Following the issuance of Merchant Shipping Notice 206 by Transport Malta, the Malta Ship Registry has introduced a practical alternative to the traditional Apostille and consular legalisation requirements for foreign documents.
In essence, the Registry may now accept certain foreign-executed documents without Apostille or legalisation, provided that a Maltese shipping professional files a signed Declaration of Authenticity confirming that the foreign professional who signed the document is duly authorised to do so.
This applies to documents originating both inside and outside the EU and is entirely at the Registry’s discretion.
What this changes in practice
Anyone involved in Malta ship transactions knows that obtaining Apostilles is often one of the main causes of delay in, ship and mortgage registrations and corporate filings for ownership structures.
Notice 206 offers a way around that bottleneck.
Instead of waiting days for legalisation formalities in foreign jurisdictions, a Maltese Advocate, Notary, CPA or Auditor may now assume responsibility for verifying the foreign signatory and issue and sign a Declaration of Authenticity to the Registry.
This effectively shifts the burden of verification from a formal state legalisation process to a professional due diligence exercise carried out locally in Malta.
Due diligence is now the key step
Notice 206 makes it clear that this is not a “rubber stamp” exercise.
Practitioners are expected to verify the foreign professional by, for example:
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checking professional warrants or licences,
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consulting official professional registers,
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contacting competent authorities where necessary, and
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keeping proper records of the checks carried out.
In other words, the Registry is replacing Apostille formalities with reliance on Maltese professional responsibility.
Importantly, this procedure is optional. Parties may still opt for Apostille or consular legalisation where preferred, particularly in higher-risk or unfamiliar jurisdictions.
Why this matters for the industry
For shipowners and service providers using the Malta Ship Registry, this is a very practical development. This measure reduces, transaction delays, courier and legalisation costs.
In many cases, documents that previously held up a filing purely due to Apostille timing can now be accepted immediately, provided the Declaration is in place.
For busy maritime practices, this is likely to become the preferred route for routine cross-border documentation.
How BDO can help:
BDO provides comprehensive support to clients involved in Malta shipping and corporate structures, assisting throughout the incorporation, registration and ongoing compliance process. Our multidisciplinary team, including legal professionals, certified public accountants and auditors, can assist clients in navigating the requirements introduced under Merchant Shipping Notice 206, including the due diligence and verification procedures associated with foreign documents submitted to the Malta Ship Registry.
We also assist clients with company formation in Malta, corporate structuring, tax and VAT compliance, licensing and banking assistance, substance and operational set-up, and ongoing corporate advisory. Our integrated approach helps ensure that transactions are handled efficiently, compliantly and with minimal disruption to operational timelines.