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LEGAL FORMS PACKAGES
BACKGROUND REPORTS
BOAT WEAR ONLINE
BOATER EXAM
VESSEL RECORD SEARCH
VESSEL TITLE SERVICES
OWNER MAILING LISTS |
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Can I
convert a documented boat to a state title? -
Any Coast Guard documented vessel that is used exclusively for
recreational purposes can be converted to a state title
or registration. However, it must first be removed from
documentation and the respective state will require a Coast Guard
certification to this effect.
Can
I file a claim on a state titled boat? - As a
general rule, claims can not be arbitrarily filed or recorded against a state
titled boat without the owner's written consent. The title
would then have to be reissued with the claimant shown as a secured party
or legal owner. Action to collect on a non-recorded claim must
typically be implemented under state summary lien foreclosure regulations or
dealt with as a
judicial matter.
Can I operate my boat while waiting for the registration?
- Law enforcement officials are generally aware of the time
lapse that occurs while waiting for the issuance of a state
registration or title certificate. You should accordingly gather up
copies of any previous registration or title documents and transfer
instruments such as a bill of sale or title release. If you carry
these on the vessel along with copies of any applications made for
re-registration or titling, they may be sufficient for temporary
operating purposes. However, you should keep in mind that acceptance
of such items will be subject to jurisdictional discretion. You should
accordingly check
with the appropriate boating enforcement officials for the area in which you
will be operating.
Can I
register a boat with no hull identification number? - Most
registration agencies will require a hull identification number when
applying for a state boat title or registration. However, they do have the capability of issuing state assigned
hull identification numbers if none is present on the boat. These come in the form of a decal which
must be affixed to the stern. If the boat was manufactured after
1976, you will need to satisfy the state as to why no hull number
exists and an inspection may be required.
Can I register a
boat or yacht in Delaware to avoid taxes?
- Delaware boat and yacht registration is a worldwide
phenomenon because of their relaxed registration and revenue
requirements. This state does not levy sales, excise, or personal
property taxes on boats. Accordingly, many boat owners form entities
such as corporations in Delaware to establish in-state residency for
boat registration purposes. However, there are several caveats that
owners should be aware of when pursuing this course of action. The
"Delaware Yacht Registration" link shown below offers more insight
into registering your boat or yacht in the State of Delaware.
Can my dealer or broker issue a temporary boat registration?
- Boat dealers can typically issue a temporary registration
when selling a new boat or a used boat from inventory.
However, this may not always be the case with a broker as some
states do not require them to become involved in the registration
process.
Do all states issue boat
titles? - Although all states issue boat
registration certificates, there are a number that do not issue boat
titles. In these cases, the state registration certificate will
typically substitute as proof of ownership when the boat is not
Coast Guard documented or otherwise titled.
Do I need
to state register a documented vessel? - It all
depends on the respective state's registration requirements. Some
states exempt documented vessels from registration, others do not.
In any event, a documented vessel can not hold a state boat title.
Federal regulations prohibit dual titling of documented vessels, but
do not look upon state registration certificates as titles.
How
can I find the owner of a state registered boat? -
Although some state boat registration agencies are quite free with
ownership information, others may require that you request such
information in writing with an explanation regarding the nature of
your inquiry. The adoption of very strict personal information
disclosure rules is becoming ever more common among various boating
jurisdictions. Our Vessel Record Search service will provide a
state-by-state listing of ownership name and address disclosure
requirements, data links, request forms, and contact information.
How can I obtain historical information on a state registered boat?
- The length of time in which historical or previous ownership
information is maintained for boats will vary with each state. The
manner in which such records are kept may include file folders,
microfiche, and electronic media storage. You will need to contact
the respective boat registration agency for information on how to go
about obtaining copies or print-outs of any prior records. In some
cases, this may entail the current owner's authorization due to
public disclosure regulations.
How
do I enforce my lien on a state titled or registered boat?
- Recording a boat lien is one thing, enforcing it is another
matter altogether. Most states have procedures which allow marinas,
boat yards, and other vendors to sell the boat for delinquent
charges without recording a claim or going to court. However, this
only applies if the boat is still in their possession. Otherwise, it
will be necessary to obtain a court order in order to take any
action in foreclosure. There are also issues to consider if there
are any outstanding lien or security recordings in addition to that of
the claimant's. In any event, the services of an attorney should be
enlisted to protect against backlash from the boat's owner for
conducting an improper foreclosure.
How
do I pass boat ownership from a non-title state? -
Boat registration certificates issued in non-title states will serve
the same purpose as a title if the vessel is not Coast Guard
documented. When transferring ownership, the new owner should be
handed the current registration certificate. If this does not
contain an assignment area for the new owner, a notarized bill of
sale can be used instead. Although such
registrations are not titles, they will be accepted as such in by other jurisdictions as proof of
ownership.
How do I register a
leased vessel or boat? - In long term boat lease
situations, the lessee is typically listed as the registered owner.
The lessor is then listed on the title as the legal owner or a UCC
security interest is recorded in registration only states.
Some states have provisions for designating lease arrangements on
the boat title or registration records. If the boat is Coast Guard
documented, the lessor can remain as the owner of record or transfer
ownership to the lessee and then take back a first preferred
mortgage. Vessel or boat lease arrangements should be reviewed by an
attorney as there are not only implications of liability, but issues
regarding how the lessor reclaims title upon a default.
How do I register an abandoned boat?
