ACT No. XXIV of 2011 AN ACT to amend the Notarial Profession and Notarial Archives Act, Cap. 55.

I assent.

A NTON T ABONE

(L.S.)

Acting President

16th December, 2011

ACT No. XXIV of 2011

AN ACT to amend the Notarial Profession and Notarial

Archives Act, Cap. 55.

BE IT ENACTED by the President, by and with the advice and

consent of the House of Representatives, in this present Parliament

assembled, and by the authority of the same, as follows:-

(1) The short title of this Act is the Notarial Profession

and Notarial Archives (Amendment) Act, 2011, and this Act shall be

read and construed as one with the Notarial Profession and Notarial

Archives Act, hereinafter referred to as "the principal Act".

(2) This Act shall come into force on such date as the Minister

responsible for notarial affairs may by notice in the Gazette establish,

and different dates may be so established for different provisions and

different purposes thereof.

(3) The Minister responsible for notarial affairs may also by

notice in the Gazette establish which provisions of this Act and which

different purposes thereof shall apply to notarial acts published before

the coming into force of different provisions thereof.

The table entitled "Arrangement of Act" appearing Amendment of

immediately before article 1 of the principal Act shall be amended as Arrangement

Act of the

principal Act.

(a)

immediately after Title IV of Part II there shall be

added the following

"Title V

Of Notarial Deposit Accounts

24A"

(b) for the words "Of Copies and Extracts" in Title III of

Part III there shall be substituted the word "Of Copies, Extracts

and Declarations";

(c)

immediately after Title V of Part III there shall be

added the following

"Part IIIA Of Notarial Trust Deeds and

Private Foundations

84A-84B

Part III

Of the Examination of Title 84C"; and

(d) immediately after Part IV there shall be added the

following

"Part IVA Of the Review of Notarial

Acts

94A-94B"

Article 2 of the principal Act shall be amended as follows

Amendment of

article 2 of the

principal Act.

(a) paragraphs (i) and (j) of sub-article (2) thereof shall

be substituted by the following

"(i) to act as mediators;

(j) ex officio to act as Commissioners for

Oaths for the purposes of the Commissioners

for Oaths Ordinance;

(k) generally, to exercise such other

powers as are assigned to them by law.".

(b) immediately after sub-article (2) thereof, there shall

added the following new sub-articles

"(3) Notaries are empowered to draft private

writings containing agreements that purport to create legal

rights and obligations between third parties.

(4) Notaries are empowered to examine title to

immovable property in terms of article 84C.".

Sub-article (1), including the proviso thereto, of article 3 of

the principal Act shall be substituted by the following

"(1)

No person may practise as a notary if

(a) he holds the warrant of advocate or legal

procurator;

(b)

he is a bank manager;

(c)

he is an estate agent or similar broker;

(d) he is a partner in a commercial partnership or

a director or shareholder in a limited liability company

whose principal service is estate agency

Provided that the President of Malta may authorize such

person to practise as a notary on his surrendering the said

warrant or on his ceasing to be such manager, estate agent,

broker, partner, director or shareholder.".

Article 4 of the principal Act shall be substituted by the

following

"4. (1) The Chief Notary to Government shall in

January of each year post on one of the Government websites

the lists mentioned hereunder which he shall update from time

to time as the need arises

(a) the names of the notaries practising their

profession in Malta and Gozo;

(b) the names of notaries who are the keepers of

the acts of deceased notaries or of notaries who have

ceased to practise their profession, together with the names

of the notaries whose acts are so kept.

(2) Whenever the Chief Notary posts or updates the lists

in terms of this article, he shall make a print-out thereof stating

thereon the date and time of the print-out which he shall sign

and preserve in a register for the purpose. The print-out and any

copy thereof duly authenticated by the Chief Notary or a Notary

to Government shall be evidence of its contents for any purpose

of law.

(3) The Minister responsible for notarial affairs may

make regulations prescribing the manner in which such lists and

their updates are to be drawn up.".

Article 5 of the principal Act shall be amended as follows

Amendment of

article 5 of the

principal Act.

(a)

sub-article (2) thereof shall be renumbered sub-

article (3);

(b) immediately after sub-article (1) thereof, there shall

be added the following new sub-article

"(2) For the purposes of sub-article (1),

"Malta" shall have the meaning assigned to it in

the Interpretation Act and shall also mean the

premises housing Maltese high commissions,

embassies and consulates, and Maltese

registered ships and aircraft.";

(c)

immediately after sub-article (3) thereof, as

renumbered, there shall be added the following new sub-

articles

"(4) Any person who, not being one whose name

has appeared in the Gazette in terms of sub-article (1),

assumes the designation of Notary or in any manner

purports to be entitled to practise the profession of a

Notary Public in Malta, shall be guilty of an offence under

this Act and shall, on conviction, be liable to a fine (multa)

of not less than one thousand euro (€1,000) but not more

than five thousand euro (€5,000), and in respect of a

second or subsequent conviction to imprisonment for a

term not exceeding three months or to both such fine and

imprisonment.

(5) The provisions of sub-article (4) shall also

apply to a person who has ceased to practise his profession

in terms of article 14(1).".

Article 6 of the principal Act shall be substituted by the Substitution of

article 6 of the

following

principal Act.

"6. (1) No person shall be appointed as a notary, unless -

(a) he is a citizen of Malta or of a Member State

of the European Union or of a State of the European

Economic Area: provided that a State of the European

Economic Area means Iceland, the Principality of

Liechtenstein and the Kingdom of Norway;

(b)

he is of good conduct and good character;

(c) he has obtained the Doctorate of Laws from

the University of Malta after having followed a course

which includes appropriate study-units in notarial studies

as prescribed by the relevant statutes, regulations and bye-

laws of the University of Malta;

(d) he has been a trainee at the office of a notary

for a continuous period of not less than two years prior to

the date when the qualifying examination is held in terms

of article 7, provided that if he has been a trainee with one

notary and has continued his traineeship with another

notary or notaries, the aggregate period shall be taken into

account

Provided further that the notary or notaries with

whom the period of traineeship is conducted shall have

practised their profession in Malta for at least ten years

Provided further that such period of traineeship did

not commence earlier than four years prior to the date

when such qualifying examination is held;

(e) he is fully conversant with written and spoken

Maltese and English; and

(f) he has passed the qualifying examination held

in terms of article 7.

(2) The Minister responsible for notarial affairs shall,

after consulting the Notarial Council and the Board mentioned

in article 7, make regulations determining the manner in which

the requisites laid down in sub-article (1)(a) to (e) are proved.".

Article 7 of the principal Act shall be substituted by the

following

"7. (1) The Minister responsible for notarial affairs shall

in November of each year appoint for a period of twelve months

a Board of Examiners composed of the retired Judge or retired

Magistrate or retired advocate ordinarily presiding the Court of

Revision of Notarial Acts, the Chief Notary to Government, a

practising notary proposed by the Notarial Council and two

other practising notaries

Provided that no notary shall sit on the Board unless he has

practised his profession for at least ten years.

(2) The Board shall hold the qualifying examination

mentioned in article 6(1)(f) after ascertaining that the requisites

of paragraphs (a) to (e) thereof have been satisfied, and it shall

also carry out any other function assigned to it by this Act and

any other law.

(3) Subject to the provisions of this Act and any

applicable regulations, the Board shall regulate its own

procedure.

(4) The notary at whose office a candidate satisfied the

requirements of article 6(1)(d), any associate of such notary and

any notary who provides services from the same office shall not

sit on the Board. If the candidate undertook his traineeship with

more than one notary, the provisions of this sub-article shall

apply to the notaries with whom the traineeship took place, their

associates and other notaries who provide services from the

same office.

(5) No person may sit on the Board if he is the spouse of

or is related to any of the candidates by consanguinity or affinity

in the direct line up to any degree or in the collateral line up to

the third degree inclusively, or if there is a manifest conflict of

interest.

(6) Where the retired Judge or retired Magistrate or

retired advocate ordinarily presiding the Court of Revision of

Notarial Acts or the Chief Notary to Government is disqualified

to sit on the Board, or if he is unable or unwilling to do so, the

Minister responsible for notarial affairs shall appoint, as the

case may be, another retired Judge or retired Magistrate or

retired advocate or one of the notaries in Government

employment.

(7) Where the Notarial Council fails to propose a notary

for appointment on the Board within fifteen days of receiving a

request to do so, the Minister responsible for notarial affairs

shall proceed to appoint a practising notary of his choice.

(8) Where a member of the Board resigns or becomes

disqualified to continue sitting on the Board, the Minister

responsible for notarial affairs shall substitute such member in

the shortest possible time, so however that his term of

appointment shall be for the period as yet unexpired for which

the member who resigned or became disqualified had been

appointed, and where applicable the provisions of sub-articles

(6) and (7) shall apply mutatis mutandis.

(9) Members of the Board shall be paid an honorarium to

be fixed by regulations made by the Minister responsible for

notarial affairs under this article.".

Article 8 of the principal Act shall be substituted by the

following

" The

8. (1) The qualifying examination

qualifying

shall be held in March of each year.

examination.

(2) A person who satisfies or, by the

time the qualifying examination is held, will

have satisfied the requisites of article 6(1)(a)

to (e) may apply to sit for the examination on

paying the prescribed fee.

(3) The qualifying examination shall

consist of one or more written papers, and it

may be held on one or more dates. The Board

shall also hold an oral examination within two

months from the date of the last written

examination.

(4) Candidates shall be examined on the

formalities of notarial acts, fiscal laws

associated with the transfer of immovable

property, the laws of registration, the law and

practice regarding examination of title to

immovable property, applications to a Court of

Voluntary Jurisdiction, professional ethics,

and any other aspect of substantive and

procedural law relative to the notarial

profession.

(5) A majority of votes of the examiners

is necessary for a candidate to pass the

examination.

(6) A pass in the qualifying examination

shall be valid for a period of five years from

the date of the report submitted in terms of

article 9(1).

(7) Subject to the provisions of this

article, in case of failure a candidate shall have

the right to be admitted once to the qualifying

examination held on the following or any

subsequent year.".

Article 9 of the principal Act shall be substituted by the Substitution of

article 9 of the

following

principal Act.

"9. (1) Where a candidate passes the qualifying

examination, the Board of Examiners shall report this to the

Minister responsible for notarial affairs who shall, subject to

such candidate complying with the provisions of article 10,

submit his name to the President of Malta for appointment as

notary public.

(2) Where a successful candidate does not comply with

the provisions of article 10 he may, when he so complies and

provided the time referred to in article 8(6) has not elapsed,

apply to the Minister responsible for notarial affairs requesting

him to submit his name to the President for appointment as

notary public.".

Article 10 of the principal Act shall be amended as Amendment of

article 10 of the

follows

principal Act.

(a)

the present provision shall be renumbered as sub-

article (1) thereof;

(b) immediately after paragraph (c) of sub-article (1)

thereof, as renumbered, there shall be added the following new

paragraphs

"(d) submit to the Notarial Council proof that he

has adequate insurance cover for professional liability;

(e) submit to the Notarial Council the personal

details and other information required by regulations made

by the Minister responsible for notarial affairs after

consulting the Notarial Council."; and

(c)

immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) A notary shall not enter upon the exercise of

his functions before notice of his appointment has been

published in the Gazette in terms of article 5(1).".

Immediately after article 10 of the principal Act there shall

Addition of new

articles to the

be added the following new articles

principal Act.

" Insurance.

10A. (1) It shall be the responsibility of

every notary, except those referred to in article

22, to be adequately insured against all risks of

professional liability during the time he is

exercising his profession. The insurance

company providing such insurance shall each

year issue a certificate to the notary attesting

that he is covered in terms of this sub-article.

(2) A notary may apply to the Court of

Revision of Notarial Acts to exempt him from

the provisions of sub-article (1) for any

particular calendar year.

(3) The Minister responsible for notarial

affairs may, after consulting the Notarial

Council, make regulations -

(a)

to specify the criteria which

insurance companies shall take into

account when providing the cover

referred to in sub-article (1), and

(b) to indicate the cases where

and the conditions under which the Court

of Revision may exempt notaries from

the provisions of sub-article (1).

10B. (1) A notary whose name/

Change in

name/

surname has changed either by court order,

surname.

which has become final, or through marriage

shall, not later than two months from the date

of such court order or the celebration of the

marriage, file a note in the Court of Revision

of Notarial Acts informing the court of such

change and shall also write his specimen

signature in the book at the Attorney General’s

office referred to in article 10(1)(b). The note

shall be served on the Chief Notary to

Government and on the President of the

Notarial Council.

(2) The Chief Notary to Government

shall forthwith cause the note to be published

in the Gazette and he shall update the

electronic list mentioned in article 4(1))(a).

(3) A notary who publishes a notarial

act before the note appears on the Gazette in

terms of this article shall be liable to a fine

(ammenda) of five hundred euro (€500) for

each act so published.

(4) The Notarial Council shall ensure

compliance with the provisions of this article

and may apply to the Court of Revision to

order the notary to comply and/or to award the

appropriate disciplinary punishment.".

Article 12 of the principal Act shall be substituted by the Substitution of

article 12 of the

following

principal Act.

"12. It shall not be lawful for any notary to receive any

act -

(a) which is expressly prohibited by law or

manifestly contrary to good morals or to public policy;

(b) if any of the parties thereto is the notary’s

spouse or is related to the notary by consanguinity or

affinity in the direct line in any degree or in the collateral

line up to the third degree inclusively;

(c) (i) which, being a will, contains any

disposition in favour of the receiving notary, or any of the

persons mentioned in paragraph (b), unless such

disposition is allowed by law or is contained in a secret

will not written by the notary or by any of the persons

mentioned in that paragraph, and delivered to him sealed

by the testator

Provided that the appointment of the notary,

receiving a will wherein a testamentary trust is created, as

trustee or protector shall not be interpreted to be a

disposition in favour of the receiving notary;

(ii) which, being an inter vivos act, contains

any provision concerning the receiving notary or any of the

persons referred to in paragraph (b), unless such provision

is required or allowed by law;

(d) if any of the parties thereto is by the

competent authority restrained from entering into contracts

or disposing of his property, provided such act is affected

by the terms of the inhibition, notified to the notary in

accordance with article 527 of the Code of Organization

and Civil Procedure;

(e) if any of the parties thereto is represented by

an agent or other representative who is any of the persons

referred to in paragraph (b)

Provided that the provisions of this paragraph shall

not apply to a physical person’s mandatary who declares

that he is any of the persons referred to in paragraph (b)

and none of the other appearers on the act objects to the

mandatary appearing thereon in such a capacity, and

provided that the notary records therein the relevant facts;

(f) if any of the parties thereto is a commercial

partnership, other than a public company -

(i) having at the time a director, partner or

shareholder who is the notary or any of the persons

referred to in paragraph (b), or

(ii) whose legal or judicial representation is

vested in the notary or any of the said persons;

(g) if any of the parties thereto is a civil

partnership, foundation or association or a legal entity,

other than a commercial partnership, and it has at the time

a partner, founder, associate or a member of its governing

or administrative body who is the notary or any of the

persons referred to in paragraph (b);

(h) being a notarial trust deed by virtue of which

a trustee is appointed, saving the provisions of the Trust

and Trustees Act, where

(i) any of the persons mentioned in

paragraph (b) is the trustee or protector of the

trust; or

(ii) the notary or any of the persons

mentioned in paragraph (b) is a determined or

determinable beneficiary of the trust

Provided that nothing in this paragraph shall

prohibit the receiving notary from being nominated as a

trustee or protector on a notarial trust deed;

(i)

if the notary or any of the persons referred to

in paragraph (b) appears on the act as a trustee or protector

acting in terms of a trust;

(j) if any of the parties appears in his capacity as

trustee or protector of a trust and the notary or any of the

persons referred to in paragraph (b) is a determined or

determinable beneficiary of such trust, unless the notary is

not aware and not made aware, due to trust confidentiality,

that he or the persons referred to in paragraph (b) is a

determined or determinable beneficiary of such trust

Provided further that the receiving notary may still,

subject to regulations issued by the Authority mentioned in

the Trusts and Trustees Act, act as qualified person in

terms of article 43 and 43A thereof.".

