§ 75A-32 – Short title.
75A-32. Short title. This Article shall be known as the Vessel Titling Act. (1989, c. 739, s. 1; 2006-185, s. 2.)
§ 75A-33 – Definitions.
75A-33. Definitions. The definitions set forth in G.S. 75A-2 shall apply to this Article, unless the context clearly requires a different meaning. (1989, c. 739, s. 1; 2006-185, s. 2.)
§ 75A-34 – Who may apply for certificate of title; authority of employees of Commission.
75A-34. Who may apply for certificate of title; authority of employees of Commission. (a) Any owner of a motorized vessel or sailboat 14 feet or longer or any personal watercraft, as defined in G.S. 75A-13.3(a), that is applying for a certificate of number for the first time in this State pursuant to G.S. 75A-5(a), and […]
§ 75A-35 – Form and contents of application.
75A-35. Form and contents of application. (a) The owner or the owner’s attorney shall apply for a certificate of title for a vessel. The application shall contain the name, residence, and mailing address of the owner, the county where the vessel is taxed, proof of ownership, and a statement of all liens or encumbrances upon […]
§ 75A-36 – Notice by owner of change of address.
75A-36. Notice by owner of change of address. Whenever any person, after applying for or obtaining the certificate of title of a vessel, moves from the address shown on the application or certificate of title, that person shall, within 30 days of moving, notify the Commission of the change of address on a form acceptable […]
§ 75A-37 – Certificate of title as evidence; duration; transfer of title.
75A-37. Certificate of title as evidence; duration; transfer of title. (a) A certificate of title is prima facie evidence of the ownership of a vessel. A certificate of title shall remain in force for the life of the vessel. (b) Upon the sale, assignment, or transfer of a vessel for which a certificate of title […]
§ 75A-38 – Commission's records; fees.
75A-38. Commission’s records; fees. (a) The Commission shall maintain a record of any title it issues. (b) The Commission shall charge a fee of thirty dollars ($30.00) to issue a new or transfer certificate of title. The Commission shall transfer on a quarterly basis at least ten dollars ($10.00) of each new or transfer certificate […]
§ 75A-39 – Duplicate certificate of title.
75A-39. Duplicate certificate of title. The Commission may issue a duplicate certificate of title plainly marked "duplicate" across its face upon application by the person entitled to hold the certificate if the Commission is satisfied that the original certificate has been lost, stolen, mutilated, destroyed, or has become illegible. Mutilated or illegible certificates shall be […]
§ 75A-40 – Certificate to show security interests.
75A-40. Certificate to show security interests. The Commission, after receiving an application for a certificate of title for a vessel, shall, upon issuing the certificate of title to the owner, show upon the face of the certificate of title all security interests in the order of their priority as shown in the application. (1989, c. […]
§ 75A-41 – Security interests subsequently created.
75A-41. Security interests subsequently created. Except for security interests in vessels that are inventory held for sale, security interests created in vessels by the voluntary act of the owner after the original issue of title to the owner must be shown on the certificate of title. In such cases, the owner shall file an application […]
§ 75A-42 – Certificate as notice of security interest.
75A-42. Certificate as notice of security interest. A certificate of title, when issued by the Commission showing a security interest, shall be deemed adequate notice to the State, creditors, and purchasers that a security interest in the vessel exists. No other recording or filing of the creation or reservation of a security interest in the […]
§ 75A-43 – Security interest may be filed within 30 days after purchase.
75A-43. Security interest may be filed within 30 days after purchase. If application for the recordation of a security interest to be placed upon a vessel is filed in the principal office of the Commission within 30 days from the date of the applicant’s purchase of the vessel, it shall be valid to all persons, […]
§ 75A-44 – Priority of security interests shown on certificates.
75A-44. Priority of security interests shown on certificates. Except for security interests in vessels that are inventory held for sale, security interests shown upon the certificates of title issued by the Commission pursuant to applications for certificates shall have priority over any other liens or security interests against the vessel however created and recorded, except […]
§ 75A-45 – Legal holder of certificate of title subject to security interest.
75A-45. Legal holder of certificate of title subject to security interest. The certificate of title of a vessel shall be delivered to the person holding the security interest having first priority upon the vessel and retained by that person until the entire amount of the security interest is fully paid by the owner of the […]
§ 75A-46 – Release of security interest shown on certificate of title.
75A-46. Release of security interest shown on certificate of title. An owner, upon securing the release of any security interest upon a vessel shown upon the certificate of title issued for the vessel, may exhibit the documents evidencing the release, signed by the person or persons making the release, and the certificate of title to […]
§ 75A-47 – Surrender of certificate required when security interest paid.
75A-47. Surrender of certificate required when security interest paid. It is unlawful and constitutes a Class 1 misdemeanor for a secured party who holds a certificate of title as provided in this Article to refuse or fail to surrender the certificate of title to the person legally entitled to it within 10 days after the […]
§ 75A-48 – Levy of execution, etc.
75A-48. Levy of execution, etc. A levy made by virtue of an execution or other proper court order, upon a vessel for which a certificate of title has been issued by the Commission, shall constitute a lien, subsequent to security interests previously recorded by the Commission and subsequent to security interests in inventory held for […]
§ 75A-49 – Registration prima facie evidence of ownership; rebuttal.
75A-49. Registration prima facie evidence of ownership; rebuttal. A valid certificate of number issued under the provisions of this Chapter, or any similar document issued under the jurisdiction of any other state or country, shall be prima facie evidence of ownership of a vessel and entitlement to a certificate of title under the provisions of […]