MT
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT (notarialcouncil)
Table of Provisions (172)
Statutory Text (172 Articles)
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
CHAPTER 55
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT
To repeal and re-enact with amendments the law relating to Notaries and Notarial
Archives.
12th May, 1927
ACT XI of 1927, as amended by Government Notices: No. 204 of 1927 and No. 90 of 1928;
Acts: XVII of 1929, XIII and XXXVII of 1933; Ordinances: XXIV of 1935 and XXIV of 1936;
Government Notice No.352 of 1936; Ordinances: XI of 1937, XXVIII of 1938 and V of 1939;
Government Notices: Nos. 140 and 434 of 1940; Ordinances: XI of 1940, X of 1941 and XXXI
of 1946; Government Notice No. 313 of 1949; Act XXVI of 1949; Government Notice No. 205
of 1954; Act XII of 1955; Emergency Ordinance VIII of 1958; Ordinances: XVII of 1960, XII
and XXV of 1962; Legal Notice 4 of 1963; Act XXIX of 1963; Legal Notice 46 of 1965; Acts
XL of 1965 and XXXI of 1966; Legal Notice 56 of 1970; Acts: XXX and XLVI of 1973, and
LVIII of 1974; Legal Notice 148 of 1975; Acts: XI of 1977, II of 1978 and XXXIV of 1979;
Legal Notice 77 of 1980; Acts: II and XIII of 1983 and XIV of 1985; Legal Notice 70 of 1987;
Act XIX of 1988; Legal Notice 74 of 1988; Act VIII of 1990; Legal Notice 227 of 1997; Act IX
of 2000; Legal Notice 186 of 2000; Act VI of 2001; Legal Notices 173 of 2001 and 429 of
2003; Acts IX, XIII and XVIII of 2004, and V and XIII of 2005; Legal Notices 181, 186 of 2006
and 408 of 2007; Acts XIII of 2007, III of 2008, XXIV of 2011 * , and XV and XIX of 2012 † ;
Legal Notices 356 and 426 of 2012, 83 of 2014 and Acts XXIV and XXXIII of 2014, XVI of
2015, XV of 2017, XXXIV of 2018, XXXVI of 2018, XXVII, LXI of 2020, LI of 2021 and LXIII
of 2021, and Legal Notice 121 of 2023; Incorporating also Ordinance VIII of 1859.
*but see Legal Notices 498 of 2011, 361 and 433 of 2012, and 17 and 18 of 2013.
†see Legal Notice 18 of 2013.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
The short title of this Act is Notarial Profession and
Notarial Archives Act.
PART I
G ENERAL P ROVISIONS
Amended by
G.N. 204 of 1927;
(Articles 81(3), 101(1), 104(1) and 146(1))
G.N. 90 of 1928;
G.N. 352 of 1936;
TARIFF RELATING TO THE NOTARIAL
G.N. 140 of 1940;
PROFESSION AND NOTARIAL ARCHIVES
G.N. 434 of 1940;
XXXI. 1946.13;
PART I
G.N. 313 of 1949;
G.N. 205 of 1954;
Fees and accessory charges payable to Notaries
L.N. 46 of 1965;
L.N. 56 of 1970;
XXX. 1973.11;
L.N. 77 of 1980;
XIII. 1983.4;
L.N. 70 of 1987;
L.N. 74 of 1988;
L.N. 227 of 1997;
L.N. 186 of 2000;
L.N. 173 of 2001;
L.N. 429 of 2003;
L.N. 408 of 2007.
L.N. 356 of 2012.
Amended by
L.N. 83 of 2014;
XXXIV.2018.22.
Substituted by
L.N. 121 of 2023.
1. The notary shall, for acts received or authenticated by him, and of
other professional services, be entitled to the following fees and accessory
charges and the reimbursements of the following expenses
(a)
a fixed fee for acts of indeterminable value;
(b)
a fee proportionate to the value of the act;
(c)
a fee for acts prepared at the request of the parties and
which are not published;
(d)
a fee for copies, extracts, declarations, searches,
translations, inspections, reading and collation of acts;
(e)
a fee for other services rendered by the notary at the
request of the parties or in pursuance of an order of any judicial
authority;
(f)
a fee for the examination of the title conducted by the
notary at the request of any person, or where so required by law;
(g)
accessory charges and reimbursement of expenses.
Fixed Fees
€
2. Public Wills
For provisions containing the institution of an heir and
customary provisions, at the discretion of the notary having
regard to the circumstances of the testator and the complexity
of the testamentary dispositions,
………………………………………….....………from
58.47
………………......………………………………….. to
in addition to the following fees charged on the basis of
their value
For every legacy; or for every property placed in a
testamentary trust –
up till €1000,
……………………………....…………………… from
…………………….....………………………………to
For every €1000 or part thereof, in excess of the first
€1000,
…………………….........................................….. from
………………………………………..………………to
For the appointment of a tutor, curator, or executor,
………………………………......................……. from
…………………………………………………….....to
Testamentary trust where the value is either nominal or
indeterminable having taken into consideration the
circumstances of the testator and the complexity of the
provisions
….......................................................................... from
…………………....…………………………………. to
3. Secret Wills
For the drawing up of a secret will by the notary, the
fees shall be the same as those specified in item 2 relating to
Public Wills.
For the act of delivery of a secret will,
…………………………………………………….from
…………………………........……………………… to
For the publication of a secret will,
…………………………………………………….from
………………………………….....………………....to
4. Notarial trust deed or a deed of foundation, where the
value is either nominal or indeterminable, depending on the
deed’s complexity, the time for preparing it and other
circumstances,
………………………………………………….…from
……………………….....…………………………… to
5. Act of emancipation or acknowledgment of a child.
For each person emancipated or acknowledged,
……………………………...........………………..from
………………………………………………………. to
6. Marriage contract, variation or counter-declaration in
connection with marriage contract, or cessation of the
community of acquests,
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
…………………………………………………….from
87.70
………………………………………………………. to
(1) Notaries are public officers. They are charged to
receive acts inter vivos and wills, and to attribute public faith
thereto; they shall be responsible for their custody and shall give
out copies and extracts of or from such acts or wills.
(2)
Notaries shall also have power -
(a) to sign applications or other acts relating to matters
cognizable by a court of voluntary jurisdiction;
(b) to receive on oath "acts of notoriety" in civil and
commercial matters, and dying declarations;
(c) to administer oaths to experts or referees or translators
or other persons in connection with any extra-judicial
report or reference or translation of any act or
document or with any declaration relating to capitals,
stocks and shares and relative coupons, when the
parties desire to have such report, reference,
translation or declaration verified on oath;
(d) to authenticate signatures in private writings, or the
mark of any person who is unable or does not know
how to sign, affixed to any such writing by way of
approval of the contents thereof in the presence of two
qualified witnesses, after such contents have been
explained to the parties by the notary;
(e) to give out on the demand of any person certificates in
proof of the life or existence of such person;
(f)
to draw up protests for non-acceptance or non-
payment of bills of exchange or promissory notes, for
money or goods;
(g) to give out certificates attesting the accuracy of copies
of or extracts from books or documents produced by
the parties, as compared with the originals of such
books or documents;
(h) to give out certificates attesting the faithful translation
of acts or documents from one language into another
provided both languages are known by the notary;
(i)
to act as mediators;
(j)
ex officio to act as Commissioners for Oaths for the
purposes of the Commissioners for Oaths Ordinance;
(k) to issue a European Certificate of Succession in terms
of Regulation (EU) No. 650/2012 of the European
Parliament and of the Council of 4 July 2012 in
accordance with the provisions of Sub-title IV of Title
III of Part II of Book Second of the Civil Code;
(l)
generally, to exercise such other powers as are
assigned to them by law.
(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.
(5) Notaries are empowered to give advice on any of the functions
and powers vested in them in terms of the provision of this article, and
on any matter or competence attributed to them, whether exclusively
or otherwise, under any law or regulation, and in general, on anything
relating to the proper discharge of their obligations or engagement, and
this notwithstanding anything that may be stipulated under any other
law.
(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.
(2) Saving the provisions of articles 14 and 22 in so far as they
relate to the offices of the Chief Notary to Government, Notary to
Government, Notary Public with the Lands Authority or Notary
Public with the Housing Authority, under the provisions of article
22(5), or Notary Public with any other Government Authority or
Agency, no person holding an office of profit with the Government,
except the Office of Director or Assistant Director of the Public
Registry or the Land Registrar or Assistant Land Registrar, may
practice as a notary
Provided that the Director or the Assistant Director of Public
Registry and the Land Registrar or Assistant Land Registrar may not
exercise the notarial profession except in the capacity of Chief Notary to
Government or Notary to Government.
(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.
PART II
O F N OTARIES
TITLE I
O F THE A PPOINTMENT OF N OTARIES
(1) Notaries are appointed for life by the President of
Malta by a notice published in the Gazette, and may exercise their
functions in any part of Malta.
(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.
(3) The Minister responsible for notarial affairs may, from time
to time, by a notice in the Gazette, regulate the number of notaries.
Such notice shall not be published unless it has been approved by
resolution of the House of Representatives, and it shall not affect
such persons as at the time of such notice shall have already
commenced in the University of Malta the course of studies
prescribed for the notarial profession.
(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).
* (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 academic degree of Doctor of Law
(LL.D.) in accordance with the provisions of the
Statute, Regulations and Bye-Laws of the University
of Malta, or such other qualification at masters level as
the Minister, after consultation with the Senate of the
University of Malta, may from time to time prescribe,
or a comparable degree from such other competent
authority in accordance with the principles of mutual
recognition of qualifications, after having read law in
Malta or in a Member State;
(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 and provided that the start of such
traineeship shall commence after the attainment of the
academic degree mentioned in paragraph (c), 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 and the start
of such traineeship shall be communicated to and logged
by the Notarial Council, which shall also have the faculty
*paragraph (a) of the substitution made by Act XXIV. 2011.6. came into force on 1st
January, 2012. Paragraphs (b) to (e) and sub-article (2) came into force on 1st January,
2012 - subject, with regard to the applicability of sub-article (1)(c) and (d), to the
provisions of article 103(4)(a) of Act XXIV of 2011, as amended by article 17(a) of
Act XIX of 2012.
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);
(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
Provided that no person shall be allowed to sit for the
qualifying examination more than three times.
(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.
* (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
*for the applicability of article 6(1)(c) and (d), referred to in this article, see article
103(4)(b) and (c) of Act XXIV of 2011, as amended by article 17(a) of Act XIX of
2012. 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
d i s qu a li f ie d t o c on t in u e sit t i ng on th e B oa rd , th e M in i s t e r
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.
* (1) The qualifying examination shall be held in March of
each year or at such other date during that year as the Board referred
to in article 7 may, after due deliberation, deem necessary to establish.
(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).
*for the applicability of article 6(1)(c) and (d), referred to in this article, see article
103(4)(b) and (c) of Act XXIV of 2011, as amended by article 17(a) of Act XIX of
2012; and for the applicability of sub-article (7) of this article, see article 103(6) of
Act XXIV of 2011, as amended by article 17(b) of Act XIX of 2012.
(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.
(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.
TITLE II
O F THE E XERCISE OF N OTARIAL F UNCTIONS
* (1) The notary, before entering upon the exercise of his
functions, shall -
(a) take before the Court of Appeal the oath of allegiance
in terms of article 10 of the Code of Organization and
Civil Procedure and the oath of office in the terms
following
"I,.............., promise and swear that I will faithfully
and with all honesty and exactness exercise the office
of notary according to the best of my skill and ability.