In paragraph (g) of sub-article (1) of article 14 of the Amendment of

article 14 of the

principal Act, the word "permanent" shall be deleted.

principal Act.

Article 15 of the principal Act shall be amended as Amendment of

article 15 of the

follows

principal Act.

(a)

for the words "Temporary suspension or

incapacitation" in the marginal note thereof there shall be

substituted the words "Suspension or incapacitation";

(b) the present article shall be renumbered sub-article

(1) thereof; and

(c)

immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) He may be partially incapacitated from doing

so in any of the cases mentioned in articles 94A and 94B.".

Article 17 of the principal Act shall be substituted by the Substitution of

article 17 of the

following

principal Act.

"17. (1) Any notary to whom the Court of Revision of

Notarial Acts entrusts the custody of the deeds and registers of

any deceased notary or of any notary who has ceased to exercise

his functions in any of the cases laid down in this Act, for the

purpose of taking due care thereof, of allowing them to be

inspected and read, and of giving out copies and extracts of or

from the same as provided in this Act or issue the declaration in

terms of the proviso to article 68(2), is said to be a keeper of

notarial acts.

(2) Notwithstanding any provision of this or any other

law, and saving any agreement to the contrary by notarial act

between the interested parties, the appointment of a notary

keeper shall not imply that the keeper is responsible for the

payment

(a) of any registry fees, duty, tax, impost or

penalty due by or which could have been imposed on the

receiving notary in terms of past or current fiscal

legislation, or any other law, unless and until such time as

the keeper is put in funds to be able to pay same; or

(b) of any disciplinary punishment awarded or

that could have been awarded to the receiving notary for

any breach by him of this or any other law.

(3) Where the notary keeper incurs expenses in terms of

the provisions of this Act or any other law

(a) to bind the original notarial acts and their

indexes; or

(b) to prepare and bind their registers and

indexes; or

(c) to file the relative notes of enrolment,

hypothec and reference in the Public Registry or lodge the

relative applications in the Land Registry or similar notes

or applications in a registry substituting such registries;

he shall have the right, saving any agreement to the contrary by

notarial act between the interested parties, to recoup such

expenses from the receiving notary and, or such other persons as

may be prescribed, within such time and in such manner as may

be prescribed.

(4) The provisions of sub-article (3) shall mutatis

mutandis apply to a notary keeper who, notwithstanding the

provisions of sub-article (2), pays any registry fees, duty, tax,

impost or penalty due by the receiving notary.

(5) The Minister responsible for notarial affairs may

from time to time make regulations generally for carrying out

the provisions of this article, for adding to the instances

mentioned in sub-article (2) and (3), and for such matters as are

authorised by this article to be prescribed.".

Sub-article (1) of article 20 of the principal Act shall be Amendment of

article 20 of the

amended as follows

principal Act.

(a)

for the words "from such deeds," there shall be

substituted the words "from such deeds, or issue the declaration

in terms of the proviso to article 68(2),";

(b) for the words "of any notary" there shall be

substituted the words "or issue the said declaration"; and

(c)

for the words "such copies or extracts" there shall be

substituted the words "such copies or extracts or issue such

declarations".

In article 21 of the principal Act, for the words "or extract" Amendment of

there shall be substituted the words "or extract or issuing a article

principal Act.

declaration in terms of the proviso to article 68(2)".

Immediately after article 24, there shall be added the Addition of new

Title and article

following new Title and article

to the principal

Act.

"TITLE V

OF NOTARIAL DEPOSIT ACCOUNTS

(1) Every notary, except those

Notarial

Deposit

referred to in article 22, shall open an account

Account.

with a local commercial bank, to be designated

a "Notarial Deposit Account", in which he

shall deposit all monies deposited with him in

his professional capacity

Provided that where the notary closes

such account he shall, unless he has already

done so, open another one with the same or a

different local bank in such a way that he shall

always have one such account open

Provided further that the notary may

open more than one such account.

(2) The notary shall inform the Notarial

Council in the manner and within the time

prescribed of the opening and closing of the

accounts referred to in sub-article (1).

(3) The notary shall keep a register in

the manner prescribed wherein he shall list all

the monies deposited in and withdrawn from

the accounts mentioned in sub-article (1), and

he shall note therein all other information as

may be prescribed

Provided that the notary shall not divulge

any information referred to in this sub-article

except upon an order of a court.

(4) The notary shall hold monies

deposited in such accounts in the name of the

persons entitled thereto, and he shall be

obliged to pay the equivalent of such monies

to such persons as and when the monies

become due. Any interest which may accrue

in such accounts shall appertain solely to the

notary as his remuneration for the service he

gives in holding such deposits and operating

such accounts.

(5) (a)

Notwithstanding any law to

the contrary, the existence of such accounts,

duly registered with the Notarial Council,

shall have the following legal effects, namely

(i)

the personal creditors of the

notary shall have no recourse against the

monies held in the accounts;

(ii) monies held in such accounts

shall not form part of the notary’s

personal estate upon his insolvency; and

(iii) monies held in such accounts

shall not form part of the matrimonial

property of the notary or his spouse,

unless the notary or his spouse proves

that he is entitled to any of such monies.

(b) Without prejudice to the legal

effects set out in paragraph (a)

(i)

upon the notary’s demise, his

universal heirs shall succeed to the same

rights and obligations which the

deceased notary had with regard to such

accounts; and

(ii) where the notary ceases to

perform his functions for reasons other

than the one referred to in subparagraph

(i), he shall retain his rights and

obligations with regard to such accounts,

even if a notary keeper of his acts has

been appointed.

(6) Where a notary fails to register the

opening of such accounts with the Notarial

Council, the monies deposited therein shall not

have the legal effects set out in sub-article

(5)(a).

(7) The provisions of sub-article (6)

shall not apply

(i)

to monies deposited in such

accounts, or

(ii) to monies which are no

longer in such accounts, or

(iii) to monies which were never

deposited in such accounts,

if the notary or any person proves by

documentary evidence or witnesses or any

other means allowed under the provisions of

the Code of Organization and Civil Procedure

that he is entitled thereto.

(8) The Notarial Council shall keep a

record of Notarial Deposit Accounts in the

manner prescribed and shall, in the

circumstances and manner prescribed, confirm

the existence of such accounts to any court,

any local bank, any of the universal heirs of a

deceased notary or to any other person as may

be prescribed.

(9) Notaries shall each year confirm to

the Notarial Council the details of such

accounts currently held by them.

(10) The Minister responsible for

notarial affairs may from time to time, after

consulting the Notarial Council, make

regulations generally for carrying out the

provisions of this article and for such matters

as are authorised by this article to be

prescribed.".

20. Article 25 of the principal Act shall be substituted by the Substitution of

article 25 of the

following

principal Act.

"25. (1) In this Act, "party” refers to the person who is a

party to the negotium which is incorporated in the act and, in the

case of a will, to the testator; and "appearer" means the person

who appears before the notary either as a party or as the

representative or agent of a party.

(2) The notary shall not receive a notarial act except in

the presence of the appearers.

(3) The presence of two witnesses shall be required only

in the following cases

(a)

whenever any of the appearers so requests;

(b) whenever any of the appearers does not know

how or is unable to sign his name;

(c)

in the case of public wills; and

(d)

in the case of acts of delivery of secret wills.

(4) It is the duty of the notary to direct the drawing up

of the act from beginning to end, even when he causes it to be

prepared by a person whom he deems trustworthy.

(5) The notary alone is competent to ascertain the will

of the appearers and to inquire, after reading over and

explaining the act to them, whether it is in accordance with their

will.

(6) Notwithstanding the provisions of this and any other

law, provided no witnesses are required in terms of sub-article

(3), and nor does the proviso to article 34(1) or any of articles

36, 37, 38 apply, where all the appearers on the act declare that

they are fully cognizant of the contents of the act and its

annexes, they may by an express declaration exempt the notary

from reading over the act to them in which case the following

formalities are required

(a) at the foot of the act and before the final

signatures, the notary records both declarations in his own

handwriting and signs what he has recorded,

(b) immediately following the notary’s signature,

each appearer separately writes in his own handwriting "I

confirm this exemption" to which he affixes his signature,

and

(c) all the appearers sign every sheet of the act in

the outer margin and every annexe, unless the annexes

have already been signed in terms of article 28(1)(k).".

21. Article 26 of the principal Act shall be substituted by the

following

" Notary must

The notary must personally be

be certain of

certain of the identity of the appearers,

identity of

attestors, witnesses and interpreters. Such

appearers,

attestors,

identity shall be ascertained by the production

witnesses and

interpreters.

of the official identity card, passport or other

similar official document and, where such

document cannot be produced by any of the

appearers, on the testimony of two attestors

who may also be the witnesses appearing on

the act.".

22. In paragraphs (b) and (c) of sub-article (2) of article 27 of Amendment of

the principal Act, for the word "parties" there shall be substituted the article

principal Act.

words "parties or appearers".

23. Sub-article (1) of article 28 of the principal Act shall be Amendment of

article 28 of the

amended as follows

principal Act.

(a)

in sub-paragraph (i) of paragraph (c) thereof

(i) in the English text for the words "the maiden

name of the mother" there shall be substituted the words

"the maiden surname of the mother";

(ii) for the words "the place of residence and the

profession or calling of each of the parties, witnesses and

attestors, and, as regards the parties and the attestors, also

the place of birth" there shall be substituted the words "the

place of residence, the place and date of birth (which may

be written in figures only) and the profession or calling of

the parties";

(b) for sub-paragraph (iii) of paragraph (c) thereof there

shall be substituted the following

"(iii) where a person appears as the agent or

representative of any of the parties or where witnesses,

attestors or interpreters appear thereon, the name and

surname, the place and date of birth (which may be written

in figures only), and place of residence of such agent,

representative, witness, attestor or interpreter;"

(c)

in sub-paragraph (iv) of paragraph (c) thereof for the

word "Act" there shall be substituted the word "act";

(d)

for paragraph (d) thereof there shall be substituted

the following

"(d) the number (which may be written in figures

only) of the official document produced for ascertaining

the identity of the appearers or a declaration that the notary

has ascertained such identity by means of attestors. Where

witnesses or interpreters appear on an act, or where the

identity of any of the appearers has been ascertained on the

testimony of attestors, the number (which may be written

in figures only) of the official document produced by such

witness, attestor or interpreter for their identification;";

(e)

in paragraph (e) thereof, for the words "of any date

or amount or quantity of things" there shall be substituted the

words "of any date, sum of money, amount or quantity of

things";

(f)

immediately after the proviso to subparagraph (ii) of

paragraph (f) thereof, there shall be added the following new

proviso

"Provided further that for the purpose of this

paragraph, all land shall be considered rural unless it is the

whole roof and airspace overlying urban property;";

(g) for the proviso to paragraph (g) thereof, there shall

be substituted the following

"Provided that, in any case where, in

terms of the Duty on Documents and Transfers

Act and the Income Tax Acts or any other

enactments substituting the same, the duty and

the tax due in terms of the respective laws

regarding the negotium of the notarial act are

to be paid at the office of the Commissioner of

Inland Revenue, it shall be lawful for the

notary to annex to the act after the publication

thereof the copy given to him by the said

Commissioner of the notice which the notary

filed at such office, and the copy thus annexed

shall be deemed to form part of the act

notwithstanding that it is not mentioned in the

act and is not signed by the appearers, the

witnesses, the attestors, the interpreters, if

any, and the notary;".

(h)

in paragraph (h) thereof, for the word "parties" there

shall be substituted the word "appearers";

(i)

in paragraph (i) thereof, after the words "to any of

the parties" there shall be added the words "or the appearers";

(j)

in paragraph (j) thereof, for the word "published"

there shall be substituted the words "published and, where it is a

country or place other than Malta, the name of such country or

such place"; and

(k)

in paragraph (k) thereof

(i) in sub-paragraph (i) thereof, for the words

"the parties" there shall be substituted the words "the

appearers", and for the words "in paragraph (g) of this sub-

article," there shall be substituted the words "in paragraph

(g) of this sub-article and, unless article 25(6) applies, the

notary shall initial every sheet of the act and of every

annexe thereto,";

(ii) in sub-paragraph (ii) thereof, for the words

"sealed stamp" there shall be substituted the words "stamp

or a sealed stamp"; and

(iii) for sub-paragraph (iii) thereof, there shall be

substituted the following

"(iii) when the documents annexed to

the act exceed five in number, disregarding for

this purpose the copy of the notice filed at the

office of the Commissioner of Inland Revenue

subsequently to the completion of the act in

terms of the Duty on Documents and Transfers

Act and the Income Tax Acts or any

enactments substituting the same, the notary

may make a list thereof, separate from the act,

and annex it to the act, making an express

reference to such list in the act; in any such

case the list shall be signed in the same

manner as the act, and the signatures on the

annexed documents shall be dispensed with,".

24. Immediately after article 28 of the principal Act, there Addition of new

article to the

principal Act.

shall be added the following new article

" Regulations

Without prejudice to the right of

prescribing

the notary to annex to a notarial act the

the

documents he deems necessary or useful, and

documents to

be annexed.

without prejudice to his obligation to do so in

terms of this Act or any other law, the Minister

responsible for notarial affairs may make

regulations prescribing the documents which a

notary shall be obliged to annex to a notarial

act.".

25. In sub-article (3) of article 29 of the princpal Act, for the

word "parties" there shall be substituted the word "appearers".

26. Article 30 of the principal Act shall be amended as

follows

(a)

in sub-article (2) thereof, for the word "parties"

there shall be substituted the word "appearers"; and

(b) in sub-article (3) thereof, for the words "the

expression "words added" ", there shall be substituted the words

"the expression "words added", "adde" or other similar

expression".

27. Article 31 of the principal Act shall be amended as

follows

(a)

sub-article (2) thereof shall be deleted; and

(b) sub-article (1) thereof shall be renumbered as the

whole article 31.

28. Article 32 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the words "public act"

there shall be substituted the words "inter vivos act";

(b)

in sub-article (2) thereof

(i) in paragraph (d) thereof, for the words "the

registrar and two witnesses;" there shall be substituted the

words "and the registrar;"; and

(ii) paragraph (e) thereof shall be substituted by

the following new paragraph

"(e) the name, surname, the name of the

father, the place of birth and death of the testator

and in addition, when any of the following details

result from the secret will or its act of delivery, the

name and maiden surname of the mother, the date

of the testator’s birth and the official document of

identification;".

In article 33 of the principal Act, for the words "a public Amendment of

article 33 of the

deed" there shall be substituted "an inter vivos act".

principal Act.

Article 34 of the principal Act shall be amended as Amendment of

article 34 of the

principal Act.

(a)

for the words "party" and "parties" wherever they

occur there shall be substituted the words "appearer" and

"appearers" respectively;

(b) in sub-article (1) thereof, the words from "(including

the acts which notaries" to the words "and (h)" shall be deleted;

and

(c)

immediately after sub-article (6) thereof, there shall

be added the following new sub-article

"(7) The acts a notary is empowered to receive,

perform or issue in terms of article 2(2)(b), (c), (d), (e), (g),

(h) and (j) shall likewise be in the Maltese or the English

language as the persons signing, approving, declaring or

requiring such documents desire, and in the case of the act

made in terms of paragraph (f) in the Maltese or English

language as the notary desires, and all the other provisions

of this article shall mutatis mutandis apply.".

Article 36 of the principal Act shall be amended as Amendment of

article 36 of the

principal Act.

(a)

in sub-article (1) thereof, for the word "parties",

wherever it occurs, there shall be substituted the word

"appearers"; and

(b) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4) The interpreter shall sign the act as provided

in article 28(1)(k) and (l).".

Article 37 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, for the words "parties" and

"party", there shall be substituted the words "appearers" and

"appearer" respectively;

(b)

in sub-article (2) thereof

(i) for the word "party" there shall be substituted

the word "appearer";

(ii) for the words "the Civil Court, Second Hall"

there shall be substituted the words "the Civil Court

(Voluntary Jurisdiction Section)"; and

(c)

in sub-article (3) thereof for the words "in article

36(3)" there shall be substituted the words "in article 36(3), and

a mention of the taking of such oath shall be recorded in the

act".

