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ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

23 Articles / Provisions · Malta
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Table of Provisions (23)

Statutory Text (23 Articles)

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

I assent.

(L.S.)

MARIE-LOUISE

COLEIRO PRECA

President

31st July, 2018

ACT No. XXXIV of 2018

AN ACT to amend the Notarial Profession and Notarial

Archives, 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 authority of the same, as follows:-

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

The short title of this Act is the Notarial Profession and

Notarial Archives (Amendment) Act, 2018, 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".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

In sub-article (2) of article 3 of the principal Act for the

words "in the Government Property Division" there shall be

substituted the words "with the Lands Authority" and for the words

"be appointed to be" there shall be substituted the words "practice as".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 6 of the principal Act shall be amended as follows: Amendment of

article 6 of the

principal Act.

(a) in paragraph (d) of sub-article (1) thereof,

immediately after the words "in terms of article 7," there shall be

added the words "and provided that the start of such traineeship

shall commence after the attainment of the academic degree

mentioned in paragraph (c),";

(b) in the second proviso to paragraph (d) of sub-article

(1) thereof, immediately after the words "prior to the date when

such qualifying examination is held" there shall be added the

words "and the start of such traineeship shall be communicated

to and logged by the Notarial Council, which shall also have the

faculty to refuse the giving of such traineeship by the notary

concerned, where the Notarial Council is of the opinion that the

said notary may not provide adequate traineeship

Provided further that the provisions of paragraph (d)

shall start to apply from the year two thousand and twenty-two

(2022) in so far as they relate to the attainment of the academic

degree mentioned in paragraph (c);"; and

(c) in paragraph (f) of sub-article (1) thereof, the words

"he has passed the qualifying examination held in terms of article

7." shall be substituted by the words "he has passed the

qualifying examination held in terms of article 7:" and

immediately thereafter there shall be added the following new

proviso

"Provided that no person shall be allowed to sit for the

qualifying examination more than three times.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 11 of the principal Act shall be amended as Amendment of

article 11 of the

follows

principal Act.

(a)

in sub-article (1) thereof for the word "is" there shall

be substituted the words "may not be";

(b) sub-article (2) thereof shall be substituted by the

following

"(2) The notary may not, however, refuse his

services in the case of a will and in the case of a sea

protest.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 14 of the principal Act shall be amended as Amendment of

article 14 of the

follows

principal Act.

(a)

sub-article (1) thereof shall be amended as follows

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

cease from exercising his functions" shall be deleted;

(ii) in paragraph (a) thereof the words "if he

accepts a government employment" shall be substituted by

the words "shall temporarily cease from exercising his

functions if he accepts a government employment, or is

employed with a commercial lending bank" and the words

"in the Government Property Division" shall be substituted

by the words "with the Lands Authority";

(iii) in paragraph (b) thereof the words "if he

absents himself from Malta for a continuous period of not

less than ten years;" shall be substituted by the words "if he

permanently loses his warrant due to absence from Malta

or failure to publish any deed for a period of seven years,

to be ascertained in the year of review of the year 2020 by

the appointed review officer who shall, upon request, be

given any relevant information by the notary himself or a

Notary to Government. The review officer shall report the

matter to the Court of Revision of Notarial Acts and the

Court shall, if satisfied as to the facts, decree the loss of the

said notary’s warrant, which decree shall be served on the

notary, if he is present in Malta, and the Attorney General

and the said decree shall also be published in the

Government Gazette:" and immediately after there shall be

added the following two provisos

"Provided that such notary shall be able to regain

his notarial warrant if he passes the qualifying

examination mentioned in article 8

Provided further that the provisions of paragraph

(b) shall not apply to a notary who is employed with a

commercial lending bank and the nature of his work is

directly related to the notarial profession.";

(iv) in paragraph (c) thereof the words "if he is

interdicted" shall be substituted by the words "permanently

loses his warrant as Notary if he is interdicted";

(v) in paragraph (d) thereof the words "if he

resigns his office in writing to the President of Malta" shall

be substituted by the words "permanently loses his warrant

as Notary, if he resigns his office and presents his

resignation in writing to the President of Malta provided

that the Notary may indicate that his resignation is

temporary, in which case the provisions of paragraph (b)

and article 2 will still apply";

