Title 12, Conservation And Resources

[§200A-13] Effect of certificate of title. A certificate of title is prima facie evidence of the accuracy of the information in the record that constitutes the certificate. [L 2018, c 46, pt of §1]

[§200A-14] Effect of possession of certificate of title; judicial process. Possession of a certificate of title shall not by itself provide a right to obtain possession of a vessel. Garnishment, attachment, levy, replevin, or other judicial process against the certificate shall n…

[§200A-15] Perfection of security interest. (a) Except as otherwise provided in this section or section 200A-28, a security interest in a vessel may be perfected only by receipt by the department of an application for a certificate of title that identifies the secured party and o…

[§200A-16] Termination statement. (a) A secured party indicated in the department's files as having a security interest in a vessel shall deliver a termination statement to the department and, on the debtor's request, to the debtor, by the earlier of: (1) Twenty days after the se…

[§200A-17] Transfer of ownership. (a) On voluntary transfer of an ownership interest in a vessel covered by a certificate of title, the following rules shall apply: (1) If the certificate is a written certificate of title and the transferor's interest is noted on the certificate,…

[§200A-18] Effect of missing or incorrect information. Except as otherwise provided in section 490:9-337, a certificate of title or other record required or authorized by this chapter shall be effective even if it contains incorrect information or does not contain required inform…

[§200A-19] Transfer of ownership by secured party's transfer statement. (a) As used 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) Th…

[§200A-2] Definitions. (a) As used in this chapter, unless the context otherwise requires: "Barge" means a vessel that is not self propelled or fitted for propulsion by sail, paddle, oar, or similar device. "Builder's certificate" means a certificate of the facts of build of a ve…

[§200A-20] Transfer by operation of law. (a) As used in this section: "By operation of law" means pursuant to a law or judicial order affecting ownership of a vessel: (1) Because of death, divorce, or other family law proceeding; merger; consolidation; dissolution; or bankruptcy;…

[§200A-21] Application for transfer of ownership or termination of security interest without certificate of title. (a) Except as otherwise provided in section 200A-19 or 200A-20, if the department receives, unaccompanied by a signed certificate of title, an application for a new …

[§200A-22] Replacement certificate of title. (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 department's files, the owner of record…

[§200A-23] Rights of purchaser other than secured party. (a) A buyer in ordinary course of business has the protections afforded by sections 490:2-403(2) and 490:9-320(a) even if an existing certificate of title was not signed and delivered to the buyer or a new certificate listi…

[§200A-24] Rights of secured party. (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, …

[§200A-25] Duties and operation of department. (a) The department 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 department shall retai…

[§200A-26] Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. [L 2018, c 46, pt of §1]

[§200A-27] Relation to the Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, title 15 United States Code section 7001 et seq., but does not modify, limit,…

[§200A-28] Savings clause. (a) The rights, duties, and interests flowing from a transaction, certificate of title, or record relating to a vessel that was validly entered into or created before July 1, 2018, and would be subject to this chapter if it had been entered into or crea…

[§200A-29] Rules. The department may adopt rules in accordance with chapter 91 to effectuate this chapter. [L 2018, c 46, pt of §1]

[§200A-3] Applicability. Subject to section 200A-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 July 1, 2018. [L 2018, c 46, pt of §1]

[§200A-4] Supplemental principles of law and equity. Unless displaced by any provision of this chapter, the principles of law and equity shall supplement the provisions of this chapter. [L 2018, c 46, pt of §1]

[§200A-5] Law governing vessel covered by certificate of title. (a) The local 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 b…

[§200A-6] Certificate of title required. (a) Beginning July 1, 2018, and except as otherwise provided in subsections (c) and (d): (1) The owner of a vessel that does not have a valid certificate of number pursuant to section 200-31 or a valid certificate of title pursuant to this…

[§200A-7] Application for certificate of title. (a) Except as otherwise provided in sections 200A-10, 200A-15, 200A-19, 200A-20, 200A-21, and 200A-22, only an owner may apply for a certificate of title. (b) An application for a certificate of title shall be signed by the applican…

[§200A-8] Creation and cancellation of certificate of title. (a) Unless an application for a certificate of title is rejected under subsection (c) or (d), the department shall create a certificate for the vessel in accordance with subsection (b) no later than sixty days after del…

[§200A-9] Content of certificate of title. (a) A certificate of title shall 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 department's files…