In article 38 of the principal Act for the words "party" and

"parties", wherever they appear, there shall be substituted the words

"appearer" or "appearers", as the case may be.

Article 39 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof

(i) for the word "parties" there shall be

substituted the word "appearers";

(ii) for the words "Civil Court, Second Hall"

there shall be substituted the words "Civil Court

(Voluntary Jurisdiction Section)"; and

(b) in sub-articles (2) and (3) thereof for the word

"party" there shall be substituted the word "person".

Article 40 of the principal Act shall be substituted by the

following

" Null and

(1) A notarial act is null

annullable

(a)

if it has been received by a

notarial acts.

notary before his name has appeared in

the Gazette in terms of article 5(1);

(b) if it has been received by a

notary who has ceased to exercise his

functions for any of the causes laid down

in article 14, or who has been suspended

or incapacitated in any of the cases

referred to in article 15(1) and after such

cessation, suspension or incapacitation

has been published in the Gazette;

(c)

if it is undated;

(d) if it has been received in

contravention of any of the provisions of

article 12(a), (c)(i), (c)(ii), and (d)

Provided that if the contravention

refers only to one or more parts of the

act, only such part or parts shall be null

Provided

further

that

the

contravention of article 12(c)(i) or (ii)

shall only imply the nullity of the

disposition or provision referred to in

those subparagraphs;

(e)

if the requirements of articles

25(1), (2), (3), (4) and (5), 27, 28(1)(k)

and 34 have not been complied with

Provided that where no witnesses

are required in terms of article 25(3), nor

does the proviso to article 34(1) or any of

articles 36, 37, 38 apply, the temporary

absence of an appearer during the

publication of the act shall not invalidate

the act unless, immediately upon his

return, he requests the notary to read

again what such appearer had not been

present for, and the notary refused

Provided further that the omission

of signatures in the annexe or list, as

required by article 28(1)(k), shall not

render the act null but such unsigned

annexe or list shall not be deemed to

form part of the act except in so far as

the truthfulness of its contents results

from the act itself or from the list

mentioned in the said paragraph (k)

Provided further that the omission

of the declaration referred to in article

28(1)(k)(ii) shall not render the act null.

(2) A notarial act is annullable

(a)

if it has been received in

contravention of any of the provisions of

article 12(b), (e), (f), (g), (h), (i) and (j);

(b) if the requirements of articles

36, 37, and 38 have not been complied

with;

(c)

if the requirements of article

25(6) have not been complied with;

(d) if the notary has not read the

act to the appearers, saving the

provisions of article 25(6);

(e)

if the notary has not

explained the act to the appearers;

(f)

if the notary has not read and

explained the act to the appearers in the

presence of the witnesses, when the

presence of witnesses is required by

article 25(3).

(3) No action shall lie for the

declaration of nullity of an act having any of

the defects referred to in sub-article (1)(c), (d)

and (e) except on the demand of one of the

parties thereto

Provided that where the defect is that

mentioned in sub-article (1)(c), the date of the

act shall be deemed to be the one referred to in

the proviso to sub-article (12).

(4) No action shall lie for the

annulment of an act having any of the defects

referred to in sub-article (2) except on the

demand of a party to the act who proves to

have suffered material damage as a

consequence of such defect or defects.

(5) Subject to the applicable provisions

of this article, no action mentioned in sub-

articles (3) and (4) shall lie except within the

peremptory terms of ten and five years

respectively, such terms to start running from

the date of publication of the act or, where the

act is enrolled in the Public Registry or an

application has been filed in the Land Registry

for the first registration of, or the dealing with

the immovable which is the subject-matter of

the act, from the date of its enrolment in the

Public Registry or the application in the Land

Registry whichever occurs first.

(6) Without prejudice to the rights

already acquired by third parties, an act which

is null in terms of sub-article (1) may be

rendered valid by a subsequent act and with

effect thereof, hereinafter referred to as an "act

of validation".

(7) An act which is annullable on

account of any of the defects listed in sub-

article (2) may, by a subsequent act,

hereinafter referred to as an "act of

convalidation", have its validity ab initio

confirmed.

(8) Where an act of validation is

published in terms of sub-article (6), the

notary shall annex to such act -

(a)

the original defective act

with the available documents annexed

thereto, if the original defective act is not

preserved in the records of the notary

who published it, or

(b) an authenticated copy of the

defective act including a copy of the

available annexed documents if it is so

preserved;

and, notwithstanding any other law, any duty

already paid for the purposes of the Duty on

Documents and Transfers Act and any tax

already paid for the purposes of the Income

Tax Acts regarding the defective act, shall be

deemed to have been paid on account or in full

settlement of any such duty or tax that may be

due on the act of validation.

(9) Where any party to a defective act

or his successors in title is unable or unwilling

to appear on an act to validate or convalidate

as the case may be a defective act, and such

party has not yet brought or is not entitled to

bring an action in terms of sub-articles (3) or

(4), any other party to the defective act or his

successors in title shall have the right to apply

to the Court of Revision of Notarial Acts

requesting it to order that an act be published

validating or convalidating, as the case may

be, the defective act under such terms and

conditions as the Court may consider

appropriate, and that curators be appointed to

appear in the name of those parties or their

successors in title who fail to appear on such

act of validation or convalidation.

(10) The application shall be served on

the other parties to the act or their successors

in title or their agents.

(11) Where an application has been filed

in terms of sub-article (9) for the validation or

convalidation of an act, the right any other

party to the act may have hitherto had to bring

an action in terms of sub-articles (3) or (4)

shall immediately lapse.

(12) Upon being satisfied that the

signatures on the defective act are authentic

and that the appearers on the act had given

their consent thereto, the Court shall order the

publication of an act of validation or

convalidation, as the case may be, of the

defective act

Provided that where the act is defective

in terms of sub-article (1)(c), but it has been

enrolled in the Public Registry or an

application has been filed in the Land Registry

for the first registration of, or the dealing with

the immovable which is the subject-matter of,

the act, the date of the act shall be deemed to

be that contained in such note of enrolment or

that referred to in such an application.

(13) The notary publishing the act of

validation or convalidation ordered in terms of

sub-article (12) shall annex to the act the

registrar’s declaration that the decision of the

Court of Revision has become res judicata.

(14) Saving any other provision of this

article and without prejudice to the rights

already acquired by third parties, the Minister

responsible for notarial affairs may by

regulations provide that a notarial act having

one or more of the defects mentioned in any of

the paragraphs of sub-article (1) and which has

been enrolled in the Public Registry or in

relation to which an application has been filed

in the Land Registry for the first registration

of, or the dealing with, the immovable the

subject-matter of, the act, and which had been

received either by a notary who is no longer

alive or by one who has ceased to exercise his

functions in terms of article 14, shall be

deemed to be valid notwithstanding such

defect or defects, and in making such

regulations the Minister responsible for

notarial affairs may also subject the said

validity to such terms and conditions as he

may consider appropriate.

(15) Saving any other provision of this

article, the Minister responsible for notarial

affairs may by regulations provide that no

action shall be brought in terms of sub-article

(4) to annul a notarial act having one or more

of the defects mentioned in sub-article (2) and

which had been received either by a notary

who is no longer alive or by one who has

ceased to exercise his functions in terms of

article 14, and in making such regulations the

Minister responsible for notarial affairs may

also subject the said validity to such terms and

conditions as he may consider appropriate.

(16) (a)

The applicability of this

article to public wills shall be limited to sub-

articles (1) and (2) and to the provisions of this

sub-article.

(16) (b) A will which is affected by

any of the defects mentioned in sub-article

(1)(d) and (e) or in any paragraph of sub-

article (2) shall not be declared null or be

annulled, as the case may be, for the sole

reason that any of the formalities required

therein has not been complied with if, after the

death of the testator, the person having an

interest in his succession and who brings an

action for the declaration of nullity of the will

or its annulment, though aware of the cause of

nullity or annullability of the will, either

confirmed the will or voluntarily gave

execution thereto.

(16) (c)

No action shall lie in terms of

paragraph (b) unless it is brought within the

peremptory term of ten years in case of any of

the defects mentioned in sub-article (1)(d) and

(e) and five years in the case of any of those

mentioned in sub-article (2), and the said

terms shall start running from the date of the

opening of succession of the testator, unless

the will is an unica charta one published

before the 1st March 2005, in which case the

aforesaid terms shall start running from the

date of the opening of succession of the

surviving testator.".

36. In article 41 of the principal Act, for the word "null" there

shall be substituted the words "null or annullable, as the case may

37. Article 42 of the principal Act shall be amended as

(a)

in the marginal note thereof, after the word "null"

there shall be added the words "or is annulled";

(b) for the words "null and void" there shall be

substituted the words "null or is annulled"; and

(c)

at the end thereof there shall be added the following

proviso

"Provided that where the original of the act is

deposited in the Archives, the communication shall also be

made to the Archivist who, with regard to such act, shall

have the same duty imposed on the notary by this article.".

38. Article 43 of the principal Act shall be amended as Amendment of

article 43 of the

follows

principal Act.

(a)

for the words "the proviso to" there shall be

substituted the words "sub-articles (14) and (15) of"; and

(b) for the word "parties" there shall be substituted the

word "appearers".

39. Immediately after article 45 of the principal Act, there Addition of new

article to the

shall be added the following new article

principal Act.

" Notarial

(1) Without prejudice to the

corrective act.

rights already acquired by third parties and

subject to the provisions of this article, a

notary shall have, with regard to an inter vivos

act in his records, in this article referred to as

"the original act", the right to make at any

time, a declaratory act rectifying any of the

errors or omissions contained therein. The

declaratory act, in this article referred to as a

"notarial corrective act", shall be preserved

and registered in the records of the notary.

(2) A notarial corrective act shall not

affect the intention of the parties, their consent

given in the original act or any of their

personal or real rights emanating therefrom.

(3) A party who agrees with the

contents of the notarial corrective act may

appear thereon to signify his agreement

whether in whole or in part, and in such a case

the provisions of sub-article (9) shall not apply

to such party.

(4) A party who has not appeared on

the notarial corrective act may appear on a

subsequent act published by the same notary

and signify his agreement with the contents of

the notarial corrective act.

(5) The errors or omissions that may be

the subject-matter of a notarial corrective act

are the following

(a)

typing or spelling errors;

(b) mistaken

numbers

in

documents of identification;

(c)

discrepancies between words

and figures;

(d) mistaken

currency

conversions;

(e)

mistakes in tax calculations;

(f)

mistakes in the root of title;

and

(g) any other matter which the

Minister responsible for notarial affairs

may by regulations determine.

(6) A note for the registration of the

notarial corrective act or a subsequent notarial

corrective act shall be filed in the Public

Registry in terms of article 50 containing the

errors or omissions rectified and whether any

of the parties appeared on the corrective act

and, in the case of a subsequent corrective act,

who appeared thereon.

(7) The Director of Public Registry

shall accept a note so filed notwithstanding

any provision of this Act or any other law.

(8) The notarial corrective act shall not

be effective against third parties until the

relative note has been filed in the Public

Registry.

(9) The notary shall cause a copy of the

notarial corrective act to be sent by registered

mail within fifteen days thereof to the present

or last known address of the parties to the

original act or their agents or representatives

or successors in title, but this provision shall

not apply to any of the parties who appeared

on the notarial corrective act in terms of sub-

article (3) or on a subsequent notarial

corrective act in terms of sub-article (4).

(10) Except for a party who had

signified his agreement in terms of sub-articles

(3) or (4), and to the extent that he has done

so, the declarations made in a notarial

corrective act may be rebutted by any of the

parties to the original act or their agents or

representatives or their successors in title

within the peremptory term of two years from

the date of receipt of the copy mentioned in

sub-article (9), after which time the

declarations on the notarial corrective act shall

form an integral part of the contents of the

original act.

(11) Such rebuttal shall be made by

another declaratory act in the acts of any

notary, duly enrolled in the Public Registry in

terms of article 50, indicating such rebuttal, in

whole or in part, of the notary’s rectification of

errors or omissions, and such note of

enrolment shall have the effect of annulling

the declarations made by the notary in the

notarial corrective act, with regard to all the

parties to the original act including any party

who may have appeared on a notarial

corrective act or a subsequent notarial

corrective act in terms of sub-articles (3) or

(4)

Provided that where the act of rebuttal is

in the records of a notary who is different from

the one who published the notarial corrective

act, a copy of such act of rebuttal shall be sent

by registered mail within fifteen days thereof

to the notary who published the notarial

corrective act or the keeper of his acts.

(12) Where a notary has died or ceased

to perform his functions in terms of articles 14

or 15(1), the notarial corrective act may be

made by any notary.

(13) Any

notarial

corrective

act

purporting to add, reduce, modify or cancel

any real or personal rights or to affect the

privileged or hypothecary standing or ranking

of any creditor shall be null, and may be

rebutted in terms of sub-article (11).

(14) A notary who negligently publishes

a notarial corrective act or a subsequent

corrective act as stated in sub-article (13) shall

be liable in damages towards any of the parties

or his successors in title adversely affected by

such act.".

40. Immediately after article 45A of the principal Act, there

shall be added the following new article

" Ratification

Notwithstanding the provisions of

in certain

this Act or any other law, where a person

cases.

appearing on a notarial act declares thereon

that he represents a party to the act on the basis

of what is commonly known as the "promessa

de rato" of such party, the act shall, upon the

lapse of the period of forfeiture of twenty

years from the date of its publication, be

automatically ratified and shall be deemed

always to have been valid.".

41. Sub-article (2) of article 46 of the principal Act shall be

substituted by the following

"(2) The notary shall make annotations relating to

registrations made in any registry, to the rescission, variation,

cancellation, validation or convalidation made by notarial act, to

notarial corrective acts and subsequent corrective acts, to the

declaration of nullity of an act or its annulment made by a

judgement of the competent judicial authority, and to any other

declaration relating to the act itself and which the notary is

bound to make according to law.".

42. Article 47 of the principal Act shall be substituted by the

following

"47. (1) If the notary receiving an act of rescission,

cancellation, variation, validation, convalidation, or a notarial

corrective act or a subsequent corrective act is the same who

had received the original act, he shall within fifteen days enter

in the margin or at the foot of the original act and of its

registration in the register a reference to such act.

(2) Where the original act referred to in sub-article (1)

is deposited in the Archives, the notary shall, besides entering

the reference in the register as provided in sub-article (1),

submit to the Archivist within one month of receiving the act a

copy of the note filed in terms of article 50 or, if the act is not so

registerable, a copy of the act of rescission, cancellation,

variation, validation, convalidation, or of the notarial corrective

act or subsequent corrective act.

(3) If the notary receiving the act of rescission,

cancellation, variation, validation, convalidation, or the notarial

corrective act or subsequent corrective act is not the same as the

one who had received the act so rescinded, cancelled, varied,

validated, convalidated or corrected, he shall within one month

of receiving the act submit to such notary, or to the keeper of

such act, and to the Archivist a copy of the note or of the act as

provided in sub-article (2).

(4) The notary who had received the act so rescinded,

cancelled, varied, validated, convalidated or corrected or, as the

case may be, the keeper of such act, shall within fifteen days

from receipt of the note or copy enter a reference to the act of

rescission, cancellation, variation, validation, convalidation or

to the notarial corrective act or subsequent corrective act in the

margin or at the foot of the original act and of its registration in

the register and, where the original is deposited in the Archives,

the provisions of this sub-article shall mutatis mutandis apply to

the Archivist.

(5) The notary who had received the act so rescinded,

cancelled, varied, validated, convalidated or corrected, or the

keeper of such act, and the Archivist shall issue a receipt to the

notary submitting the note or the copy, as the case may be, and

the Archivist shall annex the note or the copy to the original act.

(6) Where the Archivist receives the note or the copy in

terms of sub-article (3) but the original act is not deposited in

the Archives, the Archivist shall return the document to the

notary or the keeper of his acts advising him that the original is

not yet so deposited.".

43. Articles 48 and 49 of the principal Act shall be repealed.

Repeal of

articles 48 and

49 of the

principal Act.

44. Article 50 of the principal Act shall be amended as Amendment of

article 50 of the

follows

principal Act.