(vi) in paragraph (e) thereof the words "if he is

removed from his office" shall be substituted by the words

"permanently loses his warrant as Notary if he is removed

from his office";

(vii) in paragraph (f) thereof the words "if he is

removed from his office" shall be substituted by the words

"permanently loses his warrant as Notary if he is removed

from his office";

(viii) in paragraph (g) thereof the words "if he is

incapacitated" shall be substituted by the words "shall

cease from exercising his functions if he is incapacitated";

(ix) immediately after paragraph (g) thereof there

shall be added the following new paragraph

"(h) cease from exercising his functions if he

assumes an appointment as a Government Minister

or Parliamentary Secretary, provided that in such

cases said cessation shall be deemed to be temporary

and in such cases the provisions of paragraph (b)

shall not apply, and the said Notary shall

immediately assume his warrant upon cessation of

his duties as Minister or Parliamentary Secretary,

upon a notice to this effect appearing in the

Gazette.";

(b) in sub-article (2) thereof the words "with the advice

of the Board referred to in article 7" shall be substituted by the

words "upon sitting for the qualifying examination referred to in

article 6(1)(f)";

(c)

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

Government Property Division" there shall be substituted by the

words "with the Lands Authority";

(d) in the Maltese text of sub-article (3) thereof for the

words "xi enti morali mwaqqaf b’liġi" there shall be substituted

the words "xi korp ġuridiku mwaqqaf b’liġi".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

In paragraph (a) of article 18 of the principal Act, for the Amendment of

words "in the Government Property Division" there shall be article

principal Act.

substituted the words "with the Lands Authority".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Immediately after sub-article (2) of article 20 of the

principal Act there shall be added the following provisos

"Provided that a Court may appoint a notary delegate for

the purposes of this article for any number of absences of the

said notary from Malta during his lifetime, or for one

continuous period of absence not exceeding seven (7) years

Provided further that the Chief Notary to Government or

the President of the Notarial Council may by application to the

Court, request the appointment of such notary delegate in the

circumstances mentioned in the immediately preceding proviso

or in the case of incapacity, inability or death of a notary.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 22 of the principal Act shall be amended as

follows

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

Government Property Division and one Notary Public with the

Housing Authority" there shall be substituted the words "with

the Lands Authority and one or more notaries with the Housing

Authority";

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

Government Property Division and the Notary Public with the

Housing Authority" there shall be substituted the words "with

the Lands Authority and the Notaries Public with the Housing

Authority";

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

Government Property Division and the Notary Public with the

Housing Authority" there shall be substituted the words "with

the Lands Authority and the Notaries Public with the Housing

Authority";

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

body established by law," there shall be substituted the words

"any corporate body established by law, or the Notarial

College,"; and

(e)

in sub-article (5) thereof for the words "in the

Government Property Division or a Notary Public with the

Housing Authority, the Prime Minister may delegate one of the

Notaries to Government, or appoint another notary, to discharge

the duties of the Notary Public in the Government Property

Division or of the Notary Public with the Housing Authority, as

the case may require" there shall be substituted the words "with

the Lands Authority or a Notary Public with the Housing

Authority, the Prime Minister may delegate one of the Notaries to

Government, or appoint another notary, to discharge the duties of

the Notary Public with the Lands Authority or of a Notary Public

with the Housing Authority, as the case may require".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 23 of the principal Act shall be amended as Amendment of

article 23 of the

follows

principal Act.

(a)

in sub-article (2) thereof the words "and the Notary

in the Government Property Division" shall be deleted;

(b) in sub-article (3) thereof the word "The" shall be

substituted by the word "A";

(c)

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

be added the following new sub-article

"(4) A Notary Public with the Lands Authority

shall receive from that Authority a fixed salary and shall

collect on behalf of that Authority the fees due in terms of

article 81.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

In article 24 of the principal Act for the words "in the Amendment of

Government Property Division" there shall be substituted the words article

principal Act.