So help me God."
(b) write in a book kept for the purpose in the office of the
Attorney General his specimen signature as he is
thereafter to use it in signing deeds;
(c) cause to be registered in the office of the Attorney
General the act of his appointment, as well as the date
on which he took the oaths referred to in paragraph
(a);
(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.
(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).
*the amendments made by article 11 of Act XXIV of 2011 are subject to the
provisions of article 103(7) of the same Act.
(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).
(1) A notary whose name/surname has changed either by
court order, 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.
(1) The notary may refuse his services or terminate any
engagement for his services at his discretion without justification, and
will not be required to consider the effect or consequence of such
refusal.
(2) Without prejudice to the generality of the foregoing sub-
article, the notary shall not be bound to give his services or to
finalise any engagement, if subsequent to the acceptance of the
engagement
(a) the parties fail to deposit with him the amount of
duties, taxes, fees and expenses in respect of any
service or deed, either at the moment of publication of
the deed or on the execution of the service requested;
or
(b) his services are required on a public holiday or
between 9.00 p.m. of one day and 8.00 a.m. of the
following day.
(3) The provisions of sub-article (1) and (2), shall not apply in the
case of a will and the provision of paragraph (b) of sub-article (2) shall
not apply in the case of a sea protest.
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
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
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 Trusts 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;
(k) which, being a contract of purchase or sale of
immovable property, is paid in cash in whole or in part
by or on behalf of the parties to the contract, where the
sum of such payment amounts to ten thousand euro
(€10,000) or more, or its equivalent in any other
currency
Provided that, for the purposes of paragraph (k), the
terms "cash" and "immovable property" mean the same
as the meaning assigned to them in the Use of Cash
(Restriction) Regulations.
(1) Any notary who in the exercise of his functions is
insulted or obstructed, shall draw up a procès-verbal of the
occurrence calling on at least two of the persons present to sign it,
and shall transmit the same without delay to the Attorney General
Provided that in urgent cases the notary may apply directly
and on his own responsibility for Police protection.
(2) The notary may likewise request the assistance of the Police
whenever he is called upon to give his services at night time or
whenever, having regard to the places in which or the persons to
whom he is required to give his services, he deems it prudent to
have such assistance.
TITLE III
O F THE C ESSATION, I NCAPACITATION AND S USPENSION FROM
THE E XERCISE OF N OTARIAL F UNCTIONS
(1) A notary shall cease from exercising his functions
(a) if he accepts a government employment, or is in full-
time employment, or else if he exercises a profession
or assumes any office incompatible with the office of
notary
Provided that a notary who accepts an appointment to
act as Chief Notary to Government or Notary to
Government or Notary employed with any Government
Ministry or Department or Notary Public with the Lands
Authority or Notary Public with the Housing Authority,
under the provisions of article 22(5), or Notary Public
with any other Government Authority or Agency, for a
continuous period not exceeding three months, may
continue to exercise his functions as a Notary Public
Provided also that a notary who is in full-time
employment before the 27th July, 2021 shall have until 1st
June, 2024 in order to regularise his position in accordance
with this sub-article. Notarial acts received and drawn up
by a notary who is in full-time employment before 1st
June, 2024 shall be considered valid;
(b) if he is permanently absent from Malta for a continuous
period exceeding five years or fails to publish any act for
a period of seven consecutive years preceding the current
basis year of review, to be ascertained annually, from the
basis year of review 2021. The assigned Review Officer
shall ascertain this fact during the period of review, and
shall upon request, be given any relevant information by
the notary himself or the Office of the Notary to
Government or the Notarial Council. The review officer,
shall, by application, report the matter to the Court of
Revision of Notarial Acts and the Court shall, if satisfied
that the facts subsist, decree that the said notary has
ceased to exercise his functions and shall order the notary
to bind and consign any original acts still in his
possession to the Review Officer within a time so
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
established in its decree, failing which the penalties
under article 94A(18)(a) shall apply mutatis mutandis,
and the said Court shall appoint a Notary Keeper, where
it deems expedient to do so. The Court shall cause the
said decree to be served on the notary, at the address
registered with the Notarial Council, or if residing
abroad, by electronic mail to the last electronic address
registered with the Notarial Council, on the Attorney
General, the Chief Notary to Government and the
President of the Notarial Council, and the mentioned
decree shall be published in the Gazette. Subsequent to
this publication, the Chief Notary to Government shall
cause the name of the said notary to be listed with the
names of notaries not exercising their functions, which
list shall be kept by the Chief Notary to Government and
published in the same manner as the list under article 4.
(c) if he is interdicted under the provisions of the Criminal
Code;
(d) 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;
(e) if he is removed from his office in terms of articles 138
and 139;
(f)
if he is removed from his office by the President of
Malta following a sentence by any competent tribunal
for theft, fraud or any crime against public faith;
(g) shall if he is incapacitated by the President of Malta
with the advice of the Board appointed as provided in
article 7, on account of illness, blindness, deafness or
other cause which renders the notary unfit for the
performance of his duties
Provided that where the cause is not such as to render
the notary also incapable of keeping acts or of giving
out copies thereof, it shall be lawful to restrain the
notary only for receiving acts;
(h) 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 be rehabilitated
upon cessation of his duties as Minister or Parliamentary
Secretary, upon a notice to this effect appearing in the
Gazette.
(2) Where the cause for which any notary has ceased from the
exercise of his functions is merely temporary, such notary may, on
the cessation of such cause, be rehabilitated by the President of
Malta upon the advice of the Board referred to in article 7 which shall
ascertain that the notary is adequately proficient, up-to-date and
qualified to resume the exercise of all the powers and functions of a
Notary Public.
(3) The notary who accepts the office of Chief Notary to
Government, Notary to Government, Notary in full-time
employment with a Government Ministry or Department or
Authority, Notary Public with the Lands Authority, Notary Public
with the Housing Authority, the office of Director or Assistant
Director of the Public Registry or Land Registrar or Assistant Land
Registrar, or a notary who is in full-time employment with a
commercial lending bank or similar financial institution or entity,
or with any Government agency or limited liability company or any
other entity, where the Government of Malta is either the beneficial
owner or has a controlling interest therein, or in any other case
where any notary continues to carry out, in the regular exercise of
his office or employment, any one of the powers and functions
listed in article 2, shall not during the tenure of such office or
employment, cease from the exercise of the functions of notary
Provided that, any notary falling within the scope of this sub-
article may not practise as a notary except in the capacity as stated in
this sub-article, and shall not therefore, during the tenure of such
office, cease from the exercise of the functions of notary, but only in so
far as such functions relate to the execution and custody of deeds to
which the Government or any corporate body established by law is a
party, and the issue of copies or extracts from such deeds.
(4) In any case where a notary ceases to exercise his functions in
terms of this sub-article, the Court shall decree that the said notary has
ceased to exercise his functions and shall order the notary to bind and
consign any original acts still in his possession to the Review Officer
assigned to him for the current year of review, within a time so
established in its decree, failing which, the penalties under article
94A(18)(a) shall apply mutatis mutandis. The Court shall also appoint
a Notary Keeper. The Court shall cause the said decree to be served on
the notary, on the Attorney General, the Chief Notary to Government
and the President of the Notarial Council and the said decree shall be
published in the Government Gazette in the manner established in
paragraph (b).
(5) Subsequently to this publication, the Chief Notary to
Government shall cause the name of the said notary to be listed with
the names of notaries not exercising their function, which list shall be
kept by the Chief Notary to Government and published in the same
manner as the list under article 4.
(1) Any notary may be temporarily suspended or
incapacitated from the exercise of his functions, in any of the cases
mentioned in articles 132, 133 and 135.
(2) He may be partially incapacitated from doing so in any of
the cases mentioned in articles 94A and 94B.
The cessation, incapacitation or suspension from the
exercise of notarial duties in any of the cases prescribed by law,
and the rehabilitation for the exercise of such duties shall be
published without delay in the Gazette by means of a notice to that
effect.
TITLE IV
O F K EEPERS OF N OTARIAL A CTS, N OTARIES D ELEGATE AND
N OTARIES TO G OVERNMENT
(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-articles (2) and
(3), and for such matters as are authorised by this article to be
prescribed.
The keeper of the Malta Archives and the keeper of the
Gozo Archives are respectively ex officio the keepers of the deeds
of former notaries to Government in Malta and Gozo and of the
notarial acts belonging to the Government under any title whatsoever,
as well as of all other acts in respect of which there is no keeper
and which are deposited in the said Archives of Malta and Gozo
Provided that -
(a) the National Archivist appointed in accordance with
the National Archives Act shall be the ex officio
curator of the notarial registers of those notaries who
were Government notaries in Malta and Gozo, and of
the notarial registers belonging to the Government, or
which are privately owned but, for one reason or
another, do not have a conservator or delegated notary
or when such registers are seized for a good reason
contemplated in this Act;
(b) the ex officio keeper of the deeds and registers of
former notaries in the Land Department or notaries
with the Lands Authority, shall be the Notary with the
Lands Authority designated by the Minister responsible
for notarial affairs, and where the office of Notary with
the Lands Authority is vacant, the keeper of the Malta
Archives shall ex officio be the keeper of the deeds and
registers of former notaries in the Land Department or
notaries with the Lands Authority; and
(c) the ex officio keeper of the deeds and registers of
former notaries with the Housing Authority shall be
the Notary Public with the Housing Authority, and
where the office of Notary Public with the Housing
Authority is vacant, the keeper of the Malta Archives
shall ex officio be the keeper of the deeds and registers
of former notaries with the Housing Authority; and
(d) the ex officio keeper of the deeds and registers of
former Notaries with the Joint Office shall be the
Notary in the Government Property Division or one of
the Notaries Public in the Government Property
Division designated by the Minister responsible for
notarial affairs and where the office of Notary in the
Government Property Division is vacant, the Keeper of
the Malta Archives shall ex officio be the keeper of the
deeds and registers of former Notaries with the Joint
Office.
As regards all other notarial acts and registers which are
owned by private parties, the Court of Revision shall on the
application of lawful owners or of the Attorney General ex officio
appoint as keepers thereof such notary as is named by such owners
or by the Attorney General and who has declared his willingness to
accept such appointment.
(1) Notaries delegate are those whom the said court
appoints for the temporary custody of the deeds and registers of a
notary during his absence from Malta, or of a notary who is unable
to exercise his functions on account of illness, temporary
suspension, incapacitation or interdiction or of any other temporary
impediment, and for giving out copies and extracts of or from such
deeds, or issue the declaration in terms of the proviso to article 68(2),
or merely for giving out copies or extracts of or from the deeds and
registers or issue the said declaration in cases where the notary has,
without just cause, refused to give out such copies or extracts or
issue such declarations.
(2) The court may, if it deems it expedient in case of
suspension, incapacitation or temporary interdiction of a notary,
leave to him the custody of the deeds and registers, and appoint a
delegate for giving out copies thereof or extracts therefrom
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.
Any keeper of notarial acts or notary delegate shall, on
giving out any copy or extract or issuing a declaration in terms of the
proviso to article 68(2), state his capacity as such by adding to his
signature the qualification of keeper or delegate, as the case may
be.
(1) There shall be a Chief Notary to Government and one
or more Notaries to Government for the Island of Malta and a
Notary to Government for the Islands of Gozo and Comino and
there shall also be one or more Notaries Public with the Lands
Authority and one or more notaries with the Housing Authority.