(a)

immediately after paragraph (m) of sub-article (1)

thereof there shall be added the following

"(n) any notarial corrective act, any subsequent

corrective act and any act of rebuttal in terms of article

45A.";

(b) sub-article (5) thereof shall be substituted by the

following

"(5) It shall not be lawful to draw up two or more

notes on one sheet."; and

(c)

in sub-article (6) thereof the words "in a book kept

for that purpose" shall be deleted.

45. Article 51 of the principal Act shall be repealed.

Article 52 of the principal Act shall be amended as

(a)

sub-article (1) thereof there shall be substituted by

the following

"(1) Notwithstanding any covenant to the

contrary, every notary must register in the Public Registry,

within one month from the date of the relative act, unless

registration shall have been made on the demand of other

persons any assignment, subrogation, reduction or

cancellation of a hypothec or privilege, provided that in the

case of a privileged debt not yet registered the term

specified in this sub-article shall run from date of

registration of such debt."; and

(b) sub-article (3) thereof shall be substituted by the

following

"(3) The notary shall, together with the note by

means of which an assignment, subrogation, reduction or

cancellation of any hypothec or privilege is registered,

present to the Director of the Public Registry a copy

thereof which shall be countersigned by the said Director

who shall affix thereto the date and his signature as

evidence of the presentation.".

Articles 53 and 54 of the principal Act shall be repealed.

Article 55 of the principal Act shall be amended as

(a)

in sub-article (3) thereof, for the words "shall bear a

progressive number." there shall be substituted the words

"shall bear a progressive number:" and immediately

thereafter there shall be added the following new proviso

"Provided that where any of the written pages or

annexes bears a similar progressive number, the notary

shall either rectify the error and initial the correction or

add to the page number a distinguishing alphabetical letter

which he shall initial. In the latter case, he shall at the end

of the volume make a signed declaration referring to the

pages where such letters have been added and shall state

that he has done so to avoid duplication in the volume’s

pagination.";

(b)

in sub-article (4) thereof

(i) the words "and the acts of delivery of secret

wills" shall be deleted;

(ii) immediately after the words "written pages"

there shall be added the words "and annexes";

(c)

in sub-article (5) thereof the words "and of the acts

of delivery of secret wills" shall be deleted;

(d) in sub-article (6) thereof the words "or act of

delivery" shall be deleted;

(e)

sub-article (7) thereof (including its proviso) shall

be substituted by the following

"(7) (a) Both wills and acts inter vivos shall be

numbered within twenty-four hours of the execution

thereof.

(b) The numbering of the written pages and

annexes, if any, shall be made within twenty-four hours of

the execution of a will, and within thirty days in the case of

any other act."; and

(f)

immediately after sub-article (7) thereof, as

substituted, there shall be added the following new sub-articles

"(8) Notwithstanding any other provision of this

Act and any other law, the notary may, for the purposes of

sub-article (2), hand over to a binder the original acts and

wills, their annexes, indexes and registers to be bound as

required by this Act

Provided that the notary shall at no moment release

contemporaneously from his possession the originals and

their respective registers.

(9) The Minister responsible for notarial affairs

shall by regulations made after consultation with the

Notarial Council prescribe the conditions under which a

notary may hand over the documents mentioned in sub-

article (8).".

In sub-article (3) of article 59 of the principal Act for the

word "twenty" there shall be substituted the word "fifty".

In article 60 of the principal Act the words "and of the acts

of delivery of secret wills" shall be deleted.

Immediately after sub-article (2) of article 61 of the

principal Act, there shall be added the following new sub-article

"(3) The proviso to sub-article (3) of article 55 shall

mutatis mutandis apply.".

Article 62 of the principal Act shall be substituted by the

following

"62. No volume of the original acts or of the registers

shall contain more than three hundred and fifty pages

Provided that where any single act is contained in more

than three hundred and fifty pages, the original or register of

such act may be contained in a separate volume containing that

sole act, and in such case such volume may consist of more than

three hundred and fifty pages.".

Article 64 of the principal Act shall be amended as

(a)

in sub-article (1) thereof, the words "and of the acts

of delivery of secret wills" shall be deleted; and

(b) in sub-article (3) thereof, the words "and the number

of the first page of the act itself" shall be deleted.

Article 66 of the principal Act shall be amended as

(a)

the present provision shall be renumbered sub-

article (1) thereof; and

(b) immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-

articles

"(2) For the purposes of sub-article (1), the binder

who in terms of article 55(8) has in his possession the

originals, their annexes, indexes and registers shall, during

such time, be subject to the same civil and criminal

responsibility as the notary.

(3) For the purposes of this Act and any other

law, the notary’s civil and criminal responsiblity in case of

disclosure to third parties of confidential information

resulting from the originals, their annexes, indexes and

registers shall extend to the binder.".

Article 68 of the principal Act shall be amended as Amendment of

article 68 of the

principal Act.

(a)

in sub-article (1) thereof

(i) for the words "article 81(4), public wills, the

acts of delivery of secret wills, and" there shall be

substituted the words "article 81(5), public wills and";

(ii) for the words "will, the act or" there shall be

substituted the words "will or"; and

(b) in sub-article (2) thereof, for the words

"testamentary dispositions of the deceased testator." there

shall be substituted the words "testamentary dispositions of

the deceased testator:" and immediately thereafter there shall

be added the following new proviso

"Provided that with regard to such will published

before 1st March 2005, the notary shall, instead of an

extract, issue a declaration containing the substance of the

testamentary dispositions of the deceased testator in such a

way that the dispositions of the surviving testator shall not

be divulged. Where the notary encounters difficulties in

drawing up the declaration, he shall have the right to apply

to the Court of Voluntary Jurisdiction requesting it to give

him directions as to the manner in which the declaration is

to be made; and the court shall give him such directions as

it deems fit.".

Sub-article (1) of article 69 of the principal Act shall be Amendment of

article 69 of the

amended as follows

principal Act.

(a)

for the words "The notary" there shall be substituted

the words "Saving the provisions of article 55(8) of this Act, the

notary"; and

(b) for the word "court" there shall be substituted the

words "a court".

In sub-articles (1) and (2) of article 70 of the principal Act

for the figure "15" there shall be substituted the figure "15(1)".

Article 71 of the principal Act shall be amended as

follows

(a)

for the marginal note thereof there shall be

substituted the following: "The notary is the owner of his

registers.";

(b) in sub-article (1) thereof the words from "He shall

be" to the words "of this Act." shall be deleted; and

(c)

in sub-article (3) thereof for the words "Such acts"

there shall be substituted the words "The original acts".

Immediately after article 73 and before article 74 of the

principal Act for the words "OF COPIES AND EXTRACTS" in Title

III of Part III there shall be substituted the words "OF COPIES,

EXTRACTS AND DECLARATIONS".

Article 74 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof, immediately after the

words "such acts" there shall be added the words "or issue the

declaration referred to in the proviso to article 68(2)";

(b) in sub-article (2) thereof and in the proviso thereto

for the words "copy or extract" there shall be substituted the

words "copy, extract or declaration";

(c)

in sub-article (3) thereof for the figure "81(4)" there

shall be substituted the figure "81(5)";

(d)

in sub-article (4) thereof

(i) for the words "copy of a will" there shall be

substituted the words "copy of a will, extract thereof or

declaration";

(ii)

for the word "abstract" wherever it occurs

there shall be substituted the word "extract";

(e)

sub-article (6) thereof shall be renumbered as sub-

article (7); and

(f)

immediately after sub-article (5) thereof there shall

be added the following new sub-article

"(6) Where an extract is issued in terms of article

68(2) or a declaration is issued in terms of the proviso to

such sub-article, the notary shall state in writing at the end

thereof to whom such extract or declaration has been

issued after duly ascertaining that the provisions of such

sub-article or proviso apply.".

In sub-article (3) of article 75 of the principal Act for the Amendment of

article 75 of the

word "even" there shall be substituted the word "except".

principal Act.

Article 76 of the principal Act shall be amended as Amendment of

article 76 of the

principal Act.

(a)

for the marginal note thereof there shall be

substituted the following: "Contents of copies, extracts and

declarations.";

(b) in sub-article (1) thereof for the word "original"

there shall be substituted the words "original or the register";

(c)

in sub-article (2) thereof for the word "original"

there shall be substituted the words "original or the register";

and

(d) immediately after sub-article (2) thereof, as

amended, there shall be added the following new sub-article

"(3) Besides the information referred to in the

proviso to article 68(2), a declaration made in terms of

such proviso shall contain the date and time when the will

was executed, the name of the notary who received it, and

the full particulars of the deceased testator and the

witnesses, the attestors and the interpreters, if any, and a

transcription or the substance of any annexe to the will but

only to the extent that such annexe refers to the deceased

testator

Provided that where the contents of an annexe refer

exclusively to the deceased testator, the notary may issue a

photocopy of such annexe.".

Article 77 of the principal Act shall be substituted by the

following

" Issue of

(1) Every copy and extract shall

copies,

bear at the end the date of its issue and shall be

extracts and

authenticated by the notary who shall affix his

declarations.

signature thereto and the words "in conformity

with the original" or "in conformity with the

register" or other similar expression.

(2) Every declaration in terms of the

proviso to article 68(2) shall bear at the end

the date of its issue, and the notary shall affix

his signature thereto and the words

"declaration made in terms of the proviso to

article 68(2) of Chapter 55" or other similar

expression.

(3) If the copy, extract or declaration

consists of more than one page, each page

shall be signed in its margin or at its foot by

the notary or the Archivist.

(4) The notary shall transcribe or make

a photocopy of any or all of the annexes to the

act or register if he is requested to do so by the

person requiring the copy or the extract.

(5) The notary shall transcribe at the

end of every copy, or in the margin of its first

page, the references to other acts entered in the

original act or in the register as the case may

be.".

64. In the English version of paragraph (a) of article 79 of the

principal Act, for the words "procès-firebox" there shall be

substituted the words "procès-verbaux".

65. Article 81 of the principal Act shall be amended as

follows

(a)

in sub-article (1) thereof for the words "copy or

extract" there shall be substituted the words "copy, extract or

declaration";

(b) in sub-article (2) thereof for the word "null" there

shall be substituted the words "null or annullable";

(c)

sub-article (4) thereof shall be renumbered as sub-

article (5); and

(d) immediately after sub-article (3) thereof there shall

be added the following new sub-article

"(4) The notary shall, in respect of the services

provided in terms of article 84C, be entitled to receive

from the transferee the fees fixed in the Tariff and, where

there is a contract of engagement, the fees agreed upon in

such contract. He shall also be entitled to the

reimbursement of all expenses and accessory charges.".

66. Article 83 of the principal Act shall be repealed.

Repeal of article

83 of the

principal Act.

67. Immediately after Part IIIA and immediately before the Addition of new

beginning of Part IV of the principal Act, there shall be added the Part

to the principal

following new Part and article

Act.

"PART IIIB

OF THE EXAMINATION OF TITLE

(1) A notary is empowered to

Notary may

examine title.

compile documents conducive to establishing

both the title to an immovable property and the

causes of preference among creditors affecting

such title. He has the right to interpret the

compiled documents and give advice thereon.

In this Act, this process of compilation,

interpretation and advice is referred to as "the

examination of title" or cognate expressions.

(2) Without

prejudice

to

his

responsibility in terms of this article, the

notary shall have the right to delegate any or

all of these powers to persons he deems

trustworthy.

(3) The examination of title shall be

Examination

of title.

carried out in terms of regulations made under

this article.

(4) A notary may examine title

Where a

notary

whenever he is instructed to do so by a written

examines

title.

contract of engagement whose requisites shall

be laid down by regulations.

(5) A notary who publishes a notarial

act of transfer of ownership of immovable

property or other real rights over such property

shall be deemed to have been instructed by the

transferee to examine its title

Provided that the transferee may, by an

express declaration recorded in the notarial

act, exempt the notary from the obligation

imposed on him in terms of this sub-article or

limit the extent of such obligation in any way

the transferee deems fit

Provided further that regulations may list

the instances where a notary shall be exempt

from examining the title, and the notary shall

mention in the act that he is so exempt

Provided further that regulations may list

the instances where and the conditions under

which a notary may refuse to examine title,

and the notary shall mention in the act all the

relevant details.

(6) Where a notary publishes a notarial

act containing a transaction other than the

transfer of ownership of immovable property

or other real rights over such property, or

where he authenticates a private writing

containing a transaction referring to such

property, his obligation to examine title shall

arise if, and to the extent that, specific

regulations are made with regard thereto.

(7) Notwithstanding the provisions of

Diligence and

responsibility.

this Act or any law

(a)

a notary’s responsibility for

the examination of title shall be

regulated by, and be strictly interpreted

according to, this article and the

regulations made thereunder;

(b) where a notary examines title

he shall exercise the diligence required

by the regulations referred to in

paragraph (a);

(c)

where he examines title in

terms of the regulations, he shall be

deemed to have acted with due diligence;

(d) only the following persons

may bring an action against a notary in

connection with the examination of title

which he has carried out

(i) the person with whom

he has entered into a contract of

engagement in terms of sub-article

(4),

(ii) the transferee referred

to in sub-article (5), or

(iii) the persons indicated

in regulations which may be made

in terms of sub-article (6).

(8) (a)

Where a notary receives

Report.

instructions in terms of sub-article (4) of this

article or where he is bound to examine title in

terms of this article, he shall at the termination

thereof draw up a written report having such

contents as may be required by regulations

made under this article.

(b) Where, for the benefit of a

transferee, a notary is bound to examine title

in terms of this article, the transferee shall

make a declaration recorded in the act

confirming that the notary has handed him the

report mentioned in paragraph (a).

(c) The provisions of paragraph (b)

shall not apply in the following cases

(i)

where the transferee has

already made a declaration in terms of

the first proviso to sub-article (5)

exempting the notary from examining

the title;

(ii) where the notary records in

the act in terms of the second proviso

thereto that he is exempt from examining

title; or

(iii) where the notary records in

the act in terms of the third proviso

thereto that he is authorized to refuse to

examine title.

(9) The notary shall be the owner of the

Preservation

of

documents he compiles for the examination of

documents.

title and shall preserve them for a period of

five years. Such period shall run from the date

he issues the report where the examination

was made in terms of sub-article (4), and from

the date of publication of the act where the

examination was made in terms of sub-articles

(5) or (6) and, in the case of a private writing

referred in sub-article (6), from the date it is

authenticated by the notary.

(10) An action brought against a notary

Actions.

by a person mentioned in sub-article (7)(d)

alleging any act or omission of the notary

regarding the examination of title shall be

barred by the peremptory term of five years

which starts running from the dates mentioned

in sub-article (9).

(11) Nothing in this article shall

Other

services.

preclude the notary from being engaged only

to compile any of the documents referred to in

sub-article (1), or to interpret or give advice on

such documents which he or a third party has

compiled, but this shall not be deemed to be

the examination of title as defined in this

article. Such a service shall be regulated by an

ad hoc contract of engagement made in terms

of regulations made under this article.

(12) The Minister responsible for

Regulations.

notarial affairs shall from time to time make

regulations, after consulting the Notarial

Council, prescribing any matter referred to in

this article including, but not limited to

(a)

the manner in which and the

extent to which a notary examines title;

(b) the exemptions from the

obligation to examine title, and the

instances where and conditions under

which a notary may refuse to examine

title;

(c)

the applicability or otherwise

of this article both to notarial acts

containing transactions other than the

transfer of ownership of immovable

property or other real rights over such

property, and to transactions referring to

such property made by a private writing

authenticated by a notary;

(d) services analogous to but

short of the examination of title in terms

of this article;

(e)

the degree of diligence

required of the notary;

(f)

the formalities of a contract

of engagement; and

(g) the contents of the report and

related matters.".

68. Article 88 of the principal Act shall be amended as Amendment of

article 88 of the

principal Act.

(a)

the present provision shall be renumbered as sub-

article (1) thereof; and

(b) immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) Without prejudice to the generality of sub-

article (1), the Code of Ethics made in terms of article

92(2) may define any matter referred to in sub-article (1)

as a breach of ethics.".

69. Article 89 of the principal Act shall be amended as Amendment of

article 89 of the

principal Act.