"with the Lands Authority".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

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,

immediately after the words "place of residence" there shall be

added the words "(and if the full address is included in the deed

such address may also contain figures only)";

(b) in sub-paragraph (ii) of paragraph (c) thereof,

immediately after the words "where the place" there shall be

added the words "or date";

(c)

in paragraph (e) thereof, for the words "forming the

subject matter of the act." there shall be substituted the words

"forming the subject matter of the act:" and immediately

thereafter there shall be added the following new proviso

"Provided further that in any discrepancy between

words and figures, words shall prevail;";

(d) in sub-paragraph (ii) of paragraph (f) thereof, the

words "as well as a detailed plan of the property, together with

an official survey sheet showing the juxtaposition of the said

property in a manner as to establish its identity" shall be

substituted by the words "as well as a site plan of the property

showing the juxtaposition of the property";

(e)

in the proviso of sub-paragraph (ii) of paragraph (f)

thereof, the word "plan" shall be substituted by the words "site

plan"; and

(f)

in the proviso of paragraph (g) thereof, the words "it

shall be lawful for the notary to" shall be substituted by the

words "the notary shall".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 44 of the principal Act shall be renumbered as

article 44(1) and immediately thereafter there shall be added the

following new sub-articles

"(2) Any act having a defect of formality contemplated

in paragraphs (a), (b), (c), (d), (f), (g), (j) and sub-paragraph (ii)

of paragraph (k) of article 28, may be corrected by the Notary

by means of a numbered mark as established in article 30, in the

presence of his revision officer, and the said correction shall

also be counter initialled on the margins of the act by the

revision officer such as to make it clear that the said correction

was made after the act was signed by the parties and such

corrections shall be referred to hereafter as "post-deed

corrections". Any such post deed correction may also be

inserted under the signature of the notary in the act

Provided that any post-deed correction done as

contemplated in this article 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) Where any post-deed correction is done in terms of

this article, the revision officer shall make a declaration on the

last page of the volume as follows "I, (insert name of revision

officer) have authorised the post-deed corrections in this

volume", and shall sign the said declaration thereof.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 52 of the principal Act shall be amended as

follows

(a)

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

assignment" there shall be substituted the words "any hypothec,

assignment";

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

assignment" there shall be substituted the words "a hypothec,

assignment".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 84C of the principal Act shall be amended as Amendment of

article 84C of

the principal

Act.

(a)

immediately after paragraph (d) of sub-article (7)

thereof, there shall be added the following new paragraph

"(e) Where a notary is deemed to have been

engaged to examine title by the transferee or has been

engaged to examine title by any person, the said Notary

may not, without the prior consent of the transferee or

person who engaged him, be questioned on any matter in

reference to the said examination of title, or on a property

title report, or on any communication related thereto, nor

may the notary be constrained to produce any document

which is not available publicly, or to disclose in any

manner a matter or information which may have come to

the knowledge of the notary in professional confidence or

in his professional capacity.";

(b) sub-article (8) thereof shall be substituted by the

following sub-article

"(8) (a) Where a notary receives instructions in

terms of sub-article (4) or where he is bound to examine

title in terms of this article, he shall inform the transferee

in any manner, including through verbal communication,

of those facts and findings resulting from the searches and

those reservations which he is specifically required to

mention in terms of the regulations made under this article.

(b) Unless the transferee has already made a

declaration in terms of the first proviso to sub-article (5)

exempting the notary from examining the title, or where

the notary records in the act in terms of the second proviso

thereto that he is exempt from examining title, or the

notary records in the act in terms of the third proviso

thereto that he is authorized to refuse to examine title, the

notary shall be deemed to have been instructed by the

transferee to examine title.";

(c)

in sub-article (9) thereof, for the words "he issues

the report" there shall be substituted "agreed upon in the

contract of engagement or if no such date was agreed upon from

the date of the contract of engagement or in default from the

date of the deed"; and

(d) in paragraph (g) of sub-article (12) for the words

"the contents of the report and related matters" there shall be

substituted the words "the facts and findings resulting from the

examination of title and the reservations which the notary is

required to mention to a transferee".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 85 of the principal Act shall be renumbered as

