MCA Bill of Sale question

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jakeroyd

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I've just sold my boat which I believe is part 3 registered ie. It's on the SSR system.

I can find the MCA BoS on the mca's website and it is clear enough.
I understand the form itself and the charges.
I also of course have the encapsulated document listing me as the owner.
I know about 64ths here I have no problem.

My question is about the process.
Do I fill my bit in (witnessed) and then send the mca form and the owners certificate to the new owner. He then fills his bit in and sends the form plus the certificate plus the fee to the mca.

Have I got this right ?

TIA.

Ps . I have a copy of the mca form used when I bought her.
 
jakeroyd said:
I've just sold my boat which I believe is part 3 registered ie. It's on the SSR system.

I can find the MCA BoS on the mca's website and it is clear enough.
I understand the form itself and the charges.
I also of course have the encapsulated document listing me as the owner.
I know about 64ths here I have no problem.

My question is about the process.
Do I fill my bit in (witnessed) and then send the mca form and the owners certificate to the new owner. He then fills his bit in and sends the form plus the certificate plus the fee to the mca.

Have I got this right ?

TIA.

Ps . I have a copy of the mca form used when I bought her.
Click to expand...

you don't do any of that. The BofS is the evidence of title. You make it out tom the new owner and sign with witness yourself, then hand it over together with any other documents such as previous BofS, the builder's certificate and VAT receipt if you have it. You need do nothing with the SSR except notify them you no longer own the boat. It is up to the new owner to register on the SSR if he wishes as it is not compulsory.

The process is slightly different if it is on the Part 1 register as they will require sight of the documents if the new owner wants to register the change of ownership and his title.

If you are selling through a broker, he will normally do all this for you.
 
Thank you.
I'm not selling via a broker.
I thought the bos triggered the update of ssr anyway?.
Am I wrong?
 
The Bill of Sale is simply a document to transfer ownership between seller and buyer. If the boat is in Part III then the seller should inform the register of the sale and the buyer then registers the boat in their name (retaining the SSR number).
Even for the Part 1 register, the bill of sale forms the evidence of transfer of ownership and triggers nothing by itself: the new owner has to request that the vessel be transferred to his ownership on the register.
 
jakeroyd said:
Ok.
So should I not the buyer send my encapsulated vertificate back to the mca?
Click to expand...

It does not mean anything as it only identifies the boat as British. Has nothing to do with title. Notify the MCA so they can allocate the SSR number to the new owner if he applies.
 
jakeroyd said:
Ok.
So should I not the buyer send my encapsulated vertificate back to the mca?
Click to expand...

As Tranona has said you do not need to do anything more, it is up to the new owner if he want to re register the boat in his name (he may also want to change the name),

However I trust you filled it in correctly and had it witnessed, BUT you should not hand the mca bill of sale over until ALL the money is in your bank (best practice the same day)

I e-mail a copy then post the original as only then does the new buyer become the legal owner (not you) and after that point you are no longer responsible for the boat or its moorings,

also do not forget to inform your insurance company you are no longer the owner
 
Just to emphasise the point Caer Urfa made. The set of documents you hand over are the title to the boat and are exchanged, together with the keys in return for the money. With my last boat purchase, which was a new boat, but the principle is the same, we sat in the dealer's office waiting for the documents to arrive from Germany where the boat was ready to be loaded and as soon as the fax and email was received, handed over the documents for the boat I was part exchanging and transferred the funds from our bank to the seller, then received the documents for the new boat. I had already taken out insurance on the new boat.
 
Tranona said:
The set of documents you hand over are the title to the boat...
Click to expand...

You might well have added: "and remain so whether or not the MCA are even aware of their existence." In other words, the MCA is not the custodian of title, but merely records it under certain circumstances (of which SSR registration is not one). Not contradicting but emphasising, Tranona.
 
Thanks chaps , I think I get all of this.
1, had a look at the SSR process , this seems clear, it's here I return the certificate of registry.
2, still a bit unclear on the sequence of events with the MCA BoS but i am clear on how it's filled in.
I assume the buyer pays the fee?
3, The CG66 can just be edited to the new buyers details so any MMSI call will have the right info with it. (the radio is staying with the boat)
 
jakeroyd said:
Thanks chaps , I think I get all of this.
1, had a look at the SSR process , this seems clear, it's here I return the certificate of registry.
2, still a bit unclear on the sequence of events with the MCA BoS but i am clear on how it's filled in.
I assume the buyer pays the fee?
3, The CG66 can just be edited to the new buyers details so any MMSI call will have the right info with it. (the radio is staying with the boat)
Click to expand...

There is no fee to anybody in the circumstances of your sale. You can use either the RYA or the MCA BofS template. It is purely a medium for transferring title as a boat is just a chattel, that it has no separate recorded identity. No different from selling a bicycle or a television. The particular form used is just evidence that you had title and sold it on, so it serves as a record of title should it ever be challenged.

Fees only arise if the boat's title is registered on Part 1 and the new owner wishes to register his title, but this is not the case here.

It is up to the new owner to register on Part 3 if he wishes (it is not compulsory, and indeed he may not even qualify), register the VHF and MMSI, EPIRB (if there is one) with his details and if he wishes complete a CG66.

So, you do nothing but hand over all the relevant documents and (s)he does the rest.
 
jakeroyd said:
2. still a bit unclear on the sequence of events with the MCA BoS but i am clear on how it's filled in.
I assume the buyer pays the fee?
3. The CG66 can just be edited to the new buyers details so any MMSI call will have the right info with it. (the radio is staying with the boat)
Click to expand...

It's completed, signed, witnessed and handed over to the buyer at the point of sale. Unless an application for Part 1 registration is to be made, the MCA has not the remotest interest in it. And, even if they had, it would be the buyer's business rather than yours.
There is normally no fee for this (other than the price of the boat, of course).

3. The CG66 can just be edited to the new buyers details so any MMSI call will have the right info with it. (the radio is staying with the boat)[/QUOTE]

I suggest you leave it up to the buyer whether his boat remains on CG66. Handing him a print-out of your CG66 might be helpful to him, if you choose.
 
Last edited:
Sorry to be a bit thick here.
The boat is part 3 registered (ie. SSR)
It's clear how to update the new owners details.
However it also has an MCA BoS, (MSF 4705) with me as the owner.

Are we saying that the BoS is only used to make a formal record of the sale ie . all the 64/64ths but does not need to be sent to the MCA in Cardiff as it states on the MSF 4705

If the boat is Part 1 registered then the BoS does have to be sent together with the fee.

Do I have this correct gents please?
 
Sorry chaps I think you had pretty much answered my question whilst I was typing , so thank you.
I had confused the BoS and it's 'send to Cardiff' note with the fact that I had a certificate of british registry that is part 3 (SSR)

I understand now the MCA BoS is just a useful proforma and the RYA one can be used just as easily.
 
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