(a)

the present provision shall be renumbered as sub-

article (1) thereof; and

(b) immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) Where within a period of five years the

Council has admonished a notary three times for such

conduct, abuse, negligence or a breach of ethics, he may be

suspended from office by the Court of Revision for a

period from one to six months upon an application being

made to the Court by the President of the Council.".

70. Article 92 of the principal Act shall be amended as

follows

(a)

the present provision shall be renumbered as sub-

article (1) thereof; and

(b) immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) The Notarial Council shall have the power to

make and amend, with the approval of the Notarial

College, regulations respecting a Code of Ethics for

Notaries.".

71. Immediately after article 93 of the principal Act there shall

be added the following new article

" Annual fee

Unless a higher fee is prescribed in

due to the

the regulations made in terms of article 92(1),

Council.

the annual fee due to the Notarial Council by

each notary, to the exclusion of those

mentioned in article 22, shall be calculated on

the basis of three euro (€3) for every act

published by the notary during any calendar

year (to the exclusion of wills and acts in terms

of Part IIIA), and such fee shall become due at

the end of every calendar year and payable

upon presentation of the acts in terms of article

94A(12)(d). The annual fee shall be revised

according to the cost of living index every ten

years from basis year 2011 and, in default of

such an index, in terms of regulations made

under this Act.".

72. Immediately after Part IV and immediately before the

beginning of Part V of the principal Act, there shall be added the

following new part and articles

"PART IVA

OF THE REVIEW OF ACTS

(1) For the purposes of this Part

Review of of

notarial acts.

and Part VI, unless the context otherwise

requires, the following definitions shall apply

"acts" means the original inter vivos acts

except those published in terms of Part IIIA;

"Chief Notary" means the Chief Notary

to Government, and includes a Notary to

Government duly delegated by him and

approved by the Court;

"basis year" means any calendar year

starting on the first day of January and ending

on the thirty first day of December of that

year;

"Council" means the Notarial Council;

"Court" means the Court of Revision of

Notarial Acts established by article 110;

"inspection" has the meaning assigned to

it in Part VI;

"Minister"

means

the

Minister

responsible for notarial affairs;

"notary" includes notary keeper;

"partial incapacitation" has the meaning

assigned to it in sub-article (19);

"period of presentation" means the

months from April to September both

inclusive immediately following the end of

any basis year;

"period of review" means a continuous

period of twelve months starting on the first of

July of the year immediately following the end

of a basis year, during which period the

notarial acts are reviewed;

"President of the Council" means the

President of the Council acting in such a

capacity in the name of the Council, or his

delegate;

"previous basis year" means the basis

year immediately preceding the period of

presentation, and shall include any part

thereof;

"review" has the meaning assigned to it

in article 94B;

"review officers" means the persons

holding such an appointment in terms of sub-

article (4);

"wills" means the original wills.

(2) It shall be the duty of the Council to

Council’s

duty.

ensure that all acts published in any basis year

are presented to a review officer during the

period of presentation so that the latter may

review them during the period of review, and

that within two months immediately following

the completion of the period of review, the acts

are inspected by the Court in terms of this Act.

(3) For the purposes of sub-article (2),

Appointment

of review

the President of the Council shall from time to

officers.

time by application to the Court submit the

names of such qualified persons as the Council

deems appropriate for appointment as review

officers, and the Court shall within fifteen

days approve or otherwise their proposed

appointment.

(4) The Council shall appoint as review

officers the persons so approved for such

periods of time, which may not be less than

one year, and under such conditions as the

Council shall determine.

(5) (a)

No person shall be qualified

Qualifications

to be appointed as review officer unless he

holds or has held the warrant of notary or

advocate for at least two years

Provided that a notary’s appointment as

review officer shall be conditional on his

resigning his office as notary as provided in

article 14(1)(d); so however that, if he is not

re-appointed as review officer or if he resigns

the office of review officer, he may within

three months of the date when he could have

been re-appointed review officer or from the

date of his resignation as review officer, apply

to the Minister responsible for notarial affairs

to be granted again the warrant to exercise his

profession as notary and, in such case,

notwithstanding any other provision of this or

any other law and provided the President of

the Council confirms to the Minister that the

Council is in possession of the documents

required by sub-article (12)(a), (b) and (c), the

Minister shall submit his name to the President

of Malta who shall forthwith re-appoint him

notary, and his re-appointment shall be

published in the Gazette in terms of article

5(1).

(b) If a review officer is not so

re-appointed following his term as a review

officer or if he resigns, he shall within seven

days of the termination of his term as review

officer or of his resignation hand over to

another review officer as directed by the

President of the Council all acts, registers,

indexes, notes and other documents in his

possession in view of his former appointment

and, if he fails to do so, apart from any other

liability in terms of this or any other law, he

shall be awarded by the Court at the instance

of the President of the Council a penalty of

two hundred and fifty euro (€250) due as a

civil debt in favour of the Council for every

week or part thereof during which he fails to

comply.

(6) A review officer shall not enter into

Oath of office.

his duties unless he has taken before the Court

the oath of office as follows: "I, ......................

swear to exercise to the best of my ability the

office of review officer established by the

Notarial Profession and Notarial Archives Act,

Chapter 55 of the Laws of Malta. So help me

God."

Provided that a review officer who,

immediately following a period in such a

capacity, is re-appointed for a further period or

periods shall not take the oath of office again.

(7) A review officer shall have the duty

Duties and

powers of

and the power -

review

officers.

(a)

to accept in the name of the

Council the presentation of acts

published by notaries;

(b) to review in the name of the

Court the acts of notaries for the

purposes of the relevant provisions of

this and any other law;

(c)

to collect from notaries the

fees due for the review and the Council’s

annual fee, and forward them to the

Council as soon as he receives them; and

(d) to perform such other

functions as may be assigned to him by

this or any other law.

(8) (a)

In all administrative matters

Review

officers are

related to the process of acceptance of acts

answerable to

the Council in

which notaries present during the period of

all

presentation, review officers shall act under

administrative

matters.

the direction of the Council to which they shall

be answerable; in all other matters including

decisions taken when the acts are presented

and during the review of the acts, review

officers shall act independently of the Council

but subject to any direction of the Court to

which they shall be answerable.

(b) A review officer may apply

to the Court for directions concerning the

manner in which he may or should act in

connection with any matter concerning the

presentation of acts and their review; and the

Court may give such directions, if any, as it

thinks fit.

(9) Notaries shall be charged for such

Fees.

review a fee of three euro (€3) per act which

shall be due to the Council at the end of the

basis year when the act was published, and the

fee shall be collected by a review officer upon

the presentation of the acts by the notary as

provided in sub-article (12). Such fee shall be

revised every ten years from basis year 2011

according to the cost of living index and, in

default of such an index, in terms of

regulations made by the Minister after

consulting the Council.

(10) (a)

During

the

period

of

Presentation

of acts.

presentation all notaries shall present to a

review officer on dates and in places

mentioned in the notice referred to in

paragraph (d), in volumes bound as required

by this Act, all the acts they published during

the previous basis year including their

respective indexes. They shall also present the

copy of the notes of enrolment and reference

given to the notary by the Director of Public

Registry in terms of articles 50(6) and 52(3)

Provided that the presentation of acts

published by notaries referred to in article 22

shall be made at the Archives and the review

shall take place therein.

(b) The Council shall ensure that

the presentation of such acts be conducted in a

transparent and orderly manner.

(c)

(i) For the purposes of

paragraphs (a) and (b), the Council shall in

January of every year cause to be published in

the Gazette a notice containing the following

(i) a list of the names

of all notaries who in the

previous basis year were

known to have practised

their profession;

(ii) a list of the names

of all keepers of the acts of

notaries who practised their

profession in the previous

basis year;

(iii) a list of the names

of the review officers

assigned to each of the

notaries mentioned in sub-

paragraph (i);

(iv) a list of the names

of the review officers

assigned to each of the

notaries keeper mentioned

in sub-paragraph (ii); and

(v) a time-table with

the dates when and the

place where the acts,

including their indexes,

published

during

the

previous basis year are to

be presented to the

respective review officer

for his review.

(ii) For the purposes of

sub-article (16), the same notice

shall also contain a time-table with

the dates when and the place where

notaries and notaries keeper are to

present to the Chief Notary for his

review the wills, including their

indexes, published during the

previous basis year.

(d) Notwithstanding any other

provision of this or any other law, the

publication of the notice mentioned in

paragraph (c)(i) and (ii) shall be deemed

for all purposes of law to be sufficient

notice to the notaries mentioned therein

of their obligation to present on the dates

and in the places mentioned in the notice

the acts and wills including their

indexes, and all other documents and to

make the payments required by this and

any other article of this Act.

(e)

The Council shall cause to be

published in the Gazette any amendment

it makes to the notice mentioned in

paragraph (c)(i) and (ii), but such

amendment shall not be effective with

regard to a notary or notary keeper

referred to therein unless at least one

month elapses from the date when he is

so informed by registered letter.

(11) (a)

Together

with

the

Declaration.

presentation of acts, the notary shall submit a

written declaration containing a statement of

(i) the

number

of

volumes presented,

(ii) the number of acts in

each volume, and

(iii) the number of pages of

acts in each volume.

(b) The review officer shall

immediately check whether the number

of volumes, the number of acts and the

number of pages tally with the

declaration and, if there is any

discrepancy, the notary shall have the

option either to re-present the acts within

such time as the review officer shall

determine which shall in no case exceed

seven days, together with a declaration

that tallies with the aforementioned

details of the number of volumes, acts

and pages, or to give his consent to the

review officer to record on the

declaration what the discrepancies are

and the notary shall on the same day

effect the required corrections regarding

the number of volumes, acts and pages

and make any corrections in terms of this

Act in the progressive number of the acts

and the page numbers.

(c)

The review officer shall

make two photostatic copies of the

original with his comments, if any, one

copy of which shall be authenticated by

the review officer and given to the notary

as a receipt of the acts that have been so

presented, and the other shall be

authenticated by the notary and kept by

the review officer.

(d) The notary shall appear

before the review officer either

personally or through a special attorney

constituted in writing.

(12) Together with the declaration

Other

documents.

required by sub-article (11), the notary shall

also submit to the review officer the

following

(a)

the insurance certificate

referred to in article 10A, unless he

presents a copy of the Court’s decree

exempting him from complying with

such a requirement;

(b) the personal details of the

notary and such other information,

including details of notarial deposit

accounts, as may be required in terms of

regulations made by the Minister after

consulting the Notarial Council;

(c)

a copy of the extract from the

Gazette referred to in article 10B(2) if

there has been a change in the notary’s

name or surname; and

(d) the fees due for the review in

terms of sub-article (9), and the

Council’s annual fee for the previous

basis year in terms of article 93A.

(13) It shall be the duty of the Chief

Wills.

Notary to ensure that all wills published in any

basis year are presented to him in the Archives

during the period of presentation so that he

may review them during the period of review,

and that within two months immediately

following the completion of the period of

review such wills are inspected by the Court in

terms of this Act.

(14) For the purposes of sub-article (13),

all notaries shall present to the Chief Notary in

bound volumes as required by this Act the

wills which they published during the previous

basis year together with a declaration

regarding such wills containing information

similar to that required in sub-article (11)(a) as

well as the fee referred to in sub-article (15),

and all the provisions on the functions and

powers of review officers regarding the

presentation of acts shall mutatis mutandis

apply to the Chief Notary, and the notaries

shall have the same duties with regard to such

presentation.

(15) Notaries shall be charged for such

review a fee of three euro (€3) per will which

shall be due to the office of the Notary to

Government at the end of the basis year when

it was published and shall be payable upon the

presentation of such wills. This fee shall be

revised every ten years from basis year 2011

according to the cost of living index and, in

default of such an index, in terms of

regulations made by the Minister after

consulting the Council.

(16) The presentation of wills shall be

made to the Chief Notary in terms of the

notice referred to in sub-article (10)(c)(ii) and

all the provisions of sub-articles (10), (11) and

(12) shall mutatis mutandis apply

Provided that where the notary appears

through a special attorney, the Chief Notary

shall not proceed to accept the presentation of

wills unless the special attorney is also a

notary who shall be bound to observe the same

professional secrecy and confidentiality as

required of the notary who published them.

(17) The Chief Notary to Government

Oath of office

of Chief

shall not enter into his duties in term of this

Notary.

article until he takes before the Court the

following oath: "I, ............................. swear to

exercise to the best of my ability the office of

accepting the presentation of and reviewing

wills in terms of the Notarial Professions and

Notarial Archives Act, Chapter 55 of the Laws

of Malta, and to observe the same professional

secrecy and confidentiality as required of the

notaries who published them. So help me

God.".

(18) (a)

If a notary -

Failure to

comply.

(i) fails to appear before

the review officer and present to

him the acts as required by this

article, or

(ii) fails to make a

complete declaration with regard to

the acts in terms of sub-article

(11)(a), or

(iii) fails to present the

insurance certificate or the Court

decree as required by sub-article

(12)(a), or

(iv) fails to effect the full

payments as required by sub-article

(12)(d),

he shall, subject to the following provisions of

this article, be liable until he complies to a fine

(ammenda) of fifty euro (€50) per week or part

thereof, to start running from the date of filing

of the application mentioned in the proviso to

this paragraph, and he shall be partially

incapacitated from exercising his functions

until he complies

Provided that the review officer shall

grant the notary a period of one month to

comply and, if the notary fails to do so, the

review officer shall, within three days of such

failure, file an application in the Registry of

the Court informing the Court of the notary’s

failure and requesting it to order the Registrar

to issue a formal subpoena in terms of article

(1) Kull arkivist għandu jżomm

ġenerali ta’

indiċi ġenerali tan-nutara li l-atti tagħhom jiġu

nutara.

ppubblikati fl-1 ta’ Jannar 2012 jew wara u

jiġu depożitati fl-Arkivji skont il-liġi.

(2) Id-dispożizzjonijiet ta’ dan l-

artikolu jgħoddu ukoll għar-reġistri ta’ dawk l-

atti li jistgħu ikunu ġew depożitati fl-Arkivji.

(3) Il-Ministru

responsabbli

għal

affarijiet nutarili għandu jippreskrivi l-mod li

bih indiċi bħal dak għandu jinżamm u l-

informazzjoni li għandu ikun hemm fih.".

77. Fl-artikolu 105 tal-Att prinċipali l-kliem "L-atti, reġistri"

għandhom jiġu sostitwiti bil-kliem "Mingħajr ħsara għall-Att dwar

Atti Nutarili (Provvedimenti Temporanji), l-atti. reġistri".

78. L-artikolu 110 tal-Att prinċipali għandu jiġi sostitwit

b’dan li ġej

"110. (1) Is-sorveljanza fuq in-nutara kollha, l-Arkivji

Nutarili u r-Reġistru Pubbliku għandha tiġi eżerċitata mill-Qorti

ta’ Reviżjoni tal-Atti Nutarili.

(2) Il-qorti għandha tkun presjeduta minn Imħallef

irtirat jew Maġistrat irtirat jew avukat irtirat li jkun ipprattika l-

professjoni tiegħu għal aktar minn tnax-il sena.

(3) Fil-każ ta’ astensjoni jew rikuża, kwalunkwe

maġistrat għandu jisma’ l-każ.

(4) Il-qorti għandha tkun qorti ġudizzjarja li jkollha l-

funzjonijiet stabbiliti b’dan l-Att u dawk il-funzjonijiet l-oħra li

jistgħu jiġu assenjati lilha taħt xi liġi oħra.

(5) Il-Ministru responsabbli mill-affarijiet nutarili

għandu jaħtar lill-Imħallef irtirat jew Maġistrat irtirat jew

avukat irtirat imsemmi fis-subartikolu (2) għal dak il-perijodu

ta’ żmien kif jissemma fl-att tal-ħatra tiegħu li m’għandux

jeċċedi s-sentejn. Min jinħatar hekk ikun jista’ jerġa’ jinħatar

għal perijodi oħra.

(6) Għall-għanijiet

tas-subartikolu

(5),

"irtirat"

b’riferenza għall-Imħallef, Maġistrat jew avukat li jkun aċċetta

l-ħatra tiegħu biex jippresjedi l-Qorti jfisser li hu jitqies li

rrinunzja għall-eżerċizzju tal-professjoni tiegħu ta’ avukat.