article 85(1) and immediately after sub-article (1) as renumbered

there shall be added the following new sub-article

"(2) By virtue of its constitution under this Act and

without the need of any registration or any other formality, the

Notarial College shall be a body corporate having distinct legal

personality which has a patrimony of assets and liabilities

separate and distinct from that of any other person and the legal

powers to achieve its purpose through the administration of its

own governing body. The Notarial College, represented by its

President may on its behalf be capable of entering into

contracts, of acquiring, holding and disposing of any kind of

property for the purposes of its objects, of suing and being sued,

and of doing all such things and entering into all such

transactions as are incidental or conducive to the exercise or

performance of its objects under this Act

Provided that any contract to which the Notarial

College is a party shall be published by the Chief Notary to

Government.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 93A of the principal Act shall be amended as

follows

(a) for the words "three euro (€3)" there shall be

substituted the words "five euro (€5)" and for the words "basis

year 2011" there shall be substituted the words "basis year

2010"; and

(b) for the words "in terms of regulations made under

this Act." there shall be substituted the words "in terms of

regulations made under this Act:" and immediately thereafter

there shall be added the following new proviso

"Provided that the said fee of five euro (€5) shall be

due on deeds published after the 1 st January 2019.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 94A of the principal Act shall be amended as Amendment of

article 94A of

the principal

Act.

(a)

in paragraph (c) of sub-article (7) thereof, the words

"and the Council’s annual fees" shall be deleted;

(b)

sub-article (9) thereof shall be amended as follows

(i) for the words "three euro (€3)" there shall be

substituted the words "five euro (€5)" and for the words

"basis year 2011" there shall be substituted the words

"basis year 2010"; and

(ii) for the words "in terms of regulations made

by the Minister after consulting the Council." there shall be

substituted the words "in terms of regulations made by the

Minister after consulting the Council:" and immediately

thereafter there shall be added the following new proviso

"Provided that the said fee of five euro (€5) shall

be due on deeds published after the 1 st January 2019.";

(c)

in paragraph (a) of sub-article (10) thereof, the

words "and reference" shall be deleted and for the words

"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." there shall be substituted the

following

"Provided that the presentation of acts published by

notaries referred to in article 22 shall be made at the

Archives; however, the review of these acts, and other acts

which may be deposited at the Archives but which would

not have been reviewed, may take place at the places

established in sub-article (10)(c)(v). In such cases the

Archivist shall draw up a written statement in two copies

to be retained as to one each by the Archivist and the

Review Officer, which shall be signed by both the

Archivist and the Review Officer containing a statement

of

(i) the number of volumes presented by the

Archivist to the Review Officer; and

(ii)

the number of acts in each volume.";

(d) in sub-article (13) thereof, immediately after the

words "Chief Notary" there shall be added the words "or the

Review Officer appointed by the Notarial Council";

(e)

in sub-article (14) thereof, immediately after the

words "Chief Notary" there shall be added the words "or the

Review Officer";

(f)

in sub-article (15) thereof, for the words "three euro

(€3)" there shall be substituted the words "five euro (€5)" and

for the words "basis year 2011" there shall be substituted the

words "basis year 2010" and immediately after the words

"Notary to Government" there shall be added the words "or

Review Officer";

(g) in sub-article (16) thereof, immediately after the

words "Chief Notary" there shall be added the words "or

Review Officer appointed by the Notarial Council";

(h) in sub-article (17) thereof, immediately after the

words "Chief Notary to Government" there shall be added the

words "or Review Officer appointed by the Notarial Council".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 94B of the principal Act shall be amended as

follows

(a) in paragraph (a) of sub-article (1) thereof, for the

words "review the wills." there shall be substituted the words

"review the wills:" and immediately thereafter there shall be

added the following new proviso

"Provided that the Notarial Council may elect an

Official Reviewer to review the wills in accordance with

an agreement between the Chief Notary and the Notarial

Council.";

(b) in sub-article (4) thereof, for the words "to reply."

there shall be substituted the words "to reply:" and immediately

thereafter there shall be added the following new proviso

"Provided that when a report is filed by the Official

Reviewer or the Chief Notary, which appears to the Court

to not be in breach of any laws, the Court shall, by means

of a decree duly served on the notary and the Attorney

General, confirm that report."; and

(c) immediately after sub-article (10) thereof, there

shall be added the following new sub-article

"(11) (a) For all intents and purposes of the law, the

decisions as well as the judicial acts and written pleadings

of the Court of Revision shall be scanned by the Registrar

of the Civil Courts and Tribunals, and sent by electronic

mail from the Registrar of the Civil Courts and Tribunals

to the notary and the Attorney General, and this shall

constitute valid service of such decisions, judicial acts and

written pleadings of the Court of Revision.