(2) The Chief Notary to Government, Notaries to Government,
Notaries Public with the Lands Authority and the Notaries Public with
the Housing Authority shall be appointed from among notaries
appointed by the President of Malta in accordance with the
provisions of Title I of Part II of this Act.
(3) The functions of Chief Notary to Government, Notary to
Government for the Islands of Gozo and Comino, Notary Public
with the Lands Authority and the Notaries Public with the Housing
Authority shall consist in receiving those deeds only to which the
Government, any corporate body established by law, or the Notarial
College, or, as may be authorized by the Minister in each case, any
partnership or any other body in which the Government of Malta or
any such body as aforesaid have a controlling interest or over
which they have effective control, is a party, in having the custody
of the deeds respectively received by them and in serving out
copies and extracts of or from such deeds during their tenure of
office.
(4) A Notary to Government for the Island of Malta shall
exercise such duties, powers and functions as may be delegated or
assigned to him by the Chief Notary to Government.
(5) In the case of absence or other lawful impediment of the
Chief Notary to Government or of the Notary to Government for
the Islands of Gozo and Comino, the Prime Minister may delegate
the Notary to Government for the Islands of Gozo and Comino or
the Chief Notary to Government, as the case may be, or one of the
Notaries to Government for the Island of Malta, or appoint another
notary, to discharge the duties of the Chief Notary to Government
or of the Notary to Government for the Islands of Gozo and
Comino, as the case may require; and in the case of absence or
other lawful impediment of a Notary Public 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.
(6) The office of Chief Notary to Government or of Notary to
Government is not incompatible with the office of Archivist and
Director or Assistant Director of the Public Registry or Director or
Assistant Director of the Land Registry.
(1) The Chief Notary to Government, the Notaries to
Government and the Notaries in the Government Property Division,
shall receive from the Government a fixed salary.
(2) The Chief Notary to Government, the Notary to
Government for the Islands of Gozo and Comino, shall collect on
behalf of the Government the fees due in terms of article 81.
(3) A Notary Public with the Housing 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.
(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.
The provisions of article 12(b), shall not apply to the Chief
Notary to Government or a Notary to Government or a Notary
Public with the Lands Authority or a Notary Public with the Housing
Authority.
TITLE V *
OF NOTARIAL DEPOSIT ACCOUNTS
(1) Every notary, except those referred to in article 22,
shall open an account with a loca l 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
*the addition of this Title, by article 19 of Act XXIV of 2011, is subject to the
provisions of article 103(1) of the same Act.
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 sub-
paragraph (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.
PART III
O F N OTARIAL A CTS
TITLE I
O F THE F ORMALITIES OF N OTARIAL A CTS
(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 (2) witnesses shall be required only in
the following cases
(a) whenever any of the appearers so requests; and
(b) whenever any of the appearers does not know how or
is unable to sign his name
Provided that in the case of public wills and in the case
of acts of delivery of secret wills, the notary shall in all cases
inform and explain to the testator about the testator’s right to
have two (2) witnesses present
Provided further that in the case of public wills if the
testator chooses not to have two (2) witnesses present, the
notary shall in the will declare that he has informed and
explained to the testator about his right to have two (2)
witnesses present and that the testator chose not to have two (2)
witnesses present
Provided further that in case of acts of delivery of secret
wills if the testator chooses not to have two (2) witnesses present,
the notary shall in the act of delivery declare that he has informed
and explained to the testator about the testator’s right to have two
(2) witnesses present and that the testator chose not to have two
(2) witnesses present.
(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), 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).
The notary must personally be certain of the identity of the
appearers, attestors, witnesses and interpreters. Such identity shall be
ascertained by the production 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.
(1) No person shall be competent as witness unless such
person has attained the age of eighteen years, was born or is
residing in Malta and has no interest in the act.
(2) Saving the provisions of article 670 of the Civil Code
relating to public wills, the following shall not be competent as
witnesses
(a) any person who is blind or deaf or dumb;
(b) any person who is related to the notary or to any of the
parties or appearers, by consanguinity or affinity in
any of the degrees mentioned in article 12(b);
(c) the spouse of the notary or of any of the parties or
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
appearers;
(d) any person who does not know how to or cannot sign.
(3) The attestors must have the same qualifications as are
required for witnesses, but the relationship by consanguinity or
affinity referred to in sub-article (2), or their inability or incapacity
to sign, shall not disable them from acting as such.
(1) Every notarial act must contain -
(a) the indication written out in words and in full by the
notary himself, of the day, the month and the year, and
in the case of a will, also the hour in which the act is
signed;
(b) the name and surname of the notary;
(c) (i) the personal details of the parties, as listed in article
2042 (a) and (b) of the Civil Code
Provided that the date of birth may be written in figures
only, and if the full address is included in the deed, such
address may also contain figures only;
(ii)
where the place or date of birth of any of the
parties is unknown to the notary or where any of
the parties is born of an unknown parent, or where
the surname at birth of the parents is unknown to
the notary or cannot with the exercise of
reasonable diligence be ascertained by him, a
statement of such fact in the act shall be sufficient;
(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;
(iv) where an appearer declares to be acting as a
trustee in respect of the subject-matter of the act,
the indication that the party appears as trustee in
respect of that subject-matter;
(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) the indication, written out, at least in the first instance,
in words and in full, of any date, sum of money, amount
or quantity of things forming the subject matter of the
act
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Provided further that in any discrepancy between words
and figures, words shall prevail;
(f)
(i)
the precise description of the things forming the
subject-matter of the act in a manner that they
cannot be mistaken for others,
(ii) in the case of an act inter vivos relating to
immovable property, such property shall be
designated, if urban, by the mention of the city
or village and the street wherein it is situate and
the street number thereof, or, if it has no number
by the mention of at least three of its boundaries;
if rural, by the mention of the place within the
limits of which it is situate, its denomination, if
any, (and possibly the denomination, of the
district), its area, and at least three of its
boundaries as well as a site plan of the property
showing the juxtaposition of the property
Provided that where the same site plan required to be
so annexed is already annexed to another public deed,
a reference thereto shall suffice
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) a mention of the titles and papers annexed to the act.
Any annexe not mentioned in the act or not duly
signed, shall not be considered as forming part of the
act except in so far as the truth of its contents results
from the act itself
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, the notary shall
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) a statement that the notary has duly explained to the
appearers the contents of the act before the publication
thereof;
(i)
a statement that the act has been published in the
presence of the witnesses, where the presence of
witnesses is required by law. Where the notary does
not know whether the witnesses are related by
consanguinity or affinity to any of the parties or the
appearers in any of the prohibited degrees, it shall be
lawful for him to assure himself of such fact from the
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
witnesses themselves, and, in any such case, he shall
state that the witnesses are not related as aforesaid
according to their own statement;
(j)
an indication of the island, the city or village and the
house or other place wherein the act is published and,
where it is a country or place other than Malta, the name
of such country or such place;
(k)
(i)
the signature, at the foot of the act, in the
annexes and in the list, of the notary, the
appearers, and, if attestor or an interpreter or
witnesses shall have been employed, of such
attestors, interpreter or witnesses, saving the
provisions contained 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) the notary shall, immediately after his signature
at the foot of the act declare his capacity of
Notary Public of Malta in English or in Maltese,
either in writing or by means of a stamp or a
sealed stamp, and Notaries Public in
Government employment shall also declare such
capacity,
(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,
(iv) the signature on documents filed as vouchers of
annexed accounts to which such accounts make
reference, is likewise dispensed with,
(v) if any of the appearers or any of the attestors
does not know how to or cannot sign, he shall
declare the cause of such inability or incapacity,
and the notary shall make a mention of such
declaration before the act is signed;
(l)
in the case of a public will contained in several sheets,
the signature of the testator, interpreter, witnesses and
notary in the margin of each intermediate sheet.
"Intermediate sheet" means every sheet which forms
part of the act except that containing the final
signatures.
(2)
The signature of the witnesses in the intermediate sheets
and annexes referred to in this article shall not be necessary if all
the appearers are able to sign.
(3) The above requirements, apart from those stated in
subarticle (1)(a), (b), (c), (h), (i), (j) and (k), shall not apply to a
notarial deed whereby a trust is created in terms of article 43A of
the Trusts and Trustees Act except in the case where it involves any
act of settlement under trust or unilateral declaration of a trust of
immovable property or real rights over such property or any vesting
or divesting of a trustee in respect of such property or rights.
Without prejudice to the right of the notary to annex to a
notarial act the documents he deems necessary or useful, and
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.
(1) Notaries may not make use of abbreviated clauses
commonly called et caetera clauses, in any contract of sale,
exchange, emphyteusis or letting and hiring, or in any other
contract for constituting a pledge, or a privilege or a general or
special hypothec.
(2) Nor may any notary, in any contract whatsoever, make use
of any et caetera clause implying a derogation of any of the
provisions of Title IV of Part II of Book Second of the Civil Code.
(3) Where the appearers, for the purpose of modifying the
effects of the laws relating to contracts in general or to the
contracts of sale, exchange, emphyteusis or letting and hiring,
desire to make stipulations which heretofore were deemed to have
been made by the use of an et caetera clause, the notary may
express such stipulations either by writing out such clause in full
and without abbreviations or by using other expressions signifying
the will of the appearers.
(4) Any clause inserted in any contract in contravention of sub-
articles (1) and (2), shall be void and of no effect.
(5) The provisions of article 1007 of the Civil Code shall not
apply to the clauses the use whereof is prohibited by this article.
(1) The original of every notarial act shall be written,
typewritten or printed in dark, clear, easily legible and indelible
characters, without blanks or spaces unless such blanks or spaces
are lined, without abbreviations, corrections, alterations or
additions in the body of the act and without erasures.
Every original act shall have two margins, one on the right-
hand side and the other on the left-hand side. All annotations and
signatures as are required by law to be made in the margin shall be
made in whichever of the said sides is the outer side.
(2) Where it is necessary to remove, vary or add any words
before the act is signed by the appearers, the attestors, interpreter
and witnesses, the notary shall make such removal, variation or
addition by means of a numbered mark in the place where such
removal, variation or addition is to be made and a note at the end of
t h e a c t , b u t b e f o r e t h e f i n a l s i g n a tu r e s , n u m b e r e d s o a s t o
correspond to the relative mark; and in any such case, the notary
shall cancel the words which it is desired to remove or vary, in such
manner as to leave the words cancelled still legible, and the note at
the end of the act shall state the number of words so cancelled or, as
the case m ay be, that other words are substituted for those
c a n c e l l e d , an d c o n t a i n i n g i m m e d i a t e l y a f t e r, t h e w o r d s s o
substituted.
(3) In the case of a mere addition of words, the notary shall
make a numbered mark in the place where the addition is to be
m a d e a n d a no t e at t he en d o f t he ac t , b ut b ef o r e t he f i n al
signatures, numbered so as to correspond to the relative mark, and
containing "the expression "words added", "adde" or other similar
expression and, immediately after, the words to be added.
(4) Any cancellation, addition or variation made otherwise than
in the manner aforesaid shall be considered as if it had not been
made.
The acts of delivery of secret wills shall be written on the
back of the paper on which the will itself is written or on that which
serves as its envelope.
(1) Secret wills shall be opened and published in
accordance with the procedure laid down in article 534 of the Code
of Organization and Civil Procedure. The notary who publishes a
secret will shall keep a record of such publication and shall
preserve and register such record as in the case of an inter vivos act.