(7) Malli l-ħatra tiegħu tintemm skont is-subartikolu (5)

jew jekk jirriżenja mill-kariga tiegħu, l-Imħallef irtirat,

Maġistrat irtirat jew avukat irtirat m’għandux jibqa’ jitqies li

rrinunzja għall-eżerċizzju tal-professjoni tiegħu ta’ avukat, u

dana minkejja kull liġi li tipprovdi xort’oħra, u mingħajr ma

jkollu ħtieġa li jwettaq xi formalità.

(8) Min jinħatar għandu kemm jista’ jkun malajr wara l-

ħatra tiegħu u qabel ma jibda l-ħidma tiegħu jieħu dan il-

ġurament tal-kariga quddiem il-Qorti tal-Appell: "Jiena

.................. maħtur biex nippresjedi l-Qorti ta’ Reviżjoni ta’

Attijiet Nutarili naħlef li neżamina u niddeċiedi dak li jinġieb

quddiemi b’mod imparzjali, ġust u skont il-liġi. Hekk Alla

jgħini."

Iżda min minnufih wara li jkun serva perijodu f’din il-

kariga jerġa’ jinħatar għal perijodu jew perijodi oħra

m’għandux jerġa’ jieħu l-ġurament tal-kariga.

(9) Min jinħatar għandu jirċievi dik ir-remunerazzjoni li

tissemma fl-att tal-ħatra tiegħu. Din ir-remunerazzjoni ma tistax

tinbidel kontra l-maħtur matul il-perijodu tal-ħatra.".

79. L-artikolu 111 tal-Att prinċipali għandu jiġi emendat kif Emenda tal-

artikolu 111 tal-

Att prinċipali.

(a)

in-nota marġinali tiegħu għandha tiġi sostitwita

b’din li ġejja: "Id-deċiżjonijiet għandhom jiġu nnotifikati lill-

Avukat Ġenerali, lill-President tal-Kunsill Nutarili, lill-arkivist

jew lin-nutar konċernat.";

(b) l-artikolu preżenti għandu jiġi enumerat mill-ġdid

bħala s-subartikolu (1) tiegħu; u

(ċ)

minnufih wara s-subartikolu (1) tiegħu, kif enumerat

mill-ġdid, għandu jiżdied is-subartikolu ġdid li ġej

"(2) Kopja ta’ dik id-deċiżjoni, digriet, ordni jew

avviż bil-miktub dwar dak li jkun ġie deċiż għandha tiġi

notifikata wkoll lill-President tal-Kunsill.".

80. L-artikolu 112 tal-Att prinċipali għandu jiġi emendat kif Emenda tal-

artikolu 112 tal-

Att prinċipali.

(a)

id-dispożizzjoni preżenti għandha tiġi enumerata

mill-ġdid bħala s-subartikolu (1) tiegħu;

(b) il-kliem "jew minn wieħed mill-Viżitaturi waħdu"

fis-subartikolu (1) tiegħu, kif enumerat mill-ġdid, għandhom

jitħassru; u

(ċ)

minnufih wara s-subartikolu (1) tiegħu, kif enumerat

mill-ġdid, għandhom jiżdiedu s-subartikoli ġodda li ġejjin

"(2) Appell mill-arkivist jew nutar skont is-

subartikolu (1) għandu jsir biss kontra l-Avukat Ġenerali.

(3) Kopja tar-rikors magħmul skont is-

subartikolu (1) u tal-atti kollha sussegwenti tal-każ

għandha, ħlief meta l-appellant jew l-intimat ikun l-

arkivist, tiġi notifikata wkoll lill-President tal-Kunsill.".

81. L-artikolu 114 tal-Att prinċipali għandu jiġi sostitwit b’dan

"114. Ir-Reġistratur tal-Qorti tal-Maġistrati għandu

jaġixxi bħala Registratur tal-Qorti u għandu jieħu sehem fis-

seduti tagħha.".

82. L-artikolu 115 tal-Att prinċipali għandu jiġi emendat kif

(a)

fis-subartikolu (1) tiegħu, il-kliem "tan-nutara."

għandhom jiġu sostitwiti bil-kliem "tan-nutara u kull post fejn

iżommu l-atti, ir-reġistri u l-indiċijiet nutarili:";

(b) il-proviso li ġej għandu jiżdied mas-subartikolu (1),

kif emendat, tiegħu

"Iżda għal dak li jirrigwarda nutar, is-setgħat li

jiġu eżerċitati mill-Avukat Ġenerali skont dan is-

subartikolu, għandhom mutatis mutandis jiġu eżerċitati

indipendentement mill-President tal-Kunsill.";

(ċ)

fis-subartikolu (2) tiegħu, minnufih wara l-kliem "l-

Avukat Ġenerali" għandhom jiżdiedu l-kliem "jew, kif ikun il-

każ, il-President tal-Kunsill"; u

(d)

is-subartikolu (3) tiegħu għandu jiġi sostitwit b’dan

li ġej

"(3) Fil-każ ta’ żjajjar u spezzjonijiet

imsemmijin

f’dan

l-artikolu,

id-

dispożizzjonijiet tal-artikoli 94B(1)(b), 111,

112, 116, 118, 119 u 124, u d-

dispożizzjonijiet tal-artikolu 19(4) tal-Att

dwar

it-Taxxa

fuq

Dokumenti

u

Trasferimenti għandhom jgħoddu mutatis

mutandis.".

83. L-artikolu 114 tal-Att prinċipali għandu jiġi sostitwit b’dan

"117. (1) Għandha ssir spezzjon ġenerali tal-atti nutarili

ta’ kull nutar, l-indiċijiet u r-reġistri rispettivi tagħhom mill-

Qorti darba fis-sena wara li ssir ir-reviżjoni li titwettaq skont l-

artikolu 94B.

(2) Meta l-Qorti tkun ittrattat rapport skont l-artikolu

94B, l-atti nutarili jitqiesu li jkunu ġew spezzjonati b’mod

regolari kif previst fis-subartikolu (1).

(3) L-atti oriġinali, flimkien mal-indiċijiet rispettivi

tagħhom, għandhom, meta tispiċċa din l-ispezzjon u wara l-

ordni tal-Qorti, jitqiegħdu fl-Arkivji permezz ta’ uffiċjal

reviżur jew in-Nutar Prinċipali, kif ikun il-każ.".

84. Fis-subartikolu (1) tal-artikolu 118 tal-Att prinċipali l- Emenda tal-

kliem "Il-qorti fuq imsemmija" għandhom jiġu sostitwiti bil-kliem artikolu

Att prinċipali.

"Wara li jkunu saru l-ispezzjonijiet skont l-artikoli 115 jew 116, il-

qorti fuq imsemmija".

85. L-artikolu 119 tal-Att prinċipali għandu jiġi sostitwit b’dan Sostituzzjoni

tal-artikolu 119

tal-Att

prinċipali.

" Kontrofirma

Kull volum ta’ atti, reġistri u

tal-volumi.

indiċijiet nutarili oriġinali u kull ktieb u

reġistru li n-nutara u l-arkivist huma obbligati

jżommu, għandu jiġi kontrofirmat mill-uffiċjal

reviżur jew min-Nutar Prinċipali li jkunu

rrevedew l-atti nutarili skont l-artikolu 94B, u

mill-qorti fil-każijiet l-oħra kollha.".

86. L-artikolu 120 tal-Att prinċipali għandu jiġi emendat kif Emenda tal-

artikolu 120 tal-

Att prinċipali.

(a)

in-nota marġinali tiegħu għandha tiġi sostitwita

b’din li ġejja: "Proċedura meta jiġi msejjaħ nutar."; u

(b)

is-subartikolu (1) tiegħu għandu jiġi sostitwit b’dan

li ġej

"(1) Meta nutar jonqos li jidher quddiem uffiċjal

reviżur jew quddiem in-Nutar Prinċipali kif meħtieġ bl-

artikolu 94A(18) jew meta hekk jidher iżda ma jipproduċix

dak li hu meħtieġ bl-artikolu 94A(10), (11) and (12), hu

għandu, wara li jkun sar rikors mill-uffiċjal reviżur jew

min-Nutar Prinċipali, kif ikun il-każ, jiġi mġiegħel

jagħmel dan permezz ta’ taħrika formali maħruġa mir-

Reġistratur f’isem l-imsemmija Qorti, li għandha tiġi

notifikata lin-nutar għall-inqas sebat ijiem qabel id-data

ġdida stabbilita għall-preżentazzjoni quddiem l-uffiċjal

reviżur jew in-Nutar Prinċipali kif ikun il-każ u għandha

tispeċifika liema huma l-atti jew testmenti, reġistri u

indiċijiet kif ukoll dokumenti oħra li n-nutar għandu

jipproduċi u l-ħlasijiet li għandu jagħmel, il-post fejn u l-

ġurnata u l-ħin li fihom hu għandu jattendi.".

87. L-artikolu 121 tal-Att prinċipali għandu jitħassar.

88. L-artikolu 123 tal-Att prinċipali għandu jiġi sostitwit b’dan

li ġej

"123. Jekk persuna, mħarrka kif jingħad fl-artikoli 120

jew 122, tonqos milli tidher quddiem il-qorti, l-uffiċjal

reviżur jew in-Nutar Prinċipali, kif ikun il-każ, u tipproduċi

l-atti nutarili, ir-reġistri, il-kotba, id-dokumenti u l-indiċijiet

speċifikati fit-taħrika, il-qorti tista’ toħroġ mandat ta’

akkumpanjament kontra dik il-persuna u tista’ tordna l-qbid

tad-dokumenti msemmija fit-taħrika.".

89. Is-subartikolu (2) tal-artikolu 124 tal-Att prinċipali għandu

jiġi sostitwit bis-subartikoli ġodda li ġejjin

"(2) Meta l-kontravvenzjoni tikkonsisti f’xi nuqqas min-

naħa tan-nutar jew tal-arkivist, il-qorti għandha tordna lil dan

in-nutar jew lill-arkivist jagħmel dak li jkun naqas li jagħmel,

fiż-żmien li l-qorti tiffissa fid-diskrezzjoni tagħha.

(3) Meta l-ordni jingħata lill-arkivist, il-qorti għandha

tordna lir-reġistratur li jivverifika jekk dak l-ordni ġiex esegwit

sewwa. Fin-nuqqas tal-eżekuzzjoni ta’ dan l-ordni l-qorti tista’

tissospendi lill-arkivist mill-kariga tiegħu għal dak iż-żmien li

fih l-ordni ma jiġix eżegwit.

(4) Meta l-ordni jingħata lil nutar, il-qorti għandha

tordna lil wieħed mill-uffiċjali reviżuri jekk l-ordni jirreferi għal

atti, jew lin-Nutar Prinċipali jekk l-ordni jirreferi għal testmenti

li jivverifikaw jekk dak l-ordni ġiex esegwit sewwa. Fin-nuqqas

tal-eżekuzzjoni ta’ dan l-ordni l-qorti tista’ fid-diskrezzjoni

tagħha tordna l-inabilitazzjoni parzjali tan-nutar għal dak iż-

żmien li fih l-ordni ma jiġix eżegwit, u d-dispożizzjonijiet

kollha dwar l-inabilitazzjoni parzjali għandhom jgħoddu mutatis

mutandis.".

90. Fis-subartikolu (1) tal-artikolu 125 tal-Att prinċipali l-

kliem "mill-Avukat Ġenerali" għandhom jiġu sostitwiti bil-kliem

"mill-Avukat Ġenerali, il-President tal-Kunsill Nutarili".

91. Fl-artikolu 127 tal-Att prinċipali, il-kliem "ħdax-il euro u

ħamsa u sittin ċenteżmu (€11.65)" għandhom jiġu sostitwit bil-kliem

"mitt euro (€100)".

92. L-artikolu 130 tal-Att prinċipali għandu jitħassar.

Tħassir tal-

artikolu 130 tal-

Att prinċipali.

93. L-artikoli 131 u 132 tal-Att prinċipali għandhom jiġu Sostituzzjoni

tal-artikoli 131

sostitwit b’dawn li ġejjin

u 132 tal-Att

prinċipali.

"131. (1) Nutar li -

(a) jkun reċidiv f’xi kontravenzjoni skont l-

artikoli 68, 68A, 68B u 69; jew

(b) jikser xi waħda mid-dispożizzjonijiet tal-

artikoli 12(a), (ċ)(i), (ċ)(ii) u (d), l-artikolu 25(6) jew l-

artikolu 26,

jeħel ammenda ta’ ħames mitt euro (€500).

(2) Nutar jew arkivist li jikser id-dispożizzjonijiet tal-

artikoli 11, 28(1)(a), (i) u (k), 34, 35, 36, 37, 38, 44, 55, 58, 60,

62, 64, 68, 68A, 68B, 69, 100, 103 u 105 jeħlu, għal kull

kontravenzjoni, ammenda ta’ ħamsin euro (€50).

(3) Nutar li waqt is-sospensjoni jew inabilitazzjoni

(ħlief inabilitazzjoni parzjali) tiegħu joħroġ kopja, estratt jew

dikjarazzjoni jeħel ammenda ta’ tletin euro (€30).

(4) Bla ħsara għad-dispożizzjonijiet tal-artikoli 88, 89 u

143, in-nutar li jikser xi dispożizzjoni oħra ta’ dan l-Att li

għaliha m’hemmx speċifikat piena dixxiplinarja jeħel għal kull

kontravenzjoni ammenda ta’ għaxar euro (€10).

(5) Meta. b’riferenza għall-istess att nutarili, nutar

jinstab ħati ta’ aktar minn kontravenzjoni waħda li hi punibbli

b’ammenda, hu għandu jingħata l-ogħla piena applikabbli jew,

jekk il-kontravenzjonijiet huma punibbli bl-istess piena, għandu

jeħel dik il-piena.

(b) The provisions of paragraph

(a) shall mutatis mutandis apply to -

(i) the presentation of

wills to the Chief Notary in terms of

sub-article (14),

(ii) the submission in

terms of sub-article (14) of a

complete declaration regarding

such wills,

(iii) the submission of a

copy of the insurance certificate or

the Court decree, and

(iv) the payment of the fee

in terms of sub-article (15).

(c)

If the notary fails to appear

before the review officer or the Chief Notary

on the date and at the place fixed in the

subpoena and produce to him the originals,

indexes and documents referred to in the

subpoena and make the payments mentioned

therein, the review officer or the Chief Notary,

as the case may be, shall by application filed

within three days of the date when the notary

should have appeared before the review officer

or the Chief Notary bring the notary’s alleged

failure to the cognizance of the Court and

request it to take the appropriate action.

(d) The Court shall by decree

served on the notary and the Attorney General

order that the notary and Attorney General

make written submissions on the matter, and it

shall also set a date for the hearing of the case.

If the facts are proved, the Court shall either -

(i) impose the disciplinary

punishment mentioned in paragraph

(a), and partially incapacitate the

notary until he complies, or

(ii) suspend him in terms

of article 132.

(e)

The Court’s powers in terms

of this sub-article shall be without prejudice to

its powers under article 123.

(19) (a)

A notary who has been

Partial

incapacitation

partially incapacitated from the exercise of his

functions may not, during such incapacitation,

exercise any notarial functions but he shall

have the right and the duty -

(i) to sign and submit

notices for the payment of duties

and taxes in terms of fiscal laws,

(ii) to sign and deliver

notes in terms of articles 50 and 52

of this Act, and notes of privileges

and hypothecs in terms of the Civil

Code,

(iii) to sign and submit

applications at the Land Registry,

and

(iv) to give copies, extracts

and make declarations as required

by article 74(1).

(b) The

order

of

partial

incapacitation

shall

be

enforceable

notwithstanding an appeal against the Court’s

declaration of responsibility of the notary, or

the award of a disciplinary punishment or the

order of partial incapacitation itself.

(c)

Unless the Court orders the

seizure of documents in terms of article 123,

the provisions of articles 20, 70(1) and 126

shall not apply when a notary is partially

incapacitated.

(d) (i) Where following an

application filed by a review officer in terms

of sub-article (18)(c), the Court partially

incapacitates the notary, and the Chief Notary

files a similar application with regard to the

same basis year, the Court shall not

incapacitate the notary for a second time but

the incapacitation imposed following the

review officer’s application shall likewise be

deemed to apply to the notary with regard to

the application of the Chief Notary, provided

that the incapacitation shall not extend for

more than six months.