(b) The notary and the Attorney General who

receive a scanned copy in accordance with paragraph

(a) of this sub-article shall, within seven days from

receipt of such electronic mail, confirm receipt by

means of electronic mail to the Registrar of the Civil

Courts and Tribunals of the acts mentioned in

paragraph (a) of this sub-article

Provided that if the Registrar does not

receive such confirmation from the notary

and/or the Attorney General, the Registrar

shall proceed with service of the acts in

accordance with the provisions of article 187

of the Code of Organisation and Civil

Procedure.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Immediately after article 94B of the principal Act there Addition of new

article 94C to

shall be added the following new article

the principal

Act.

94C. (1)

For the purposes of this article,

unless the context otherwise requires, the following

definitions shall apply

"acts" means all original inter vivos acts, except

those acts published in terms of Part IIIA of the Act,

published up to and including 31st December 2011

which by 31st December 2012 were either not

deposited at the Archives or although deposited therein

have not been reviewed at any time in terms of law;

"Chief Notary" has the same meaning assigned to

it in article 94A;

"notaries" means all notaries appointed according

to the Act and shall include all notary keepers and any

other person having custody of any notarial act for any

reason;

"period of presentation" shall mean the month

established in sub-article (3) in the year as established

in sub-article (4)(a);

"review" has the meaning assigned to it in article

94B;

"review officers" has the same meaning assigned

to it in article 94A;

"wills" means original wills; and includes the

original acts of delivery of secret wills published up to

31st December 2011, which by 31st December 2012

were either not deposited at the Archives or although

deposited therein were not reviewed in terms of law at

any time.

(2) (a)

Every Notary shall in pursuance to

this Act submit, in the period of presentation, all acts

held by him for review, in accordance with the terms

established in this article to the Notarial Council and

for this purpose the provisions of article 94A(2), (3),

(4), (5), (6), (7)(a), (7)(b), (7)(d), (8), (11), (17),

(18)(a)(i) and (ii) and the provisos thereof, (b)(i), (c),

(d), (e), (19), (20), (21) and (22) shall apply.

(b) Notaries shall also present the copy of the

notes of enrolment given to the notary by the Director

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

(c) The coming into force of this article shall be

deemed for all purposes of law to be sufficient notice to

the notaries to whom this article applies of their

obligation to present on the dates and in the places

mentioned therein the acts, wills, relative indexes, and

all other documents as required by this article and the

Act.

(3) The Notarial Council shall for the purpose

of sub-article (2) cause to be published in the Gazette, a

notice containing the names of Review Officers

assigned to review the acts and of the notaries who are

assigned to the said review officers to have their acts

reviewed by them as well as the place and month where

such acts are to be presented during the period of

presentation.

(4) (a)

Notaries shall present to the Review

Officers by the dates mentioned hereunder all acts in

their possession

(i)

published on or after the 1st January

2010 and up to the 31st December 2011, by not

later than the 1st October 2019;

(ii) published on or after the 1st January

2008 and up to the 31st December 2009, by not

later than the 1st October 2020;

(iii) published on or after the 1st January

2006 and up to the 31st December 2007, by not

later than the 1st October 2021;

(iv) published on or after the 1st January

2004 and up to the 31st December 2005, by not

later than the 1st October 2022;

(v) published on or after the 1st January

2002 and up to the 31st December 2003, by not

later than the 1st October 2023;

(vi) published on any date up to and

including the year 2001, by not later than the 1st

October 2024.

(b) The Notarial Council may, if circumstances

so warrant at its discretion at any time, postpone by

means of a notice to be published in the Gazette, by a

calendar year, the schedule of presentation established

in sub-article (4)(a) or other schedules published by the

Notarial Council in terms of this article.

(5) Notaries shall be obliged to present to the

Chief Notary or the Review Officer appointed by the

Notarial Council by not later than the 1st October 2019

all wills in their possession published on any date up to

and including the year 2011.

