• Chapter V Chapter V Other matters relating to registration

    • Article 18 — Registration requirements

      1. The Protocol and regulations shall specify the requirements, including the criteria for the identification of the object:
      (a) for effecting a registration (which shall include provision for prior electronic transmission of any consent from any person whose consent is required under Article 20);
      (b) for making searches and issuing search certificates, and, subject thereto;
      (c) for ensuring the confidentiality of information and documents of the International Registry other than information and documents relating to a registration.
      2. The Registrar shall not be under a duty to enquire whether a consent to registration under Article 20 has in fact been given or is valid.
      3. Where an interest registered as a prospective international interest becomes an international interest, no further registration shall be required provided that the registration information is sufficient for a registration of an international interest.
      4. The Registrar shall arrange for registrations to be entered into the International Registry data base and made searchable in chronological order of receipt, and the file shall record the date and time of receipt.
      5. The Protocol may provide that a Contracting State may designate an entity or entities in its territory as the entry point or entry points through which the information required for registration shall or may be transmitted to the International Registry. A Contracting State making such a designation may specify the requirements, if any, to be satisfied before such information is transmitted to the International Registry.

    • Article 19 — Validity and time of registration

      1. A registration shall be valid only if made in conformity with Article 20.
      2. A registration, if valid, shall be complete upon entry of the required information into the International Registry data base so as to be searchable.
      3. A registration shall be searchable for the purposes of the preceding paragraph at the time when:
      (a) the International Registry has assigned to it a sequentially ordered file number; and
      (b) the registration information, including the file number, is stored in durable form and may be accessed at the International Registry.
      4. If an interest first registered as a prospective international interest becomes an international interest, that international interest shall be treated as registered from the time of registration of the prospective international interest provided that the registration was still current immediately before the international interest was constituted as provided by Article 7.
      5. The preceding paragraph applies with necessary modifications to the registration of a prospective assignment of an international interest.
      6. A registration shall be searchable in the International Registry data base according to the criteria prescribed by the Protocol.

    • Article 20 — Consent to registration

      1. An international interest, a prospective international interest or an assignment or prospective assignment of an international interest may be registered, and any such registration amended or extended prior to its expiry, by either party with the consent in writing of the other.
      2. The subordination of an international interest to another international interest may be registered by or with the consent in writing at any time of the person whose interest has been subordinated.
      3. A registration may be discharged by or with the consent in writing of the party in whose favour it was made.
      4. The acquisition of an international interest by legal or contractual subrogation may be registered by the subrogee.
      5. A registrable non-consensual right or interest may be registered by the holder thereof.
      6. A notice of a national interest may be registered by the holder thereof.

    • Article 21 — Duration of registration

      Registration of an international interest remains effective until discharged or until expiry of the period specified in the registration.

    • Article 22 — Searches

      1. Any person may, in the manner prescribed by the Protocol and regulations, make or request a search of the International Registry by electronic means concerning interests or prospective international interests registered therein.
      2. Upon receipt of a request therefor, the Registrar, in the manner prescribed by the Protocol and regulations, shall issue a registry search certificate by electronic means with respect to any object:
      (a) stating all registered information relating thereto, together with a statement indicating the date and time of registration of such information; or
      (b) stating that there is no information in the International Registry relating thereto.
      3. A search certificate issued under the preceding paragraph shall indicate that the creditor named in the registration information has acquired or intends to acquire an international interest in the object but shall not indicate whether what is registered is an international interest or a prospective international interest, even if this is ascertainable from the relevant registration information.

    • Article 23 — List of declarations and declared non-consensual rights or interests

      The Registrar shall maintain a list of declarations, withdrawals of declaration and of the categories of non-consensual right or interest communicated to the Registrar by the Depositary as having been declared by Contracting States in conformity with Articles 39 and 40 and the date of each such declaration or withdrawal of declaration. Such list shall be recorded and searchable in the name of the declaring State and shall be made available as provided in the Protocol and regulations to any person requesting it.

    • Article 24 — Evidentiary value of certificates

      A document in the form prescribed by the regulations which purports to be a certificate issued by the International Registry is prima facie proof:

      (a) that it has been so issued; and
      (b) of the facts recited in it, including the date and time of a registration.

    • Article 25 — Discharge of registration

      1. Where the obligations secured by a registered security interest or the obligations giving rise to a registered non-consensual right or interest have been discharged, or where the conditions of transfer of title under a registered title reservation agreement have been fulfilled, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.
      2. Where a prospective international interest or a prospective assignment of an international interest has been registered, the intending creditor or intending assignee shall, without undue delay, procure the discharge of the registration after written demand by the intending debtor or assignor which is delivered to or received at its address stated in the registration before the intending creditor or assignee has given value or incurred a commitment to give value.
      3. Where the obligations secured by a national interest specified in a registered notice of a national interest have been discharged, the holder of such interest shall, without undue delay, procure the discharge of the registration after written demand by the debtor delivered to or received at its address stated in the registration.
      4. Where a registration ought not to have been made or is incorrect, the person in whose favour the registration was made shall, without undue delay, procure its discharge or amendment after written demand by the debtor delivered to or received at its address stated in the registration.

    • Article 26 — Access to the international registration facilities

      No person shall be denied access to the registration and search facilities of the International Registry on any ground other than its failure to comply with the procedures prescribed by this Chapter.