Title 33 — Title 33

This chapter may be cited as the Uniform Certificate of Title for Vessels Act. History: (Act 2022-144, §1.)

(a) Unless subsection (c) applies, at or before the time the owner of record transfers an ownership interest in a hull-damaged vessel that is covered by a certificate of title created by the office, if the damage occurred while that person was an owner of the vessel and the perso…

(a) For each record relating to a certificate of title submitted to the office, the office shall: (1) ascertain or assign the hull identification number for the vessel; (2) maintain the hull identification number and all the information submitted with the application pursuant to …

(a) On creation of a written certificate of title, the office promptly shall send the certificate to the secured party of record or, if none, to the owner of record, at the address indicated for that person in the files of the office. On creation of an electronic certificate of t…

A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate. History: (Act 2022-144, §13.)

Possession of a certificate of title does not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate is not effective to determine possessory rights to the vessel. This chapter does no…

(a) Except as otherwise provided in this section or Section 33-5B-28, a security interest in a vessel may be perfected only by delivery to the office of an application for a certificate of title that identifies the secured party and otherwise complies with Section 33-5B-7. The se…

(a) Except as provided in subsection (b), a secured party indicated in the files of the office as having a security interest in a vessel shall deliver a termination statement to the office and, on request of the owner of record in a signed record, shall deliver a copy of the term…

(a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules apply: (1) If the certificate is a written certificate of title and the transferor’s interest is noted on the certificate, the transferor shall sign the certifica…

Except as otherwise provided in Section 7-9A-337, a certificate of title or other record required or authorized by this chapter is effective even if it contains incorrect information or does not contain required information. History: (Act 2022-144, §18.)

(a) In this section, “secured party’s transfer statement” means a record signed by the secured party of record stating: (1) that there has been a default on an obligation secured by the vessel; (2) that the secured party of record has exercised post-default remedies with respect …

(a) In this chapter, the following terms shall have the following meanings: (1) BARGE. A vessel that is not self-propelled or fitted for propulsion by sail, paddle, oar, or similar device. (2) BUILDER’S CERTIFICATE. A certificate of the facts of build of a vessel described in 46 …

(a) In this section: (1) “By operation of law” means pursuant to a law or judicial order affecting ownership of a vessel: (A) because of death, divorce or other family law proceeding, merger, consolidation, dissolution, or bankruptcy; (B) through the exercise of the rights of a l…

Without Certificate of Title. (a) Except as otherwise provided in Section 33-5B-19 or 33-5B-20, if the office receives, unaccompanied by a signed certificate of title, an application for a new certificate that includes an indication of a transfer of ownership or a termination sta…

(a) If a written certificate of title is lost, stolen, mutilated, destroyed, or otherwise becomes unavailable or illegible, the secured party of record or, if no secured party is indicated in the files of the office, the owner of record, may apply for and, by furnishing informati…

(a) A buyer in ordinary course of business has the protections afforded by Sections 7-2-403(2) and 7-9A-320(a), even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listing the buyer as owner of record was not created. (b) Except…

(a) Subject to subsection (b), the effect of perfection and nonperfection of a security interest and the priority of a perfected or unperfected security interest with respect to the rights of a purchaser or creditor, including a lien creditor, is governed by Title 7. For purposes…

(a) The office shall retain the evidence used to establish the accuracy of the information in its files relating to the current ownership of a vessel and the information on the certificate of title. (b) The office shall retain in its files all information regarding a security int…

(a) There shall be a fee of twenty dollars ($20) to be collected by the office for processing and issuing the required documents and performing the other duties required by this chapter in connection with each of the following transactions: (1) an application for a certificate of…

In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: (Act 2022-144, §27.)

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001, et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the…

(a) This chapter takes effect on January 1, 2024. (b) Except as provided in subsection (c), this chapter applies to any vessel for which this state is the state of principal use on or after January 1, 2024. (c) Except as provided in subsection (d), the provisions of this chapter …

Subject to Section 33-5B-28, this chapter applies to any transaction, certificate of title, or record relating to a vessel, even if the transaction, certificate of title, or record was entered into or created before January 1, 2024. History: (Act 2022-144, §3.)

The Department of Revenue may adopt rules for the implementation and administration of this chapter. History: (Act 2022-144, §30.)

Unless displaced by a provision of this chapter, the principles of law and equity supplement its provisions. History: (Act 2022-144, §4.)

(a) The law of the jurisdiction under whose certificate of title a vessel is covered governs all issues relating to the certificate from the time the vessel becomes covered by the certificate until the vessel becomes covered by another certificate or becomes a documented vessel, …

(a) Except as otherwise provided in subsections (b) and (c), the owner of a vessel for which this state is the state of principal use shall deliver to the office an application for a certificate of title for the vessel, with the applicable fee, not later than 20 days after the la…

(a) Except as otherwise provided in Sections 33-5B-10, 33-5B-15, 33-5B-19, 33- 5B-20, 33-5B-21, and 33-5B-22, only an owner may apply for a certificate of title. (b) An application for a certificate of title must be signed by the applicant and contain: (1) the applicant’s name, t…

(a) Unless an application for a certificate of title is rejected under subsection (c) or (d), the office shall create a certificate for the vessel in accordance with subsection (b) after delivery to it of an application that complies with Section 33-5B-7 and the applicable fee. (…

(a) A certificate of title must contain: (1) the date the certificate was created; (2) the name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the office; (3) the mailing address of the owner of r…