(2)
Such procès-verbal shall contain -
(a) the name and surname of the judge or magistrate and
the registrar in whose presence the will is opened and
published;
(b) the name and surname of the notary;
(c) an indication of the decree ordering the publication;
(d) a statement that the will has been opened, read and
published by the notary in the presence of the said
judge or magistrate and the registrar;
(e) the personal details of the testator, as listed in article
2042 (a) and (b) of the Civil Code;
(f)
a statement of the fact that both the original of the will
and the note of the presentation thereof in court as well
as the notarial act of delivery, if any, have been
annexed to the procès-verbal.
The protest of a bill of exchange shall be kept and
registered as an inter vivos act and shall be drawn up in a single
instrument even if the persons against whom it is entered, whether
simultaneously or successively, are two or more.
(1) All notarial acts shall be drawn up in the Maltese or in
the English language as the appearers desire
Provided that where all the appearers declare that they are
not Maltese-speaking persons nor English-speaking persons, they
may require the use of any language other than Maltese or English
which is known by the notary and the witnesses; in any such case
the notary shall draw up by the side of the original text or at the end
thereof a translation of the act into Maltese or English, and such
translation shall be signed in the manner prescribed in article 28.
(2) The notary shall warn the appearers of the importance of
the truthfulness of the said declaration and shall record in the act
that he has complied with this requirement and that to the best of
his knowledge and belief such declaration is true.
(3) Any appearer to the act who makes a false declaration, and
any notary who receives any act in any language other than Maltese
or English when he knows or has reason to believe that any of the
appearers is a Maltese-speaking or an English-speaking person,
shall be liable to a fine (multa) not exceeding one hundred and
sixteen euro and forty-seven cents (116.47) to be imposed by the
Court of Revision of Notarial Acts.
(4) Any notary who receives any act without recording therein
the said declaration of the appearers, or without recording the fact
that he has warned the appearers of the importance of the
truthfulness of such declaration, shall be guilty of an offence and
shall be liable to a fine (multa) not exceeding eleven euro and sixty-
five cents (11.65) to be imposed by the Court of Revision of
Notarial Acts.
(5) Where any act is ordered by a judgment or decree of any
court, the court shall in such judgment or decree specify the
language, in accordance with the provisions, in which the act shall
be drawn up by the notary.
(6) In this article the expressions "Maltese-speaking person"
and "English-speaking person" shall have the same meaning as is
assigned to them in article 7 of the Judicial Proceedings (Use of
English Language) Act.
(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.
All declarations, attestations, certifications, references or
notes made by any notary in pursuance of this Act shall be in the
Maltese language, except where the act to which they refer has
been drawn up in the English language, in which case they shall be
drawn up in the English language.
(1) The interpretation of an act into any language, when
required for the intelligence of all the appearers shall be made by
the notary, or, if the notary does not know the language understood
by the appearers, by an interpreter chosen by the appearers.
(2) The interpreter must have all the qualifications required for
a witness and shall not be one of the attestors.
(3) The interpreter must take the oath before the notary to
perform his duties faithfully, and a mention of the taking of such
oath shall be recorded in the act.
(4) The interpreter shall sign the act as provided in article 28(1)(k)
and (l).
(1) Where any of the appearers is totally deaf, such
appearer shall read the act, and a mention of the fact shall be
recorded therein.
(2) If such appearer is illiterate use shall be made of the
services of an interpreter to be appointed by the Civil Court
(Voluntary Jurisdiction Section), possibly from among the persons
accustomed to communicate with him, and who can make himself
understood by signs and gestures. The interpreter shall be present at
the execution of the deed, saving as regards wills, the provisions of
article 669 of the Civil Code.
(3) Such interpreter must possess the qualifications required
for a witness and shall take the oath as provided in article 36(3), and
a mention of the taking of such oath shall be recorded in the act.
(4) Such interpreter may be chosen from among the parents or
relatives of the deaf person, but shall not, at the same time, act as a
witness or as one of the attestors.
(5) The interpreter shall sign the act as provided in article
28(1)(k) and (l).
Saving in regard to wills, the provisions of articles 597 and
668 of the Civil Code, where any of the appearers is dumb, or deaf
and dumb, besides the rule laid down in the last preceding article as
to the presence of the interpreter the following rules shall be
observed
(a) the appearer who is dumb, or deaf and dumb and can
read and write shall himself read the act and write at
the end thereof, before the signatures, that he has read
it and found it to be in accordance with his will;
(b) if such appearer does not know how to or cannot read
and write, it shall be necessary that his sign-language
be understood also by one of the witnesses, or,
otherwise, that a second interpreter be present at the
execution of the act in accordance with the rules laid
down in article 37(2), (3), (4) and (5).
(1) Where, in the publication or the drawing up of an act
an interpreter has been employed, the notary shall, before the act is
signed, state that such interpreter was chosen with the consent of
the appearers, or as the case may be, by the Civil Court (Voluntary
Jurisdiction Section), and that he took the oath to perform his
duties faithfully.
(2) In default of compliance with the provisions of sub-article
(1), the act is voidable on the demand of the person in respect of
whom the employment of an interpreter was required.
(3) The said demand shall no longer be competent after the
lapse of one month from the date of the publication of the act, or if
the said person shall have given execution to the act.
(1) A notarial act is null
(a) if it has been received by a 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(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.
(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.
(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.
In all other cases not provided for in the last preceding
article, the notarial act shall not be null or annullable, as the case
may be, but the notary who contravenes the provisions of the law
shall be liable to the penalties laid down therein.
In the event of an act being declared null or is annulled by
a judgment of the competent judicial authority, which has become
res judicata, the notary by whom the act was received shall, after
the order contained in such judgment has been communicated to
him by the Registrar of the Court, immediately enter a reference
thereto in the margin of the original of the act and of the relative
register
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.
Without prejudice to anything that may be provided by
regulations made in accordance with article 40(14) and (15), the
execution of an act is not deemed to be complete until the act has
been published and then signed, at the same time, by the appearers,
the attestors, interpreter, witnesses and notary, as the case may be,
as provided in article 28(1)(k) and (l).
(1) It shall not be lawful to make any alteration in the act
after it has been published and signed, as provided in the last
preceding article.
(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.
The rescission, variation or cancellation of an act must be
made by a separate act.
(1) Without prejudice to the 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.
Notwithstanding the provisions of this Act or any other
law, where a person 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.
(1) It shall not be lawful for the notary at any time to make
any annotation on any act except in the cases specified by law.
(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.
(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.
(Repealed by XXIV. 2011.43).
(Repealed by XXIV. 2011.43).
(1) Every notary must, within fifteen working days from
the date of the act deliver to the Director of the Public Registry a
note of -
(a) any act inter vivos transferring the ownership of
immovable property or other real rights over such
property;
(b) any act inter vivos creating or varying any praedial
easement or any right of usufruct, use or habitation
relating to immovable property, or containing any
renunciation of such easement or right;
(c) any act of emphyteusis or sub-emphyteusis or of
reduction or redemption of ground-rent, or of
renunciation or rescission relating thereto;
(d) any public will or any publication of a secret will;
(e) any public deed of cohabitation;
(f)
any marriage contract, settlement of dowry, variation
of or counter-declaration respecting any marriage
contract, separation of property between spouses, or
cessation of the community of acquests;
(g) any act creating an annuity, in perpetuity or for a time
as a real burden on immovable property and any act
notifying the termination thereof;
(h) any act imposing any burden, in perpetuity or for a
time, on immovable property;
(i)
any act of compromise affecting immovable property
or real rights over such property;
(j)
any act of partition of immovables or any declaration
affecting the ownership of immovables or any rights
over immovables;
(k) any act of assignment of hereditary rights;
(l)
any act of renunciation made by any person on taking
religious vows;
(m) subject to the provisions of sub-article (9), any act
whereby a foundation is established or terminated and
any act whereby a new endowment, other than an
endowment under a scheme which is registered under the
Second Schedule of the Civil Code, is granted to a
foundation;
(n) any notarial corrective act, any subsequent corrective act
and any act of rebuttal in terms of article 45A;
(o) any act to renounce to an inheritance;
(p) any application for a European Certificate of Succession
and every issued European Certificate of Succession.
(2) The said note must contain the date and nature of the act,
the designation of the parties in accordance with article 28(1)(c), a
precise designation of the things forming the subject-matter of the
act in accordance with article 28(1)(f), and, in the case of an act in
which the value can be determined, an indication of such value.
(3) In the case of a public will or of the publication of a secret
will, the note shall only contain the date and nature of the act and
the designation of the testator in accordance with article 28(1)(c).
(4) The said note shall be signed by the notary who received
the act or who is the keeper thereof.
(5) It shall not be lawful to draw up two or more notes on one
sheet.
(6) The notary shall, together with the said note, present to the
Director of the Public Registry a copy thereof and such copy shall
be countersigned by the said Director who shall affix thereto the
date and his signature as evidence of the presentation.
(7) The provisions of the Public Registry Act shall apply to the
drawing up of the said notes, as well as to the drawing up of notes
of hypothecation and of all other notes filed in the Public Registry.
(8) In the case of a deed of settlement under trust of property
which is not immovable property, the note shall only contain the
date and nature of the act and the designation of the settlor in
accordance with article 28(1)(c); provided that the notary shall
have no obligation and shall not register such note if the settlor has
exempted him from so doing in the trust deed and the trustee is a
person who is authorised or not required to be authorised to act as a
trustee in terms of article 43 of the Trusts and Trustees Act.
(9) In the case of a deed creating a foundation, the note shall
contain the date and nature of the act, the name of the foundation
and the designation of the founder in accordance with article
28(1)(c) and in the case of a new endowment, the date and nature of
the act, the name of the recipient foundation and the designation of
the grantor in accordance with article 28(1)(c)
Provided that, in the case of a private foundation, the Notary
shall have no obligation and shall not register such notes if the founder
or grantor has exempted him from so doing in the relevant deed and
the administrator is a person who is authorised or not required to be
authorised to act as an administrator for a private foundation in terms
of article 43 of the Trusts and Trustees Act.
(10) When a foundation which is registered with the Registrar is
terminated, the administrators shall enrol in the records of a Notary
the relative form presented to the Registrar for Legal Persons, and
the note delivered to the Director of Public Registry by the Notary
shall only contain the date and nature of the act and a reference to
the original note delivered to the Director of Public Registry on the
establishment of such foundation
Provided that when the Notary who published the deed
establishing the foundation was exempted by the founder from
delivering the note regarding such establishment to the Director of
Public Registry, the administrators and the Notary shall not be bound
as aforesaid.
(11) In this article "private foundation" shall mean a foundation as
defined in article 31B of the Second Schedule of the Civil Code.
(Repealed by XXIV. 2011.45).
(1) When there is a transaction relating to a cell of an
organisation under article 20A or under article 20B of the Second
Schedule to the Civil Code which results in a change in legal
ownership of any immovable property or real rights over such
property, such event shall be recorded in a public deed before a
Notary Public executed by the administrators or their delegates of -
(a) the transferring organisation and, if different, those of
recipient organisation under the said article 20A; or
(b) the organisation of which the cell formed part and
those of the new organisation under the said article
20B, as the case may be,
and the Notary shall, within fifteen (15) days from the date of the
act, deliver to the Director of the Public Registry a note in
accordance with article 50.