(ii) The provisions of

subparagraph (i) shall apply mutatis mutandis

where the notary is partially incapacitated

following the Chief Notary’s application and

the review officer files a similar application

with regard to the same basis year.

(e)

A notary who publishes a

notarial act while he is subject to partial

incapacitation shall, at the instance of the

Attorney General or the President of the

Council, be deprived of his office and in

addition, but in the Court’s discretion, he shall

be liable to a fine of not more than five

thousand euro (€5,000) for any notarial act

which he publishes during such incapacitation.

(f)

Notwithstanding

any

provision of this or any other law, no notarial

act shall be invalid for the sole reason that it

was published by a notary while he was

subject to partial incapacitation.

(g) A notary who has been

subject to partial incapacitation for a

continuous period of six months shall be

deprived of his office by the Court at the

instance of the Attorney General or the

President of the Council, and all the provisions

of this Act regarding deprivation of office

shall apply including the appointment of a

notary keeper which the Court shall order in

the same decree.

(20) (a)

Where a notary who is

Rehabilitation

subject to partial incapacitation complies with

the requirements of sub-articles (10), (11),

(12), (14) and (16), the review officer or the

Chief Notary, as the case may be, shall

immediately by note filed in the Registry of

the Court inform the Court of such

compliance.

(b) The Court shall forthwith by

decree in camera rehabilitate the notary in the

full exercise of his functions.

(c)

The provisions of article

14(2) shall not apply to such rehabilitation.

(d) Both the note and the decree

shall be served on the notary, the Attorney

General and the President of the Council.

(21) The provisions of article 16 shall

Publication.

apply

to

partial

incapacitation

and

rehabilitation therefrom.

(22) (a)

If the notary who fails in his

Other

provisions.

obligations in terms of sub-articles (10), (11),

(12), (14) or (16) is the President or another

member of the Council he shall, unless he has

voluntarily resigned, forfeit his seat on the

Council and, in the case of the President of the

Council, his functions and powers shall be

taken over by the most senior notary in the

Council according to regulations made in

terms of article 92(1).

(b) Regulations made under

article 92(1) shall provide for such

eventualities and, in default, the Minister

responsible for notarial affairs shall make

regulations to ensure transparency in such

matters.

94B.(1)(a) Review officers shall review

Review.

the acts and the Chief Notary shall review the

wills.

(b) During the review, care shall

be taken to ascertain whether all obligations

imposed on notaries by this or any other law

have been complied with, especially the

provisions of the law relating to the drawing

up and preservation of notarial acts, registers

and indexes, and the payment of duty on

documents and other taxes.

(2) When the review is completed, the

review officer and the Chief Notary, as the

case may be, shall draw up separate reports in

the manner prescribed by regulations and they

shall file them in the Registry of the Court.

(3) In their reports, the review officer

and the Chief Notary shall list the notary’s

breaches of this Act and of any other law

which are punishable by the Court, and they

shall propose to the Court the appropriate

disciplinary punishments it could apply and

any directions that it could give to the notary.

(4) The notary shall have the right, by

means of an application filed within thirty

days from the date when a report is served on

him, to demand that the Court set aside in

whole or in part the report of the review

officer or the Chief Notary. The application

shall be served on the Attorney General who

shall have thirty days to reply.

(5) Where the notary has contested a

report or any part thereof, the Court shall

consider the notary’s written submissions

contesting the report or part thereof and the

Attorney General’s reply, if any, and shall

proceed by a decree in camera to confirm or

otherwise the reports of the review officer and,

or, the Chief Notary and shall award the notary

the disciplinary punishments of admonition

and reprimand or fine (ammenda) and may

give any other direction in terms of article

(6) (a)

Where the notary has not

contested a report, the Court shall proceed to

confirm it and award the disciplinary

punishments of admonition and reprimand or

fine, and give any other directions, unless it

appears to the Court that the report contains a

manifest error of law or of fact in which case

the Court shall through the Registrar send the

report back to the review officer or the Chief

Notary for his reconsideration. Following his

reconsideration, the Court shall decide

whether to accept, reject or vary the review

officer’s or Chief Notary’s report and the

disciplinary punishments or directions any of

them may have proposed.

(b) The provisions of sub-

articles (2), (3), (4) and (5) shall mutatis

mutandis apply with regard to the

reconsidered report of the review officer or the

Chief Notary.

(7) (a)

Where it appears from the

report of the review officer or the Chief

Notary that the notary is liable to the

punishment of suspension from or deprivation

of office, even if the notary has not contested

the report, the Court shall by decree served on

the notary and the Attorney General order that

the notary and Attorney General make written

submissions on that part of the report that may

give rise to either of the said disciplinary

punishments, and shall also set a date for the

hearing of the case.

(b) The provisions of sub-

articles (4) and (5) shall mutatis mutandis

apply.

(8) Where the notary fails to contest the

report or, after he has done so, the facts

alleged in the report are proved during a sitting

of the Court, the Court shall, notwithstanding

any other provision of this or any other law,

opt either to apply the disciplinary punishment

of suspension from or deprivation of office in

terms of the relevant provisions of this Act or

to partially incapacitate the notary for a period

not exceeding six months until he regularizes

his position and it shall also award a fine

(ammenda) of fifty euro (€50) per week or part

of a week until he regularizes his position.

(9) Where a notary has regularized his

position, the provisions of article 94A(20)

shall mutatis mutandis apply.

(10) (a)

The review officer or the

Chief Notary may also at any time during the

period of presentation and, or, review request

the notary to present the registers of acts or

wills and their respective indexes for the basis

year under review.

(b) The review officer or the

Chief Notary shall not keep the registers and

their respective indexes for more than twenty-

four hours, and he shall be responsible for

their custody until they are returned to the

notary.

(c)

If the notary fails to present

the registers to the review officer or the Chief

Notary when so requested, the provisions of

article 94A(18) shall mutatis mutandis apply.".

73. Article 97 of the principal Act shall be amended as Amendment of

article 97 of the

follows

principal Act.

(a)

in paragraph (d) thereof, for the words "this Act;"

there shall be substituted "this Act."; and

(b)

paragraph (e) thereof shall be deleted.

74. Article 98 of the principal Act shall be amended as Amendment of

article 98 of the

follows

principal Act.

(a)

in paragraph (d) thereof, for the words "this Act;"

there shall be substituted "this Act."; and

(b)

paragraph (e) thereof shall be deleted.

75. Immediately after sub-article (4) of article 103 of the

principal Act, there shall be added the following new sub-article

"(5) The provisions of this article shall apply to acts and

registers of acts published up to and including the 31st

December 2011 and deposited in the Archives at any time.".

76. Immediately after article 103 of the principal Act, there

shall be added the following new article

" General

103A. (1) Each archivist shall keep a

index of

general index of notaries whose acts are

notaries.

published on or after the 1st January 2012 and

are deposited in the Archives in terms of law.

(2) The provisions of this article shall

also apply to the registers of such acts which

may be deposited in the Archives.

(3) The Minister responsible for

notarial affairs shall prescribe the manner in

which such index is to be kept and the

information it shall contain.".

77. In article 105 of the principal Act, for the words "The acts,

registers" there shall be substituted the words "Saving the provisions

of the Notarial Acts (Temporary Provisions) Act, the acts, registers".

78. Article 110 of the principal Act shall be substituted by the

following

"110. (1) Supervision over all notaries, the Notarial

Archives and the Public Registry shall be exercised by the Court

of Revision of Notarial Acts.

(2) The court shall be presided by a retired Judge or a

retired Magistrate or a retired advocate who has practised his

profession for over twelve years.

(3) In case of abstention or challenge, any Magistrate

shall take cognizance of the case.

(4) The court shall be a court of law having the

functions set out in this Act and such other functions as may be

assigned to it under any other law.

(5) The Minister responsible for notarial affairs shall

appoint the retired Judge or retired Magistrate or retired

advocate mentioned in sub-article (2) for such period of time as

is specified in his appointment which shall not exceed two

years. An appointee shall be eligible for further periods of

appointment.

(6) For the purposes of sub-article (5), "retired" with

reference to the Judge, Magistrate or advocate who has accepted

the appointment to preside the Court shall mean that such

person is deemed to have renounced to the practice of his

profession as an advocate.

(7) Upon the termination of his appointment in terms of

sub-article (5) or his resignation from office, the retired Judge,

retired Magistrate or retired advocate shall, notwithstanding any

law to the contrary and without the need for any further

formality, no longer be deemed to have renounced to the

practice of his profession as an advocate.

(8) An appointee shall as soon as possible after his

appointment and before starting to exercise his functions take

the following oath before the Court of Appeal: "I .................

having been appointed to preside the Court of Revision of

Notarial Acts hereby swear to examine and decide with

impartiality, fairness and according to law the matters brought

before me. So help me God."

Provided that an appointee who, immediately following a

period in such a capacity, is re-appointed for a further period or

periods to preside the Court, shall not take the oath of office

again.

(9) An appointee shall receive such remuneration as

shall be stated in his appointment. Such remuneration may not

be altered to the disadvantage of the appointee during his period

of office.".

79. Article 111 of the principal Act shall be amended as Amendment of

article 111 of the

follows

principal Act.

(a)

for the marginal note thereof there shall be

substituted the following: "Decisions to be notified to the

Attorney General, the President of the Notarial Council, the

archivist or the notary concerned.";

(b) the present article shall be renumbered sub-article

(1) thereof; and

(c)

immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-article

"(2) A copy of such decision, decree, order or

written notice of an award shall also be served on the

President of the Council.".

80. Article 112 of the principal Act shall be amended as

(a)

the present provision shall be renumbered sub-

article (1) thereof;

(b) the words "or by any of the Visitors separately" in

sub-article (1) thereof, as renumbered, shall be deleted; and

(c)

immediately after sub-article (1) thereof, as

renumbered, there shall be added the following new sub-

articles

"(2) An appeal by the archivist or notary in terms

of sub-article (1) shall be made only against the Attorney

General.

(3) A copy of an application made in terms of

sub-article (1) and of all the subsequent records of the case

shall, except where the appellant or respondent is the

archivist, be also served on the President of the Council.".

81. Article 114 of the principal Act shall be substituted by the

following

"114. The Registrar of the Court of Magistrates shall act

as Registrar of the Court and shall take part in its sittings.".

82. Article 115 of the principal Act shall be amended as

(a)

in sub-article (1) thereof, for the words "of any

notary." there shall be substituted the words "of any notary and

any place where he keeps the notarial acts, registers and

indexes:";

(b) the following proviso shall be added to sub-article

(1), as amended, thereof

"Provided that with regard to a notary, the powers

exercisable by the Attorney General in terms of this sub-

article shall mutatis mutandis be exercisable independently

by the President of the Council.";

(c)

in sub-article (2) thereof, immediately after the

words "the Attorney General" there shall be added the words

"or, as the case may be, the President of the Council"; and

(d) for sub-article (3) thereof, there shall be substituted

the following

"(3) In the case of visits and inspections

mentioned in this article, the provisions of

articles 94B(1)(b), 111, 112, 116, 118, 119 and

124, and the provisions of article 19(4) of the

Duty on Documents and Transfers Act shall

mutatis mutandis apply.".

83. Article 117 of the principal Act shall be substituted by the Substitution of

article 117 of

following

the principal

Act.

"117. (1) A general inspection of the notarial acts of every

notary, their respective indexes and registers shall be made by

the Court once a year following the review carried out in terms

of article 94B.

(2) Where the Court has dealt with a report in terms of

article 94B, the notarial acts shall be deemed to have been

regularly inspected as provided in sub-article (1).

(3) The originals, together with the respective indexes

shall, on the termination of such inspection and following the

Court’s order, be deposited in the Archives by a review officer

or the Chief Notary, as the case may be.".

84. In sub-article (1) of article 118 of the principal Act for the Amendment of

words "The said court" there shall be substituted the words article

the principal

"Following the inspections made in terms of articles 115 or 116, the Act.

court".

85. Article 119 of the principal Act shall be substituted by the Substitution of

article 119 of

following

the principal

Act.

" Counter-

119. Each volume of original notarial

signature of

acts, registers and indexes, and every book and

volumes.

register which the notaries and the archivist

are bound to keep shall be countersigned by

the review officer or the Chief Notary who

reviewed the notarial acts in terms of article

94B, and by the court in all other cases.".

86. Article 120 of the principal Act shall be amended as

(a)

for the marginal note thereof there shall be

substituted the following: "Procedure where notary is

summoned."; and

(b) for sub-article (1) thereof there shall be substituted

the following

"(1) Where a notary fails to appear before a

review officer or the Chief Notary as required by article

94A(18) or where he appears but does not produce what is

required by article 94A(10), (11) and (12), he shall, on an

application filed by the review officer or the Chief Notary,

as the case may be, be called to do so by means of a formal

writ of subpoena issued by the Registrar in the name of the

said Court, which must be served on the notary at least

seven days before the new date fixed for presentation

before the review officer or the Chief Notary as the case

may be and must specify the acts or wills, registers and

indexes, as well as other documents which the notary is to

produce and payments he is to make, the place where and

the day and hour in which he is to attend.".

87. Article 121 of the principal Act shall be repealed.

88. Article 123 of the principal Act shall be substituted by the

following

"123. If any person, summoned as provided in articles 120

or 122, fails to appear before the court, the review officer or the

Chief Notary, as the case may be, and produce the notarial acts,

registers, books, documents and indexes specified in the

subpoena, the court may issue a warrant of escort against such

person and it may also order the seizure of the documents

specified in the writ of subpoena.".

89. Sub-article (2) of article 124 of the principal Act shall be

substituted the following new sub-articles

"(2) When the contravention consists in any omission on

the part of the notary or the archivist, the court shall order such

notary or archivist to do that which he has omitted, within such

time as the court shall fix in its discretion.

(3) Where the order is made to the archivist, the court

shall direct the registrar to see whether such order is punctually

carried out. If the archivist fails to comply with any such order,

the court may suspend the archivist from his office for such time

as the default continues.

(4) Where the order is made to a notary, the court shall

direct one of the review officers if the order refers to acts, or the

Chief Notary if the order refers to wills, to ensure that such

order is punctually carried out. If the notary fails to comply with

such order, the court may in its discretion order the partial

incapacitation of the notary until such time as he complies, and

all the provisions on partial incapacitation shall mutatis

mutandis apply.".

90. In sub-article (1) of article 125 of the principal Act, for the Amendment of

words "Attorney General" there shall be substituted the words article

the principal

"Attorney General, the President of the Notarial Council".

Act.

91. In article 127 of the principal Act, for the words "eleven Amendment of

euro and sixty five cents (€11.65)" there shall be substituted the article

the principal

words "one hundred euro (€100)".

Act.

92. Article 130 of the principal Act shall be repealed.

Repeal of article

130 of the

principal Act.

93. Articles 131 and 132 of the principal Act shall be Substitution of

articles 131 and

substituted by the following

132 of the

principal Act.

"131. (1) A notary who -

(a) is a recidivist in any contravention under

articles 68, 68A, 68B and 69; or

(b) offends against any of the provisions of

article 12(a), (c)(i), (c)(ii) and (d), article 25(6) or article

26,

shall be liable to a fine (ammenda) of five hundred euro (€500).

(2) A notary or archivist who contravenes the

provisions of articles 11, 28(1)(a), (i) and (k), 34, 35, 36, 37, 38,

44, 55, 58, 60, 62, 64, 68, 68A, 68B, 69, 100, 103 and 105 shall

be liable for every contravention, to a fine (ammenda) of fifty

euro (€50).

(3) The notary who during his suspension or

incapacitation (except for partial incapacitation), issues any

copy, extract or declaration shall be liable to a fine (ammenda)

of thirty euro (€30).

(4) Saving the provisions of articles 88, 89 and 143, the

notary who contravenes any other provision of this Act for

which there is no specific disciplinary punishment shall be

liable for each such contravention to a fine (ammenda) of ten

euro (€10).