- Requirements for registering or titling an abandoned boat
will vary according to the rules and regulations of each respective
jurisdiction. In many states there will be a defined set of
procedures which dictate the steps that must be followed in order to
dispose of an abandoned boat. A title and/or registration can thus
be attained when it is demonstrated that such steps were properly
implemented. In some states, such action must be approved and
authorized by a court of law. It should be noted that passage of
title for Coast Guard documented vessels may fall within the realm
of federal maritime jurisdiction under these conditions. There is
also a matter of lien extinguishment which may not apply where title
is passed under non-judicial procedures.
How do I register a used boat with no prior title or registration?
- Each state has its own rules for dealing with used boats
where no prior title or registration can be found. These may include
bonded titling, conditional registrations, or abandoned boat
procedures. If nothing else, it may be necessary to petition a court
of proper jurisdiction for an award of ownership. You should check
with the boat registration agency of the state in question to
determine the options.
How do I search for
registration liens on boats? - If the boat is not U.S.
Coast guard documented and registered in a non-title state, you
should conduct a Uniform Commercial Code search under the registered
owner's name. If the boat is state titled, you can inspect the title
and current registration certificate for secured parties or legal
owners. In doing so, you should also contact the respective titling agency to confirm such
information. Although a few states offer this information online,
such access is generally restricted due to disclosure rules. On Coast Guard documented vessels, you must obtain an
abstract of title to identify any outstanding liens or encumbrances.
How does
the state value my boat for tax purposes? -
Methods for evaluating boat values can vary widely depending on the
respective state's policies. If a sale has just occurred, you may
need to provide a bill of sale, purchase agreement, or some other
evidence showing the purchase price. In some cases you can merely
provide a written declaration of value. This may not may not be
further questioned if the dollar amount appears to be within reason.
Many states will also compare or establish boat values through
published media such as NADA or BUC guides. You will need to
contact the appropriate registration or tax agency to determine
their exact method for determining tax evaluations.
How long can my boat remain in a state while under repair?
- Most states have provisions for extending a visitation grace
period while a boat is under repair. However, the boat must
typically remain in a dry-dock repair yard and out of the water
during this period. Special permits must also be obtained in some
cases depending on the state. You should contact the respective
department of revenue or tax department for a definitive ruling on
your own particular circumstances.
Is
U.S. citizenship required for registration or titling? - Citizenship is not a issue for state level
boat registration and titling. Residency is not typically required
of foreign owners either, but the boat must be located within the
respective state.
Is registration required on foreign vessels?
- Most states do not require registration of foreign owned
vessels if they are currently registered in the respective country
and are operating under a valid U.S. customs cruising permit.
However, this can vary and the local rules should be checked if the
visitation extends beyond that allowed for domestic reciprocity.
Must I notify the state upon transferring my ownership?
- Most states require that you submit a written report upon
transferring ownership of your boat. Such report must usually be
filed within 15 days of the occurrence. There is also a good
practical reason for doing this as it removes your name from public
record as the current owner.
Must I pay boat taxes if I reside in a different state? -
If your boat is to remain in a particular state over a certain
period of time, it will likely become subject to taxes and
registration requirements. The owner's place of residency is not a
determining factor. Most states allow a free visitation period which
usually ranges fro 30 to 90 days. You should contact the respective
boat licensing or state revenue agency for up-to-date information in
this regard.
Must my
dealer or broker register the boat? - When
selling new boats or used boats from inventory, the dealer is
typically required to complete the state level registration process
on your behalf. However, this may not be the case with a
broker who is selling the boat on behalf of another party.
Only a few states require brokers to complete the registration. In
most cases you are on your own with regard to titling or registering
the boat in your name.
Should I accept a boat title or registration at face value?
- It is always a good practice to verify a boat registration
or title certificates with the issuing agency. The one you are being
presented with may not be the latest issue or reflect certain
restriction flags placed on the state's record database. In some
states, tax liens are flagged in the state's boat title or
registration database but are not shown on the certificates. In
these cases, you will be unable to re-register the boat until such
liens are paid.
What is the difference between
boat registration and
titling? - Boat registration certificates are just
like those issued for a vehicle in that they must be renewed and are
replaced on a periodic basis. On the other hand, boat titles are
issued on a one time basis and are not replaced until there is a change in the
registered or legal ownership. Registration certificates must be kept on
the boat during its operation, but the title is held by the
registered or legal owner for safekeeping. The confusing aspect of
boat registration is that not all states issue boat titles as they
would for a vehicle. Under these circumstances, the registration
certificate acts as a quasi-title because it is generally accepted
as proof of ownership. This is assuming of course, that the boat has
not been awarded a certificate of documentation by the U.S. Coast
Guard which would then become the title. Please visit our Boat
Registration Summary for a list of states which do not provide boat
titles.
What exactly is state registration
for boats? -
Boat
registration is the the process by which boats and watercraft are
listed on the records of the state where they will be principally
operated. Upon payment of the registration fees and any related
taxes, the state registration agency will issue a registration
certificate. These must be renewed or replaced on a one to three
year basis depending on the state. Replacement certificates issued
upon each renewal and new color coded tabs or stickers are awarded
for that period. On a first time registration, the state will also
assign a registration number which must be permanently affixed to
the boat adjacent to the tabs. Although registration certificates can serve as proof of ownership
when issued by a non-title state, they should not be confused with a
state title certificate or a Coast Guard certificate of
documentation. |
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