(2) (a) Where a beneficial owner of immovable property which
is held by a private foundation, transfers or otherwise disposes of
the beneficial ownership of such property inter vivos to a third
party, such a transaction shall be deemed to constitute a transfer of
shares for the purposes of the Duty on Documents and Transfer
Act, and for the purposes of article 5(1) of the Income Tax Act.
(b) Where a change in the ownership of immovable
property does not involve a change in the beneficial
ownership thereof, such change shall not be deemed to
constitute a transfer of shares for the purposes of the
Duty on Documents and Transfers Act, and for the
purposes of article 5(1) of the Income Tax Act but
shall nevertheless be recorded as required in this
article.
(c) For the purposes of article 49 of the Duty on
Documents and Transfers Act, "transferor" and
"transferee" in a transfer of immovable property inter
vivos shall be deemed to include a private foundation
acting for the benefit of either the transferor or the
transferee of the beneficial ownership of such
immovable property, or of both such transferor and
transferee.
(3)
In this article
"beneficial owner" means the person beneficially entitled to
the shares under a private foundation;
"private foundation" shall mean a foundation as defined in
article 31B of the Second Schedule of the Civil Code.
(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 hypothec, 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.
(2) A similar duty is imposed on the notary who is the keeper
of any such act.
(3) The notary shall, together with the note by means of which a
hypothec, 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.
(Repealed by XXIV. 2011.47).
(Repealed by XXIV. 2011.47).
TITLE II
O F THE C USTODY OF A CTS AND OF THE N OTARIAL R EGISTERS
(1) Every notary must with all due care and diligence keep
in a safe place the acts received by him with the relative annexes
until he shall have deposited the same in the Archives as provided
in this Act.
(2) For the purposes of sub-article (1) the notary shall bind in
volumes, in chronological order, all the acts received by him in the
course of a year, affixing on the margin of each act a progressive
number; each annexe shall have a distinguishing alphabetical letter.
(3) All the written pages of the said acts received in the course
of a year and of the annexes thereto shall bear a progressive
number
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.
(4) Public wills, however, shall be bound in separate volumes,
and those received in the course of a year shall likewise bear in the
margin of each a progressive number, and all their written pages
and annexes shall also bear a progressive number
(5) The volumes of public wills shall be kept separate from the
other volumes, and under lock and key.
(6) Both in the minute-book and in the register, a blank leaf
cancelled on either side by two transversal lines must be left
between the end of one public will and the beginning of another.
(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.
(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).
The notary must, within twenty-four hours of the execution
of each act, write the title thereof in the margin.
(1) It shall not be lawful to tear out any unwritten pages or
part of any unwritten page of any act or of any annexe thereto.
(2) On every such unwritten page or part thereof between one
act and another the notary must, within twenty-four hours of the
execution of the act, draw two transversal lines across the whole
length of the unwritten space.
The notary must register each act within three months from
the date of the publication thereof: he must also register the
annexes thereto even when in the act it is stated that the same are
annexed for preservation only.
(1) The registration is made by transcribing the act and
annexes on other pages, with the number and title of the act, and
with the references mentioned in the law, placing in their proper
places all the words of the act without distinguishing any variation
made therein or reproducing the words cancelled.
(2) The notary shall make a signed declaration at the end of
each volume, that he has collated the register with the relative
original acts.
(3) No erasure shall be made and there shall be no cancellation
or addition of more than fifty words in or to any one act in the
register
Provided that where any words are cancelled and
substituted by any one or more words, account shall only be taken
of the number of words cancelled or words added in substitution
thereof, whichever is the greater.
(4) The provisions of article 30 as to the mode in which the
original acts are to be written, and any variation, addition or
cancellation is to be made, shall also apply to the registration of the
acts, and any variation, addition made in the original act as
provided in that article shall in the registration of the act be copied
in its proper place in the body of the act
Provided that no single volume shall be partly handwritten
and partly typewritten or printed, except that where any part of the
original, or any annexe attached thereto, is printed, a facsimile of
the same may be used in the registration thereof
Provided further that cancellations and additions referred to
in sub-article (3) may be hand-written notwithstanding that the
register is typewritten or printed.
The registers of public wills received by the notary during
a year shall be kept separate from the registers of the acts inter
vivos received during the same year, and shall be bound in separate
volumes.
(1) The said registers shall be numbered within one month
from the last day of the time prescribed for the registration.
(2) Such numbering shall begin, both for the registers of wills
and for the registers of acts inter vivos, from the first page of the
respective first act and shall continue to the last page of the last act
received during the year.
(3) The proviso to sub-article (3) of article 55 shall mutatis
mutandis apply.
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.
Subject to the provisions of the last preceding article, it
shall be lawful to bind in one volume the registers of two or more
years.
(1) Every notary must keep two alphabetical indexes, one
of the deeds inter vivos, and the other of wills.
(2) The provisions of sub-article (1) apply both as regards the
original acts received during the year and as regards the registers of
such acts.
(3) The said indexes shall be formed in the alphabetical order
of the surnames of the parties, and every act shall be entered under
the surname of each of the parties thereto. Such indexes shall
contain the name and surname of each of the parties, the nature of
the act, the progressive number thereof.
(4) The time for the formation of such indexes is the same as
that fixed for the registration of the acts under article 58.
The notary must preserve and take care of the said registers
and indexes, during his lifetime, with the same diligence as the
original acts.
(1) The notary shall be responsible for any loss,
cancellation, erasure or other injury which, through his fault, may
occur in the original acts, annexes, registers or indexes while in his
possession.
(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.
The originals and the registers of acts inter vivos shall be
open to the inspection of any person.
(1) Saving the provisions of article 81(5), public wills and
the registers thereof shall not be accessible, during the life of the
testator, except to the testator himself, or to a person holding a
special authority from him, which authority shall be duly
authenticated and shall be kept by the notary in a register for the
purpose, where the authority shall be numbered. A reference to the
number of the authority shall be made on the will or the register.
(2) The Notary who had drawn up a will unica charta or his
keeper or delegate Notary shall, after the death of one of the
testators and without the need of any further authorisation, have the
authority to issue to any person an extract from such will which
shall contain all the testamentary dispositions of the deceased
testator
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.
(1) All deeds of trusts done by notarial deed in terms of
article 43A of the Trusts and Trustees Act, except any act of
settlement under trust or unilateral declaration of a trust of
immovable property or real rights over such property, and any
vesting or divesting of a trustee in respect of such property or
rights, shall not be accessible to any person other than the settlor,
the trustee or such other person as may be permitted access by the
terms of the trusts, the applicable law or under authority of any
court.
(2) The same rules shall apply to all other documents relative
to a trust held by the depository notary in terms of the said Act.
(3) In the case of a testamentary trust, the provisions of this
Act which apply to wills shall apply mutatis mutandis; however,
the provisions of this article shall not apply to all documents
subsequently filed with the depository notary in accordance with
article 43A of the Trusts and Trustees Act.
(4) For the better carrying out of its functions under the Trusts
and Trustees Act, the Authority, as defined in the said Act, shall
h a v e t h e r i g h t a nd p o w e r t o d e m an d i n f o r m a t i o n f r o m a n y
depository notary relating to any trust documents in his possession
and in such a case the depositary shall provide such information
and documents as may be requested notwithstanding any duty of
professional secrecy.
(1) Notarial deeds creating purpose foundations shall be
accessible to any person requesting to have access thereto even if
the purpose is not exclusively social or public benefit.
(2) The accessibility of notarial deeds creating private foundations
shall be governed by the provisions of article 31B of the Second
Schedule to the Civil Code.Originals not to be delivered to any
person.
(1) Saving the provisions of article 55(8), the notary shall
not deliver to any person the original of any act, nor can he be
compelled to present or deposit the same, except in the cases and in
the manner prescribed in this Act or in pursuance of a decree of a
court.
(2) It shall not be lawful to return to any of the parties to an act,
or other person interested therein any of the annexes thereto except
in pursuance of an order to that effect of the competent court; in
any such case, the notary must keep among the acts a receipt
together with an authentic copy of the annexe so returned and a
copy of the order directing such return.
(1) On the death of a notary, or where a notary has ceased
from the exercise of his office or has been suspended therefrom in
terms of articles 14 and 15(1), or is about to leave Malta, the acts
received by him with the respective registers and indexes shall be
deposited in the Archives, unless the Court of Revision of Notarial
Acts shall have appointed a notary to be the keeper or custodian of
such acts or registers, on the demand of the heirs of the deceased
notary, or of the lawful owners of his registers or, as the case may
be, of the notary himself who has ceased from exercising his office
or has been suspended or incapacitated therefrom or is about to
leave Malta.
(2) In the case of rehabilitation of the notary in accordance
wi t h t h e p ro v i s i on s o f a r ti c l e 1 4 ( 2) , o r o f c e s s a t i on o f t h e
suspension inflicted upon him in terms of article 15(1), or of his
return to Malta, the notary may apply to the said court for the
restitution of the aforesaid registers and indexes.
(1) Every notary is the owner of the registers of the acts
received by him and of their respective indexes.
(2) He may dispose of the said registers and respective indexes
as a whole in favour of any person by a public deed or by will.
(3) The original acts, registers and indexes, shall not be subject
to any precautionary or executive warrant and may not be sold by
judicial auction.
(1) Any notary alienating his registers and respective
indexes must, within ten days, give notice of such alienation to the
Registrar of the Court of Revision.
(2) In any such case, such notary shall remain responsible for
the safe keeping of the acts and registers until such time as, on his
demand or on the demand of the alienee the said court shall have
appointed as keeper thereof the alienee himself, if he is a notary, or
otherwise, another notary proposed by the alienee and accepted by
the said court.
Any notary, appointed keeper or custodian in any of the
cases mentioned in this Act, shall have, in respect of the acts or
registers entrusted to his care, the same duties as in respect of his
own acts or registers.
TITLE III
O F C OPIES, E XTRACTS AND DECLARATIONS
(1) Saving the provisions of Part V of this Act, the notary
alone during his lifetime and so long as he continues in the exercise
of his profession shall have the right to allow the inspection and the
reading of the acts received by him or of the acts received by
another notary and of which he is the keeper, and to give copies and
extracts of or from such acts or issue the declaration referred to in the
proviso to article 68(2).
(2) The notary is bound to give any copy, extract or declaration
required by any person
Provided that he may refuse to give any such copy, extract
or declaration, if the person requiring the same shall not deposit
with him the amount of fees and expenses, or until full payment of
the fees, accessory charges and expenses shall have been made.
(3) The notary shall not permit the inspection or the reading of
any will or give any copy of or extract from such will, during the
lifetime of the testator, except to the testator himself or to a person
holding a special authority from him duly authenticated, or to other
persons in the presence of the testator, saving the provisions of
article 68(2) and of article 81(5).
(4) Saving the provisions of articles 205 and 207 of the Civil
Code, the notary shall not on the mere allegation of the death of a
testator give any copy of a will, extract thereof or declaration, or
make its contents or even its existence known to any person, unless
such person produces an extract of the act of death of the testator
which extract shall be retained by the notary.
(5) Where a copy of a will, whether authenticated or not, is
issued -
(a) the notary shall state in writing at the end thereof
(i) to whom such copy has been issued;
(ii) where the copy has not been issued to the
testator himself, that he has ascertained either
that the testator is dead or that the person to
whom the copy is to be given is duly authorized
to receive it;
(b) when the testator is still alive, the person to whom the
copy is given shall on receipt thereof sign such copy in
the presence of the notary.