(5) Where, with reference to the same notarial act, a

notary is guilty of more than one contravention punishable with

a fine (ammenda), he shall be awarded the higher or highest

applicable punishment or, if they are all punishable with a

similar fine, to one such fine.

Any notary who -

(a) through negligence, fails to preserve the acts

received by him as provided in this Act; or

(b) opposes the inspection referred to in article

115 or otherwise renders the same impossible; or

(c) is, for a second time, a recidivist in any of the

contraventions mentioned in article 131(1)(a); or

(d) is a recidivist in any of the contraventions

mentioned in article 131(1)(b),

shall be liable to suspension for a period from one to six

months.".

94. In article 134 of the principal Act for the words "in the

judgment." there shall be substituted the words "in the judgment and,

in default, in an order of the Court of Revision either of its own

motion or at the instance of the Attorney General or the President of

the Notarial Council.".

95. In article 135 of the principal Act for the words "Court of

Revision" there shall be substituted the words "Court of Revision at

the instance of the Attorney General or the President of the Notarial

Council".

96. Article 138 of the principal Act shall be substituted by the

following

"138. A notary shall be liable to be deprived of his office

if -

(a) he continues to practise during his suspension

or temporary incapacitation, saving the provisions of

article 131(3); or

(b) he publishes a notarial act while he is

partially incapacitated; or

(c) he has wilfully failed to preserve the acts

received by him or the registers thereof or any other acts or

the registers whereof he is the keeper; saving any heavier

punishment prescribed in the Criminal Code; or

(d) is, for a second time, a recidivist in any of the

contraventions mentioned in 132(b).".

97. Articles 147 to 151 of the principal Act shall be repealed.

Repeal of

articles 147 to

151 of the

principal Act.

98. Sub-article (1) of article 152 shall be amended as follows

Amendment of

article 152 of

the principal

(a)

paragraph (f) thereof shall be renumbered as

Act.

paragraph (g); and

(b) the following new paragraph shall be added

immediately after paragraph (e) thereof

"(f) provide guidelines on the manner in which

any of the provisions of articles 94A and 94B and any of

the provisions of the articles in Part VI of the Act is to be

interpreted or applied, so however that such interpretation

or application shall not be in conflict with the provisions of

this Act or of any regulations made thereunder;".

99. The Civil Code shall be amended as follows

Amendment of

the Civil Code.

(a)

in article 205 thereof, for the words "article 66"

there shall be substituted the words "article 68";

(b)

article 242 thereof shall be amended as follows

(i) in sub-article (2) thereof for the words "one

of the Visitors of Notarial Acts" there shall be substituted

the words "the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(ii) in sub-article (3) thereof for the words "one

of the said Visitors" there shall be substituted the words

"the said retired Judge or retired Magistrate or retired

advocate";

(c)

in sub-article (1) of article 253 thereof for the words

"one of the Visitors of Notarial Acts" there shall be substituted

the words "the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(d)

article 257 thereof shall be amended as follows

(i) in sub-article (1) thereof for the words "one

of the Visitors of Notarial Acts" there shall be substituted

the words "the retired Judge or retired Magistrate or retired

advocate of the Court of Revision of Notarial Acts";

(ii) in sub-article (4) thereof for the word

"Visitor" there shall be substituted the words "the said

retired Judge or retired Magistrate or retired advocate";

(iii) in sub-article (5) thereof for the word

"Visitors" there shall be substituted the words "the

aforesaid retired Judge or retired Magistrate or retired

advocate";

(iv) in sub-article (8) thereof for the word

"Visitor" there shall be substituted the words "retired

Judge or retired Magistrate or retired advocate";

(v) in sub-article (9) thereof for the word

"Visitor" there shall be substituted the words "retired

Judge or retired Magistrate or retired advocate as

aforesaid";

(e)

in paragraph (a) of sub-article (2) of article 280

thereof for the words "one of the Visitors of notarial acts" there

shall be substituted the words "the retired Judge or retired

Magistrate or retired advocate of the Court of Revision of

Notarial Acts";

(f)

article 281 thereof shall be amended as follows

(i) in sub-articles (1) and (2) thereof for the

words "one of the Visitors of notarial acts" there shall be

substituted the words "the retired Judge or retired

Magistrate or retired advocate of the Court of Revision of

Notarial Acts";

(ii) in sub-article (3) thereof, for the word

"Visitor" there shall be substituted the words "retired

Judge or retired Magistrate or retired advocate";

(g) in article 286 thereof for the words "one of the

Visitors of notarial acts" there shall be substituted the words

"the retired Judge or retired Magistrate or retired advocate of

the Court of Revision of Notarial Acts"; and

(h) article 610 thereof shall be substituted by the

following

"610. Saving the provisions of the Trusts and

Trustees Act and of article 12 of the Notarial Profession

and Notarial Archives Act, the notary by whom a public

will has been received, or the person by whom a secret will

has been written out, cannot benefit in any way by any such

will.".

100. The Public Registry Act shall be amended as follows

Amendment of

the Public

Registry Act.

(a)

sub-article (3) of article 11 thereof shall be repealed;

(b) in sub-article (1) of article 36 thereof, for the words

"One of the Visitors" there shall be substituted the words "The

retired Judge or retired Magistrate or retired advocate of the

Court of Revision"; and

(c)

in article 37 thereof, for the words "the Visitor"

there shall be substituted the words "the retired Judge or retired

Magistrate or retired advocate".

101. The Commissioners for Oaths Ordinance shall be Amendment of

the

amended as follows

Commissioners

for Oaths

Ordinance.

(a)

in article 3 thereof

(i)

sub-article (4) thereof shall be deleted;

(ii) sub-article (5) thereof shall be renumbered as

sub-article (4);

(b) sub-article (1) of article 6 thereof shall be amended

as follows

(i) for the words "as well as the magistrates"

there shall be substituted the words "as well as the

magistrates and the notaries"; and

(ii) immediately after sub-article (1) thereof there

shall be added the following new proviso

"Provided that a notary may at any time by

notice in writing to the Attorney General resign his

office as Commissioner for Oaths, and such

resignation shall be published in the Gazette.".

102. Sub-article (4) of article 19 of the Duty on Documents and

Transfers Act shall be substituted by the following

"(4) The examination of notarial acts

shall be carried out by the Court of Revision of

Notarial Acts which shall make a report to the

Commissioner of any offence against this Act

which may come to its notice during such

examination

Provided that such court may delegate

the Chief Notary to Government to examine in

its name any wills, and it may delegate a

review officer appointed in terms of article

94A of the Notarial Profession and Notarial

Archives Act to examine in its name any other

notarial act to the exclusion of those published

in terms of Part IIIA of the said Act

Provided further that the provisions of

this sub-article shall not preclude any officer

as is referred to in sub-article (1) from

inspecting inter vivos acts (to the exclusion of

those published in terms of Part IIIA of the

said Act) at the premises or elsewhere of a

notary for the purpose of ascertaining

compliance with this Act.".

103.(1)(a) Any notary who on 31st December 2011 is lawfully

entitled to exercise the office of notary in terms of the principal Act as

on that day is being confirmed in his appointment as notary from 1st

January 2012 as if he had been appointed in terms of the provisions of

the principal Act as amended by this Act, even if not all such

amendments come into force on that day.

(b) Any notary who on 31st December 2011 is the keeper of

notarial acts and registers in terms of the principal Act before the

coming into force of the amendments made by this Act is being

confirmed in such appointment as keeper from 1st January 2012 as if

he had been so appointed in terms of the provisions of the principal

Act as amended by this Act, even if not all such amendments come

into force on that day.

(2) Article 4(1) of the principal Act as substituted by this Act

shall refer to January of the year 2013 and subsequent years.

(3) Articles 5(4) and 5(5) of the principal Act added by this

Act shall refer to offences committed on or after the coming into

force of such provisions.

(4) (a)

The requisites for appointment as a notary

mentioned in article 6(1)(c) and 6(1)(d) of the principal Act as

substituted by this Act after their coming into force shall not apply to

persons who sit for the qualifying examination before the year 2015,

and the requisites required by article 6(c) and article 6(d) of the

principal Act as they stood prior to the coming into force of their

substitution by this Act shall continue to apply to such persons.

(b) Reference in article 7(2) and article 8(2) of the principal

Act as substituted by this Act to the qualifications of article 6(1)(a) to

(e) shall, with regard to the persons taking the qualifying examination

before the year 2015, be a reference to the provisions of article

6(1)(a), (b) and (e) of the principal Act after the coming into force of

their substitution by this Act, and to the provisions of article 6(c) and

(d) of the principal Act before the coming into force of their

substitution made by this Act.

(c) Article 6(c) and 6(d) of the principal Act as they stood

before the coming into force of their substitution by this Act shall be

reproduced in a footnote to the principal Act with reference to article

6 as substituted by this Act, and it shall also be stated in the footnote

that the said article 6(c) and article 6(d) before the coming into force

of their substitution by this Act shall continue to apply to the persons

taking the qualifying examination up to and including 2014. Such

footnote shall be retained up to the end of 2014.

(5) Article 7 of the principal Act as substituted by this Act

shall come into force on 1st November 2012. This substituted article

shall be reproduced together with the date of its coming into force in a

footnote in the principal Act with reference to article 7 before the

coming into force of its substitution by this Act, and such footnote

shall be retained till 31st October 2012.

(6) Articles 8 and 9 of the principal Act as substituted by this

Act shall come into force on 1st November 2012 and shall regulate

the qualifying examination to be held in 2013 and subsequent years,

and connected and ancillary matters. The date of the coming into

force of such substitution together with articles 8 and 9 as substituted

by this Act shall be reproduced in footnotes to the principal Act with

reference to articles 8 and 9 before the coming into force of their

substitution by this Act, and such footnotes shall be retained till 31st

October 2012.

(7) Article 10(1)(d) and article 10(1)(e) of the principal Act as

added by this Act shall refer to notaries who enter upon the exercise

of their functions as from 1st January 2013, provided that article

10(1)(d) and article 10(1)(e) shall not be applicable until regulations

have been made respectively under articles 10A(3) and 10(1)(e) of the

principal Act as added by this Act.

(8) There shall be no obligation of compulsory insurance in

terms of article 10A of the principal Act added by this Act before the

Minister responsible for notarial affairs has made regulations under

sub-article (3) thereof.

(9) Article 12 of the principal Act as substituted by this Act

shall refer to acts published upon the coming into force of such

substitution.

(10) A notary shall have no obligation in terms of article 24A of

the principal Act added by this Act to open a Notarial Deposit

Account until regulations have been made in terms of sub-article (10)

thereof.

(11) (a)

Article 40 of the principal Act as substituted by this

Act shall apply to all notarial acts published after the coming into

force of such substitution.

(b) Without prejudice to the rights already acquired by third

parties, the Minister responsible for notarial affairs shall by

regulations provide that a notarial act published before the coming

into force of such substitution having one or more of the defects

mentioned in article 40 of the principal Act as it stood prior to the

coming into force of such substitution and -

(i)

is enrolled in the Public Registry; or

(ii) in respect of which a note is filed in such registry for

the registration of a privilege arising from such act or of a

hypothec constituted therein; or

(iii) in respect of which an application is lodged in the

Land Registry for the first registration of or the dealing with the

immovable the subject-matter of the act,

shall be deemed valid notwithstanding such defect or defects, and in

making such regulations the Minister responsible for notarial affairs

may also subject the said validity to such terms and conditions as he

may consider appropriate

Provided that such regulations shall not apply to a notarial act

which has been declared null by a judgement of a competent Court for

any of the defects mentioned in article 40 prior to the coming into

force of its substitution by this Act, and which has become res

judicata.

(12) Articles 45A and 45B of the principal Act added by this

Act shall apply to inter vivos notarial acts whenever published.

(13) (a)

The amendments made by this Act to the provisions

of Title I of Part VI of the principal Act shall come into force on 1st

January 2013 and shall, subject to the provisions of this sub-article,

refer to all notarial acts whenever published

Provided that the appointment in terms of article 110 of the

principal Act as substituted by this Act of the retired Judge, retired

Magistrate or retired advocate to preside as from 1st January 2013 the

Court of Revision of Notarial Acts shall be made in October 2012 as

if all the provisions of article 110 of the principal Act substituted by

this Act had already come into force

Provided further that for the purposes only of membership of the

Board of Examiners in terms of article 7 of the principal Act as

substituted by this Act, and subject to the provisions thereof, such

appointee shall be deemed already to be the person ordinarily

presiding such Court.

(b) The provisions of articles 94A and 94B of the principal

Act both added by this Act shall come into force on 1st January 2013

and shall apply, subject to the provisions of this sub-article, to all

notarial acts whenever published.

Provided that the fee for the review mentioned in sub-articles

(9) and (15) of article 94A of the principal Act added by this Act shall

refer to all notarial acts mentioned therein published from 1st January

2012 onwards.

(c) Notarial acts published up to and including 31st December

2011 which at any time up to 31st December 2012 are deposited in

the Archives by the Special Commissioner in terms of the Notarial Cap. 408.

Acts (Temporary Provisions) Act and which by the 31st December

2012 are not inspected in terms of Title I of Part VI of the principal

Act as it stood prior to the coming into force of the amendments made

to its provisions by this Act, shall be reviewed by a review officer or

the Chief Notary to Government as the case may be in terms of article

94B of the principal Act as added by this Act.

(d) Notarial acts published up to and including 31st December

2011 which by 31st December 2012 are not deposited in the Archives

by the Special Commissioner in terms of the Notarial Acts

(Temporary Provisions) Act, shall be presented in terms of article

94A added by this Act to a review officer or to the Chief Notary as

the case may be for their review in terms of article 94B added by this

Act.

(e) Without prejudice to any other power of the Minister

responsible for notarial affairs to make regulations, he shall, after

consulting the Notarial Council, make regulations

(i)

to ensure the orderly presentation of notarial acts

referred to in sub-article (13)(d);

(ii) to determine which provisions of article 94A added

by this Act apply to the presentation of such notarial acts; and

(iii) to determine when the review of acts referred to in

sub-article (13)(c) and (13)(d) shall take place.

(f) The Notarial Acts (Temporary Provisions) Act shall be

repealed with effect from 1st January 2013, without prejudice to

whatever will have lawfully been done thereunder.

(g) Notwithstanding the provisions of Title I of Part VI of the

principal Act before the coming into force of their amendment by this

Act, the Court of Revision of Notarial Acts shall not after the 30th

April 2012 summon any notary, in terms of article 120 of the

principal Act as it stood before the coming into force of its

amendment by this Act, to present to such Court any notarial acts for

general inspection in terms of article 117 of the principal Act before

the coming into force of its substitution by this Act.

(h) All uninspected notarial acts in the possession of the Court

of Revision of Notarial Acts or any of its Visitors, shall be inspected

by the 31st October 2012 in terms of the provisions of Title I of Part

VI of the principal Act as they stood prior to the coming into force of

the amendments made to them by this Act and, after the inspection,

they shall be deposited in the Archives by 31st December 2012.

(i) Notarial acts referred to in paragraph (h) of this sub-article

which are not inspected by such Court by 31st October 2012 shall be

deposited in the Archives by 31st December 2012, and they shall be

reviewed in terms of article 94B of the principal Act as added by this

Act.

The provisions of sub-article (13)(e)(iii) of this article shall

mutatis mutandis apply to such acts.

(j) Wherever in this sub-article there is reference to review

carried out by a review officer or the Chief Notary as the case may be,

this shall be followed by inspection of the Court in terms of the

provisions of Title I of Part VI of the principal Act as amended by this

Act.

(14) All the disciplinary punishments contained in the principal

Act prior to the coming into force of their amendment by this Act,

shall continue to be applicable to breaches of duty mentioned therein

committed by a notary before the coming into force of the respective

amendments.

(15) Saving what is otherwise provided in sub-article (13) of

this article regarding the inspection of acts published up to the 31st

December 2011, matters which on 31st December 2012 are pending

before the Court of Revision of Notarial Acts shall from 1st January

2013 be continued before the same Court composed in terms of article

110 of the principal Act as substituted by this Act.

Passed by the House of Representatives at Sitting No. 429 of the

7th December, 2011.

M ICHAEL F RENDO

Speaker

P AULINE A BELA

Clerk to the House of Representatives