.
Foreign Certificate - When placing a foreign registered vessel into
documentation, you will need to provide a copy of the current registry
certificate and evidence of removal. If not already in English, these will
need to be translated by an accredited translation service.
Foreclosure -
Applications for documented vessels that were foreclosed upon in a federal
court must be accompanied by a Sheriffs
Bill of Sale. Foreclosures in state level courts must be accompanied by a
court order. Non-judicial foreclosures must be accompanied by a affidavit of
repossession showing that it was performed in compliance with state regulations.
A copy of the respective statutes must be included.
Estates
- Applications for vessels sold through an estate must present the probate
court's letters showing an appointment of the authorized representative. In
cases where the deceased had a small estate with no will, the heir must
present evidence of compliance under the respective state regulations.
Transfer
Instrument - When the presented evidence of ownership is not under the
applicant's name, it must be accompanied by an instrument or instruments of
transfer establishing a nexus. Recordable transfer of ownership instruments include bills
of sale, deeds of gift, transfers of interest. These must contain certain
specific citations and the signatures must be notarized. Such examples can
be found in the References for this page. If notarized in a foreign country,
the notarization must be apostillized unless performed at a U.S. Consulate.
Mortgage and Lien Releases
In addition to evidence of ownership, an applicant may need to
substantiate the release of any encumbrances recorded against the
vessel.
Mortgages - The Coast Guard will not allow a transfer of
ownership or change in status on a documented vessel if it has an
outstanding mortgage recorded on its underlying abstract of title. If there
is an outstanding mortgage, you will need to provide a satisfaction or
release of said encumbrance. As an alternative, you can obtain a special consent form
from the mortgage allowing
the transfer or change to take place.
Claims of Lien - This type of recording
is technically known as a notice of claim of lien as recorded on a
documented vessel's abstract of title. As such, it is merely a notification
to the public that such a claim exists and is not a validation thereof. It
does not prevent a re-documentation. The documentation center will accordingly
ignore this when it comes to changes of ownership.
State Titles -
When documenting a vessel from a state title or registration certificate,
the NVDC will typically ignore the presence of a secured party. However,
this may not always be the case and it may be questioned by a processing
officer.
UCC
Recordings - Uniform Commercial Code filings filed against the subject
vessel are not typically a matter of concern as these do not perfect against
a documented vessel.
Supplemental Filings
In conjunction with a application for documentation, you may
submit some optional items for processing consideration or recordation upon
issuance of the certificate.
Recordable Instruments - Recordable
instruments such as mortgages may be filed simultaneously with an
application for documentation. This offers immediate perfection for a lender
even though not recorded until a later date.
Priority Handling Request - A priority request form
can be filed with an application if a certificate of documentation is
urgently needed when the vessel is going offshore
Waiver Request -
When certain shortcomings exist in any supplemental submissions, you may
file a written waiver request. The NVDC will take this under consideration and render an approval if the subject matter is deemed to be in substantial compliance with standard regulations.
Live-aboard Certification - Although a physical address is typically
required on an application form, the NVDC will accept a P.O. box or
alternative address where there is no permanent domain. In this case you
must provide a written live-aboard certification.
Completing the Application Form
An application for documentation form (CG1258) and instructions for completion can be found in the References for this page. It contains detailed instructions for each section. Keep in mind that the names and method of ownership on your documentation will be determined by that provided as evidence of ownership. The application merely calls for a managing owner's name which must be a party to the ownership.
Submitting The Application
Now that you have completed the application and other required forms, it is time to bundle everything up for transmittal to the National Vessel Documentation Center (NVDC). For this purpose, you should attach a cover sheet with your contact information, a list of your submissions and your method of payment. A fee schedule can be found on the documentation center's website along with a credit card payment form. This can also be found on the documentation center's website or you can choose to mail a check. The NVDC will now accept copies of all executed instruments, forms, and other items including a builder's certification. This means that in addition to regular mail or courier, you have the option of sending all items by email with no need to follow up by mailing the originals. Further guidelines for electronic filings can be found in the NVDC website.
Monitoring the Progress
Processing time can be a matter of weeks depending on the documentation center's pending backlog, the type of submissions, and whether any filing deficiencies have occurred. You can take comfort in the fact that a time and date stamp is placed on all of your recordable instruments immediately upon receipt by the documentation center. This ensures their rank and priority on the abstract of title, even though not actually recorded until a later date. In monitoring the progress of your transmittal you should first confirm that your items were actually received. You can do this and also get a sense of the overall time it will take to complete the processing by visiting the status check link in the NVDC website. You may also contact a documentation officer by telephone or email at any time if you have any concerns about the status of your application. If you receive a filing deficiency notification, everything goes back to the bottom of the queue until resolved. When your recording has been finalized, the documentation center will mail a new certificate of documentation to the address shown on your application.
Conclusion
When it comes to doing this yourself, it may seem like a lot to absorb. However, these subjects cover a wide range of circumstances where only a few will likely apply to your endeavor. The alternative lies in spending hundreds of extra dollars for professional assistance. These guidelines are provided as a supplement those presented on the National Vessel Documentation Center's website. As such, they are subject to change without notice and may be incomplete. You should contact a documentation officer about any such concerns.
References and Referrals
Comments - Suggestions - Corrections