(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.
(7) The provisions of sub-article (4) and of sub-article
(5)(a)(ii) and (b) shall not apply where one hundred years have
elapsed after the making of the will.
(1) The provisions of article 30 as to the manner in which
the original acts are to be written, and any variation, addition or
cancellation is to be made, shall apply also to copies and extracts
issued from acts or registers
Provided that any variation or addition made in the original
act or in the register as provided in the said article and in article 59
shall be copied out in its proper place in the body of the act and not
by means of a marginal note.
(2) Copies may also be printed or prepared by other mechanical
means, provided the impression of the characters be made with
indelible ink.
(3) The notary, however, may not remove from his office the
original acts or registers except for the purpose of preparing copies
as provided in sub-article (2).
(1) A copy contains a faithful transcription of an act in
conformity with the original or the register.
(2) An extract contains a faithful transcription of one or more
parts of an act in conformity with the original or the register; it
must always reproduce the commencement and the conclusion of
the act.
(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.
(1) Every copy and extract shall bear at the end the date of
its issue and shall be authenticated by the notary who shall affix his
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.
Where, for the purpose of interpreting or reproducing any
act, owing to its antiquity or to its special nature or to the language
in which it is written, or for the purpose of reproducing any
impression or design, a paleographer, photographer or other expert
has been employed, the notary or Archivist may not certify that the
interpretation or the reproduction conforms to the original, but only
that it has been made from the original which is under his custody
or exists in the Archives.
TITLE IV
O F A CTS WHICH ARE DELIVERED IN O RIGINAL TO THE P ARTIES,
OF THE A UTHENTICATION AND L EGALIZATION OF S IGNATURES
OR C ROSS-MARKS
The notary may give out to the parties in the original,
besides the applications and other acts relating to matters of
voluntary jurisdiction prepared by him, the following acts only -
(a) the procès-verbaux;
(b) the authentications of signatures and cross-marks; and
(c) the acts and certificates referred to in article 2(2)(c),
(d), (e), (g) and (h).
(1) The authentication of the signatures or cross-marks set
a t t h e e n d o f a n y p r i v a t e w r i t i n g a n d i n t h e m a rg i n o f t h e
intermediate sheets thereof, must be written out under such
signatures or cross-marks, and must contain a declaration that the
same were set in the presence of the notary and of the witnesses and
attestors, if any, with the date and indication of the place
Provided that as regards the signatures or cross-marks in
the margin and in the intermediate sheets, the signature of the
notary alone, under such signatures or cross-marks shall be
sufficient.
(2) The notary does not assume any responsibility for any
nullity or irregularity contained in any writing authenticated by
him, except where such writing contains any stipulations contrary
to good morals.
TITLE V
O F F EES, C HARGES AND OTHER E XPENSES DUE TO N OTARIES
(1) The notary is entitled to receive from the parties in
respect of every act, copy, extract or declaration as well as in
respect of any other professional service under article 2, a fee, in
addition to the reimbursement of the expenses and to other
accessory charges.
(2) If the act is null or annullable for any cause attributable to
the notary, the notary shall not be entitled to any fee or to the
reimbursement of the expenses or to any other charge.
(3) The fees and the accessory charges payable to the notary
shall be those fixed in the Tariff relating to the Notarial Profession
and the Notarial Archives in the Schedule annexed to this Act.
(4) The notary shall, in respect of the services provided in
terms of article 84C, be entitled to receive from the transferee the
f e e s f i x e d i n t h e Ta r i f f a n d , w h e r e t h e r e i s a c o n t r a c t o f
engagement, the fees agreed upon in such contract. He shall also be
entitled to the reimbursement of all expenses and accessory
charges.
(5) Such fees and charges shall be taxed by the court of
voluntary jurisdiction, which, for the purpose of taxing the fees due
in respect of a will, during the lifetime of the testator, may cause
the contents of such will to be examined by its deputy registrar,
after administering to him the oath to maintain secrecy in regard to
all the provisions of such will.
If the act contains several distinct covenants, a fee shall be
due in respect of each of such covenants.
(Repealed by XXIV. 2011.66).
The parties are jointly and severally liable towards the
notary for the payment of the fees and charges due to him as well as
for the reimbursement of the expenses, except in the case of
services rendered by the notary in the exclusive interest of one or
some of the parties only.
PART IIIA
O F N OTARIAL TRUST DEEDS
(1) The formalities for notarial acts for the settlement of
property under trusts, including unilateral declarations of trusts and
the vesting and divesting of a trustee in respect of trust property
applicable when a settlor wishes to create a trust by means of a
notarial trust deed or when it is mandatory to do so in terms of
article 43A of the Trusts and Trustees Act, shall be laid down from
time to time by the Authority referred to in the Trusts and Trustees
Act
Provided that where the deed involves the transfer, vesting
or divesting of any immovable property or real rights over such
property, a notarial act shall be drawn up in accordance with Part
III of this Act.
(2) The custody of notarial trust deeds and other trust
documents relative to the same trust and their registration by the
notary, access thereto and the issue of copies and extracts therefrom
may also be regulated by such rules.
(3) In this article "notarial trust deed" shall include such
notarial deed whereby a trustee declares an inventory of assets
placed under trust in terms of article 43A of the Trusts and Trustees
Act.
The provisions of article 84A shall apply mutatis mutandis
to a notarial deed creating a private foundation.
PART IIIB
OF THE EXAMINATION OF TITLE
(1) A notary is empowered to 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 carried out in terms of
regulations made under this article.
(4) A notary may examine title whenever he is instructed to do
so by a written 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 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).
(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.
(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.
(9) The notary shall be the owner of the documents he compiles
for the examination of title and shall preserve them for a period of
five years. Such period shall run from the date 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 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 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 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 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 facts and findings resulting from the examination of
title and the reservations which the notary is required to
mention to a transferee.
PART IV
O F THE N OTARIAL C OLLEGE AND OF THE N OTARIAL C OUNCIL
(1) The Notarial College whose object shall be to promote
the welfare and progress of the notarial profession, shall be
composed of all the notaries actually practising their profession in
Malta and Gozo.
(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.
(1) The direction and management of the Notarial College
shall be entrusted to a committee called the Notarial Council,
elected annually from among the members of the College.
(2) The names of the members composing the Notarial Council
shall be published in the Gazette.
The Notarial Council shall communicate with the
Government and the Government with the Council on all matters
affecting the profession or connected therewith.
(1) The Notarial Council shall, of its own motion or on the
complaint of any person, inquire into the professional conduct of
any notary which is considered to be repugnant to the decorum of
his profession, or into any charge of negligence or abuse made
against any notary in the exercise of his profession or in connection
with professional matters, unless the power to take cognizance of
and deal with such conduct or charge of abuse or negligence is
vested in some other authority under this Act or any other law for
the time being in force.
(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.
(1) If on any such inquiry, the Notarial Council is satisfied
that a notary has been guilty of any such conduct, abuse or
negligence as mentioned in the last preceding article, the Council
shall have power to admonish such notary and shall report the case
to the Attorney General and to the Court of Revision.
(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.
No admonition shall be made nor shall any case be
reported to the Attorney General and to the Court of Revision, as
provided in the last preceding article, unless the notary concerned
shall have had full opportunity to defend himself, and no decision
of the Notarial Council shall be valid unless it has been agreed to
by at least two-thirds of the members of the Council.
Any notary on whom any punishment has been inflicted
under the provisions of articles 88 and 89, may appeal to the Court
of Revision of Notarial Acts, by an application to be filed within
fifteen days from the date on which notice has been given to him of
the punishment so inflicted, and such court shall have power to
reverse the decision of, or to vary the punishment inflicted by, the
Notarial Council.
(1) The Notarial Council shall have power to make
regulations respecting the functions and duties of the Notarial
College and of the Notarial Council, the meetings to be held by the
College and by the Council, the procedure to be followed at such
meetings, and the payment of a fee by the members of the College,
as well as all other regulations which may be deemed necessary or
expedient for the maintenance of the College and the furtherance of
its object.
(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.
The regulations mentioned in the last preceding article
shall, before coming into operation, be submitted to the Minister
responsible for notarial affairs to be approved by him.
Unless a higher fee is prescribed in the regulations made in
terms of article 92(1), 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 five euro (€5)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 2010 and, in
default of such an index, in terms of regulations made under this Act
Provided that the said fee of five euro (€5) shall be due on
deeds published after the 1 st January 2019.
If the Notarial Council fails to comply with the
requirements of article 88, the Minister responsible for notarial
affairs shall have power to dissolve the same and direct the election
of a new Council.
PART IVA
OF THE REVIEW OF ACTS
(1) For the purposes of this Part 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 the original wills; and includes the original acts
of delivery of secret wills published up to 31st December 2011.
(2) It shall be the duty of the Council to 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), the President of the
Council shall from time to time by application to the Court submit
t h e n a m e s o f s u c h q u a l i f i e d p er s o n s a s t h e C o u n c i l d e e m s
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 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 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 and the power -
(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
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 related to the process of
acceptance of acts which notaries present during the
period of presentation, review officers shall act under
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
ind epen den tly o f th e Co unc il bu t su bj ect 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 review a fee of five euro
(€5) 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 2010 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
Provided that the said fee of five euro (€5) shall be due on deeds
published after the 1 st January 2019.
(10) (a) During the period of 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 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; 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
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
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.
(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 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 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 Notary or the Review Officer
appointed by the Notarial Council 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 or the Review Officer 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 or the Review Officer, and the notaries shall have the same
duties with regard to such presentation.
(15) Notaries shall be charged for such review a fee of five euro
(€5) per will which shall be due to the office of the Notary to
Government or Review Officer 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 2010
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
or Review Officer appointed by the Notarial Council 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
a t t o r n e y, t h e C h i e f N o t a r y s h a l l n o t p r o c e e d t o a c c e p t t h e
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 or Review Officer
appointed by the Notarial Council shall not enter into his duties in
term of this 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 -
(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 120.
(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
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
without prejudice to its powers under article 123.
(19) (a) A notary who has been 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 17(1),
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 sub-paragraph (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 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 apply to partial
incapacitation and rehabilitation therefrom.
(22) (a) If the notary who fails in his obligations in terms of
s u b - a r t i c l e s ( 1 0 ) , ( 11 ) , ( 1 2 ) , ( 1 4 ) o r ( 1 6 ) i s t h e
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 the acts and the Chief
Notary shall review the wills
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) 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
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.
(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 124.
(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) 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.
(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
t h i s o r a n y o t h e r l a w, o p t e i t h e r t o a p p l y t h e d i s c i p l i n a r y
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.
(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
m a i l f r o m t h e R e g i s t r a r o f t h e C i v i l C o u r t s an d
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 Organization and Civil Procedure.
(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
a t t o r n e y, t h e C h i e f N o t a r y s h a l l n o t p r o c e e d t o a c c e p t t h e
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.
PART V
O F THE N OTARIAL A RCHIVES
(1) There shall be two Archives, one in Malta for the
preservation of the deeds received by notaries during their
residence in the Island of Malta, and another at Gozo, for the
preservation of the deeds received by notaries during their
residence in the Island of Gozo or Comino.
(2) Each of the said Archives shall have a keeper or archivist,
who shall be also the treasurer thereof, and such other personnel as
shall be necessary for the requirements of the service.