(6) (a)

During the period of presentation

every notary shall present to a Review Officer on dates

and in places mentioned in the notice referred to in sub-

article (3), in volumes bound as required by the Act, all

the acts as determined in sub-article (4), including their

respective indexes. They shall also present the notes of

enrolment, or a copy thereof, given to the notary by the

Director of Public Registry in terms of articles 50(6)

and 52(3).

(b) The Notarial Council shall ensure that the

presentation of acts be conducted in a transparent and

orderly manner.

(c) For the purposes of sub-article (2) and in

addition to the notice mentioned in sub-article (3), the

Notarial Council may cause to be published at any time

in the Gazette a notice containing the following

(i)

the names and surnames of all notaries

who were known to have practised their

profession prior to 2012, during the years which

would be the subject of the review;

(ii) the name of the Review Officer

assigned to each notary;

(iii) a schedule indicating the month and

place of presentation of the acts, including their

indexes to the respective Review Officer for his

review;

(iv) the publication of the notice

mentioned in sub-paragraphs (i), (ii) and (iii) shall

be deemed for all purposes of law to be sufficient

notice to the notaries mentioned therein to present

on the dates and in the places mentioned in the

notice the acts and wills and their indexes, and all

other documents as required by this article;

(v) the Notarial Council shall cause to be

published in the Gazette any amendment it may

deem opportune to any notice made in the

Gazette, in terms of this article, but such

amendment shall not be effective with regard to a

Review Officer, notary or notary keeper referred

to therein unless at least one month elapses from

the date when the said notice appears in the

Gazette.

(7) (a)

It shall be the duty of the Chief

Notary to ensure that all wills published during the

years which are subject of review, are presented to him

in the Archives during the period of presentation so that

he may review them, 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.

(b) For the purposes of this article, all notaries

shall present to the Chief Notary in bound volumes as

required by this Act the wills which they published

during the years which would be the subject of the

review, 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.

(c) The presentation of wills shall be made to

the Chief Notary in terms of the notice referred to in

this article and all the provisions of sub-article (6)(a)

and sub-article (11) of article 94A 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.

(8) All acts which are subject to the review as

established in this article shall be reviewed within one

year from the date of their presentation by a Notary,

which time frame may be reasonably extended by the

Court on a request by a Review Officer, whilst the time

frame for the revision of wills shall not exceed ten

years from the date of the coming into force of this

article which time may be reasonably extended by the

Court on the request of the Chief Notary.

(9) No fees shall be due by notaries for the

presentation of the acts and wills mentioned in this

article.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

In article 105 of the principal Act immediately after the Amendment of

words "the Notarial Acts (Temporary Provisions) Act" there shall be article

the principal

added the words "and the proviso of article 94A(10)(a)".

Act.

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

Article 131 of the principal Act shall be amended as Amendment of

article 131 of

the principal

Act.

(a) sub-articles (3) and (4) thereof shall be renumbered as

sub-articles (5) and (6); and

(b)

immediately after sub-article (3) thereof, there shall be

added the following new sub-article:-

"(4) A notary who contravenes the provisions of article

50 shall incur a fine (ammenda) of ten euro (€10) if the said

deed is not registered within one month, a fine of twenty-five

euro (€25) if the said deed is not registered within two months,

and a fine of fifty euro (€50) if the said deed is not registered

within three months and an additional fine of ten euro (€10)

over and above the said fifty euro (€50) for every week or part

thereof until the said deed is registered. This article shall come

into force for all acts published on or after the year 2018

Provided that a notary who fails to insert any

declaration required by any law shall incur a fine (ammenda) of

ten euro (€10). This article shall come into force for all acts

published on or after the year 2018.".

Malta Government Gazette — Act 2018 34 · Gazzetta tal-Gvern ta’ Malta Nru. 20,032 – 31.07.2018 — ACT No. XXXIV of 2018 AN ACT to amend the Notarial Profession and Notarial Archives, Cap. 55.

In item 7 of Part 1 of the Schedule to the principal Act the

words "Act of Personal Separation" shall be substituted by the words

"Act of Personal Separation, Act of Cohabitation and Act of Civil

Union".

Passed by the House of Representatives at Sitting No. 137 of the 4th

July, 2018.

ANĠLU FARRUGIA

Speaker

JOSANNE PARIS

Acting Clerk of the House of

Representatives

€1.62

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