(3) Before entering upon the exercise of his office, the archivist
shall take before the Court of Appeal the oath of allegiance in terms
of article 10 of the Code of Organization and Civil Procedure, and
the oath of office as follows
"I, ................. , promise and swear, that 1 will faithfully observe
all the laws of Malta and that 1 will faithfully and with all honesty
and exactness carry out the duties of Keeper of the Archives to the
best of my knowledge and ability. So help me God".
(1) The keeper or archivist shall be selected and appointed
by the Prime Minister.
In the case of absence or other lawful impediment of the keeper
or archivist, his duties shall be carried out by such officer as may
be designated by the Minister responsible for notarial affairs or in
accordance with arrangements made by the said Minister.
(2) Saving, as regards the office of Chief Notary to
Government or of Notary to Government, the provisions of article
22(3), the office of Archivist or other officer attached to the
Archives shall be incompatible with the exercise of the notarial or
any other profession and with any other public office.
In the Archives of Malta there shall be deposited for
preservation -
(a) all original notarial acts received by deceased notaries
previously residing in Malta, with the respective
indexes;
(b) all the original notarial acts received by notaries
residing in Malta who, for any cause whatsoever, have
ceased to exercise the notarial profession, with the
respective indexes;
(c) all the original notarial acts received by notaries
residing in Malta, with the respective indexes, when
such acts and indexes require to be deposited in the
Archives or are seized under the provisions of this Act.
In the Archives of Gozo there shall be deposited for
preservation -
(a) all the original notarial acts received by deceased
notaries previously residing in the Island of Gozo or of
Comino, with the respective indexes;
(b) all the original notarial acts received by notaries
residing in Gozo or Comino, who, for any cause
whatsoever, have ceased to exercise the notarial
profession, with the respective indexes;
(c) all the original notarial acts received by notaries
residing in Gozo or Comino, with the respective
indexes, when such acts and indexes require to be
deposited in the Archives or are seized under the
provisions of this Act.
All registers of notarial deeds received by notaries residing
in Malta and Gozo or Comino when such registers belong to the
Government, or are privately owned but, for one reason or another, do
not have a conservator or delegated notary, or when such registers are
seized from the hands of such notaries for a good reason contemplated
in this Act they shall be deposited in the National Archives of Malta
Provided that the Chief Notary to Government may inspect
and take copies of the registries at all times and free of charge.
The provisions of articles 68 and 69 shall apply to the acts,
registers and indexes kept in the Archives.
The archivist shall be the lawful representative of the
Archives: he shall be responsible for the custody and preservation
of all the documents deposited therein, as well as for the proper
management of the Archives, and shall report to the Attorney
General any contravention committed by any notary or other person
for non-compliance with the provisions relating to the Archives.
(1) The archivist, in his capacity as treasurer of the
Archives, collects the fees and other charges payable to the
Archives in accordance with the Tariff relating to the Notarial
Profession and Notarial Archives in the Schedule annexed to this
Act, and gives the relative receipt.
(2) Every notary may, during his lifetime, without payment of
any fee, inspect any of the original acts received by him and
deposited in the Archives and give out any copy or extract of or
from such acts.
(3)
Notaries delegate and keepers shall have a similar privilege.
(1) The archivist shall permit the inspection and the
reading of the acts deposited in the Archives, and shall give out
copies and extracts of or from such acts, observing, so far as they
are applicable, the provisions of article 76.
(2) A special register shall be kept in the Archives wherein the
archivist shall enter daily all the copies and extracts issued on
payment in terms of the law, stating by whom the demand for the
issue of such copies and extracts has been made.
(3) Due mention shall be made on the copy or extract of the
entry made in the register, and the progressive number assigned in
such register to the act so issued shall also be stated.
(4) The provisions of articles 76, 77 and 78 shall apply to the
copies or extracts issued from the Archives.
(1) Each archivist must keep a general index of the
notaries whose acts or registers are deposited in the Archives.
(2) Such index shall be kept in the alphabetical order of the
surnames of the notaries and must show in respect of each notary,
his name and surname, the number of volumes of acts and registers,
the number of pages of each volume, the date of the first and last
act received by him, and an indication of the article and shelf
wherein his acts are preserved.
(3) Where any portion of the acts or registers of any of the said
notaries exists in other Archives, a mention of such fact shall also
be made in the said index.
(4) The said index shall be open to the inspection of any person
free of charge.
(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.
(1) Each archivist shall keep a general index of notaries
whose acts are 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.
(1) Whenever any person inspects, reads or makes
extracts from any notarial act deposited in the Archives, the
archivist shall collect the fees due in accordance with the Tariff
relating to the Notarial Profession and Notarial Archives in the
Schedule annexed to this Act, to the notary who is the owner or
keeper of the relative register.
(2) The archivist shall give an account of the fees collected as
aforesaid and pay such fees to the notaries concerned, at least once
every year.
Saving the provisions of the Notarial Acts (Temporary
Provisions) Act and the proviso of article 94A(10)(a), the acts,
registers, registers and indexes deposited in the Archives may not
be removed therefrom without an order of a court of justice, and,
where any such order is made, the archivist shall see that such acts,
registers or indexes be replaced in the Archives as soon as the
purpose for which they shall have been removed from the Archives,
shall have been served.
The original acts and their indexes shall be kept in a place
separate from that of the registers thereof and possibly in a
different room or floor, in the office of the Archives.
(1) The Archives shall be kept open on such days and at
such hours as the Minister responsible for notarial affairs shall
direct.
(2) Unless the act constitutes a graver offence under any other
law, any person who enters or remains in the Archives outside such
days and hours without the permission of the archivist or of the
Court of Revision of Notarial Acts, shall be guilty of an offence
and shall on conviction be liable to the punishment established for
contraventions.
(1) The archivist may give directives for the keeping of
order in the premises under his control and for the security and
safety of such premises.
(2) Any person disobeying any directives given in terms of
sub-article (1) shall, unless the act constitutes a graver offence, be
guilty of an offence and shall be liable, on conviction, to the
punishment established for contraventions.
The archivist shall inform the Court of Revision of
Notarial Acts of any expense that might be necessary for the better
preservation and custody of the acts and registers deposited in the
archives; and, when the owner of such registers is known, the said
court may, on the demand of the archivist by sworn application,
order such owner to pay the sum so required.
PART VI
O F THE S UPERVISION OVER N OTARIES, THE A RCHIVES AND THE
P UBLIC R EGISTRY, OF THE C OURT OF R EVISION OF N OTARIAL
A CTS, AND OF D ISCIPLINARY P UNISHMENTS
TITLE I
O F THE S UPERVISION OVER N OTARIES, THE A RCHIVES AND THE
P UBLIC R EGISTRY, AND OF THE C OURT OF R EVISION OF
N OTARIAL A CTS
(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 in office
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
t he r e t i r e d J u d ge o r r e t i r e d M a gi s t r a t e o r r e t i r e d a d v o c a t e
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 Attorney General: "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.
(10) (a) If the appointment mentioned in sub-article (5) is not
made within two months of the date it should have
been made, or if the office is for any reason vacant for
over two months, the most senior Magistrate shall,
without the need of any formality and notwithstanding
any law to the contrary, ex officio preside the Court of
Revision of Notarial Acts for as long as the
appointment is not made or the office remains vacant
and, in case such Magistrate is unable for any reason to
preside such Court, the immediately next most senior
Magistrate shall ex officio preside, and so on.
(b) In this sub-article the phrase “most senior Magistrate”
means a serving Magistrate who has been in office for
the longest time, independently of the provisions of
article 7(2) of the Code of Organization and Civil
Procedure.
(c) For as long as the Magistrate mentioned in paragraph
(a) presides such Court, any reference in this Act and
in any law to the retired Judge or retired Magistrate or
retired advocate of the Court of Revision of Notarial
Acts or a similar reference shall be a reference to the
Magistrate mentioned in the said paragraph who
presides such Court.
(1) The Registrar shall, within one month of the date of
any decision, decree or order given or made by the said court or of
the award of any disciplinary punishment cause a copy of such
decision, decree or order or a written notice of such award to be
served on the Attorney General and on the archivist or other notary
concerned therein, even though such decision, decree or order shall
have been given or made, or such punishment awarded, in their
presence.
(2) A copy of such decision, decree, order or written notice of
an award shall also be served on the President of the Council.
(1) In every case, the Attorney General may, within thirty
days from the day on which he is served with the copy or notice
referred to in the last preceding article, enter an appeal to the Court
of Appeal (Inferior Jurisdiction), by an application, against any
decision, decree or order given or made by the said Court of
Revision, as well as against the award of any disciplinary
punishment. A similar right of appeal shall be competent to the
notary or archivist in respect of whom any such decision, decree or
order shall have been given or made.
(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.
112A.(1) The Minister responsible for justice may by
regulations under this subarticle establish the fees payable to the
registry of the Court of Appeal (Inferior Jurisdiction) for the filing
of judicial acts under article 112
Provided that until such fees are so established by the
M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f
Organization and Civil Procedure shall apply.
(2 The board established under article 29 of the Code of
Organization and Civil Procedure may make rules governing
applications under article 112.
(1) Proceedings before the said court shall be held in
camera.
(2) Such court shall, for the exercise of its functions, the
execution of its orders under this Act, the maintenance of the
respect due to it and the good order of its sittings, have the same
powers as are by law given to the Court of Magistrates, and the
laws relating to the service of summonses in connection with, and
the conduct of proceedings before the Court of Magistrates shall, in
every other respect, apply to the service of sworn applications and
to all other proceedings of the said Court of Revision.
(3) In the case, however, of suspension from or deprivation of
office, the said court shall have power to order the proceedings to
take place in public.
The Registrar of the Court of Magistrates shall act as
Registrar of the Court and shall take part in its sittings.
(1) The court, whenever it considers it expedient, may,
and, at the request of the Attorney General, shall, without giving
any previous notice, visit and inspect the Archives, the Public
Registry or the office of any notary and any place where he keeps the
notarial acts, registers and indexes
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.
(2) In making the request referred to in sub-article (1), the
Attorney General or, as the case may be, the President of the Council
may -
(a) indicate the day and the time or the period of time on,
at, within or as from which the visits and inspections
are to be made;
(b) indicate the particular acts, registers and indexes
which are to be inspected.
(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.
(1) The inspections of the Notarial Archives must be
carried out by the said court in such a manner that a general
inspection of the Archives be carried out every year.
(2) In the course of such inspections the said court shall
examine whether the service is being performed according to law,
whether the respective officers have the requisite qualifications for
the office occupied by them, whether such officers attend to their
duties with the due regularity and diligence, and particularly-
(a) whether the service of the inspection of acts and the
issue of copies and extracts proceeds in accordance
with the prescribed rules;
(b) whether the registers and the indexes are regularly
kept in accordance with the provisions of articles 102
and 103;
(c) whether the premises are fit for the purpose for which
they are intended and are kept with all due care.
(3) The court, where necessary, shall submit to the Minister
responsible for notarial affairs the measures which it considers
expedient for remedying and preventing deficiencies.
(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.
(1) Following the inspections made in terms of articles 115
or 116, the court shall draw up in duplicate a special procès-verbal
of each inspection, one copy to be kept in the records of the said
court and the other to be transmitted to the Attorney General.
(2) Such procès-verbal shall also be signed by the archivist or
the notary, as the case may be.
(3) If the archivist or the notary refuses to sign, mention of
such refusal shall be made in the procès-verbal stating the grounds
thereof.
Each volume of original notarial acts, registers and indexes,
and every book and 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.
(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 the aforesaid sub-article (18),
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.
(2) No previous notice shall be given for the inspection of the
Archives and the Public Registry.
(Deleted by Act XXIV. 2011.87).
The court may for a just cause call upon the notary or the
Archivist, to produce the acts, registers, books and indexes of any
period.
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.
(1) The court shall examine whether the notary, the
archivist and the Director of the Public Registry have performed
the duties imposed upon them by this Act or by any other law, and,
in case of any contravention, the court may award punishment and
give any other directions which it may deem expedient according to
law.
(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.
(1) Any complaint in respect of any contravention
committed by any notary or by the archivist against the provisions
of this Act, or of any breach of his duties, or of any abuse,
negligence or other irregularity, may, at any time, be brought to the
cognizance of the said court by the Attorney General, the President
of the Notarial Council or by any other person, by an application.
(2) The court upon ascertaining summarily on such evidence as
it may deem proper to require the matter of the complaint, shall
order the said application to be served to the Attorney General.
(3) If the contravention, abuse or negligence imputed to the
notary or archivist is such as to call for the application of a
punishment heavier than that of admonition and reprimand, the
court shall determine whether there are or not sufficient grounds
for further proceedings. In the former case the court, upon
ascertaining summarily on such evidence as it may deem fit to
require, the matter of the complaint, shall order the said application
to be served on the party concerned, allowing him fifteen days
within which to file a statement of defence, by means of a note, and
if such party fails to present such note, or the court considers
insufficient the defence set up by him, the court shall summon such
party to appear before it at the place, day and hour fixed in the writ
of subpoena and shall give notice thereof to the Attorney General.
The person so summoned may appear either personally or by a
special attorney and may be assisted by an advocate and may file
statements of defence.
(4) The court, after hearing the person summoned as aforesaid
or his representative and the Attorney General, if present, shall
dispose of the case.
(1) On the death of any notary, or, in default of
appointment of a keeper in the case of absence of any notary from
Malta or of the cessation, suspension or incapacitation of any
notary from the exercise of his office in any case under this Act, the
Court of Revision shall order the acts, registers and indexes
existing in the estate of the deceased notary or in the possession of
the notary who is absent or has ceased to exercise his functions or
has been suspended or incapacitated as aforesaid, even if such acts,
registers and indexes were or are in his possession as keeper
thereof, to be seized and deposited in the Archives as provided in
article 70.
(2) For the enforcement of such seizure, the said court may
order the search of any place where it has reason to believe that the
said acts, registers and indexes may be found.
(3) The said court shall have the powers referred to in the
foregoing sub-articles of this article whenever it has sufficient
reason to believe that any notary, on account of insanity or other
infirmity, is unable to exercise his office, notwithstanding that such
notary shall not have yet been incapacitated as provided in
paragraph (g) of sub-article (1) of article 14.
(4) In any of the cases referred to in this article, the said court
shall proceed ex officio upon information given by any person, after
having, summarily and without delay, ascertained the truth of the
facts brought to its notice, and shall have for such purpose the
power to call witnesses and to examine them on oath.
Any person having in his possession the acts or registers
of any deceased notary or of any notary who is absent or has ceased
to exercise his office, or knowing that any such acts or registers are
in the possession of any other person, must forthwith give notice
thereof to the registrar of the said court under penalty of a fine
(ammenda) not exceeding one hundred euro (€100), to be awarded
by the Court of Magistrates as court of criminal judicature, at the
suit of the Executive Police or of any other person.
TITLE II
O F D ISCIPLINARY P UNISHMENTS
(1) The disciplinary punishments to which notaries may
be liable for any breach of duty are
(a) admonition and reprimand;
(b) fine (ammenda);
(c) suspension;
(d) deprivation of office.
(2) Such punishments shall be awarded independently of any
other punishment imposed by any other law and, in all cases,
without prejudice to any action for damages and interest which may
be competent under any other law.
The punishment of admonition and reprimand consists in
reproaching the notary for the offence committed by him, and
cautioning him against committing another offence.
(Repealed by XXIV. 2011.92).
(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) 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.
(5) A notary who breaches the provisions of article 12(k) shall incur
an administrative penalty, for each breach, of not less than five hundred
euro (€500) and not more than five thousand euro (€5,000).
(6) 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).
(6) 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.
Any notary -
(a) against whom any warrant of arrest has been issued; or
(b) who has been sentenced for any of the offences
mentioned in paragraph of article 14(1)(f) by a
judgment which has not yet become res judicata, or
who has been sentenced to be deprived of his office by
a judgment or order which is not yet final and
absolute; or
(c) who is undergoing any punishment restrictive of
personal liberty on conviction for any other offence,
shall be temporarily incapacitated from the exercise of his office.
In the case of any of the judgments mentioned in the last
preceding article, the incapacitation of the notary from the exercise
of his office shall be ordered 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.
Any notary against whom proceedings for a contravention
against the notarial laws punishable with deprivation of office or
for any of the offences mentioned in article 14(1)(f) have been
commenced, may be incapacitated from the exercise of his office
by order of the Court of Revision at the instance of the Attorney
General or the President of the Notarial Council.
The order of incapacitation in any of the cases referred to
in article 133(b) and (c) and article 135 shall be enforceable
notwithstanding any appeal therefrom.
Any sentence ordering the suspension of any notary from
the exercise of his office shall be enforceable notwithstanding
appeal, whether such suspension is imposed as an accessory
penalty or as a principal penalty.
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).
Any notary who has been sentenced for any of the offences
mentioned in article 14(1)(f), may be deprived of his office by the
President of Malta unless the deprivation of office has been ordered
in the sentence itself.
If in the facts with which the notary is charged there are
e xt e n ua ti ng c ir c u m s ta nc e s , t he co u rt , h a v in g r e g a r d to th e
particular circumstances of the case, may apply any of the lesser
punishments or even exempt the notary from any punishment.
The offender shall be deemed to be a recidivist if the
second or subsequent contravention is committed by him within
five years of the previous conviction.
The disciplinary action against any notary for any
contravention under the provisions of this Act, punishable with
a dm o n it i on a nd re pr i m a nd , fi n e (a m men d a) , susp e n s i on or
deprivation of office, shall be barred by the lapse of five years from
the day on which the contravention was committed.
Any notary whose conduct in his practice shall be in any
manner derogatory to the honour and dignity of the profession,
shall be liable to admonition and reprimand, and, if he is a
recidivist, to suspension for a time not exceeding one year.
Every order given by any competent judicial authority
against any notary in criminal matters shall be communicated to the
Attorney General by the Registrar of the Criminal Court.
The disciplinary punishments mentioned in this Part shall
be applied by the Court of Revision, saving the provisions of article
89. PART VII
S UPPLEMENTARY AND T RANSITORY P ROVISIONS
(1) The fees and other charges payable under the
provisions of this Act shall be those fixed in the Tariff relating to
the Notarial Profession and Notarial Archives in the Schedule
annexed to this Act.
(2) The Minister responsible for notarial affairs may by
regulation add to, or amend, the Schedule to this Act or make any
other Tariff or Schedule in substitution thereof.
(Repealed by XXIV. 2011.97).
(Repealed by XXIV. 2011.97).
(Repealed by XXIV. 2011.97).
(Repealed by XXIV. 2011.97).
(Repealed by XXIV. 2011.97).
(1) The Minister responsible for notarial affairs may
make regulations generally for carrying out the provisions of this
Act and in particular but without prejudice to the generality of the
foregoing, may by such regulations
(a) provide for the making of duplicate registers of any
original notarial acts lost, destroyed or damaged, and
for the substitution of any register lost, destroyed or
damaged;
(b) prescribe the mode in which such duplicate registers or
new registers shall be prepared and authenticated;
(c) prescribe that acts or registers deposited in the
Archives be reproduced by microfilming and by any
other form of digitisation and the mode in which such
reproductions are to be made, stored and made
accessible to the public;
(d) prescribe the manner in which reproductions made by
microfilming and by any other form of digitisation and
copies thereof may by authenticated;
(e) prescribe the fees and other charges to be levied and
paid in respect of anything done under the foregoing
provisions;
(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;
(g) provide for any matter incidental or supplementary to
any of the foregoing provisions.
(2) Any duplicate register or new register made in accordance
with regulations made under sub-article (1) or under the Duplicate
Register of Notarial Acts (Emergency) Regulations, 1942, shall for
all intents and purposes, replace the original acts or registers.
Transitory provisions included in Legal Notice 498 of 2011
The provisions of articles 91, 93, 94, 95 and 96 of the Act * shall be
without prejudice to the provisions of articles 98 and 103 of the Act.
Where articles 93 and 96 of the Act refer to provisions of the principal
Act † which were amended by the Act, and such provisions as amended
have not yet come into force, articles 93 and 96 of the Act shall start
affecting such provisions as soon as the amendments to such provisions
come into force and, for such time as such provisions shall not yet have
come into force, the provisions of the principal Act as they stood before the
coming into force of such amendments made by means of articles 93 and
96 shall continue to apply.
Act XXIV. 2011.103, as amended by article 17 of Act XIX of
2012
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
*that is, the Notarial Profession and Notarial Archives (Amendment) Act, 2011 - Act
XXIV of 2011.
†that is, the Notarial Profession and Notarial Archives Act - Cap. 55.
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 2018, 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 2018, 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
c o n t i n u e t o a p p l y t o t h e p e r s o n s t a k i n g t he q u a l i f y i n g
examination up to and including 2017. Such footnote shall be
retained up to the end of 2017.
(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
Provided that the provisions of article 8(7) of the principal Act as
substituted by this Act shall not apply to persons who sit for the qualifying
examination before the year 2018
Provided further that the Board of Examiners appointed in terms of
article 7 of the principal Act as substituted by this Act shall have the right, in
its discretion before the year 2018, to hold another qualifying examination in
any calendar year, sohowever that the examination cannot be held less than six
months from the date of the results of the examination held in March of such
year.
(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
Provided also that, so long as the Minister responsible for notarial
affairs does not make regulations in terms of paragraph (b) of this sub-article
regarding acts published, before the coming into force of article 40 of the
principal Act as substituted by this Act, by notaries who died or shall have died
at any date, the Acts of Deceased Notaries Regulations, made by Legal Notice
303 of 2005, (L.S. 55.05) shall remain in force notwithstanding that article 40
of the principal Act, under which they were made, has been substituted by this
Act.
(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.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
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
2 0 11 w h i c h a t a n y t i m e u p t o 3 1 s t D e c e m b e r 2 0 1 2 a r e
deposited in the Archives by the Special Commissioner in
terms of the Notarial 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.
41
7. Act of Personal Separation, Act of Cohabitation and Act
of Civil Union,
……………...........................................................from
116.94
…………………..........………………………….…..to
233.88
8. Donation, compromise, community or partition of
movable or immovables where value is indeterminable,
…………………………………………………… from
58.47
……………………………………………………….to
292.35
9. Deposit of movable things of an indeterminable value,
receiving back same from the depository,
…………………………………………………… from
40.93
………………………….......………………………..to
87.70
10. Nomination to a particular benefice or donation of the
right of advowson, irrespective of the number of patrons taking
part on the act,
………………………………….....……………....from
35.08
………………………………………………………..to
58.47
11. Act of partnership where the value is indeterminable,
…………………………………………...........…..from
175.41
……………………………...............................……..to
526.23
12. Act of acknowledgement of the grantee in any
emphyteutical or subemphyteutical grant,
………………………………………………….…from
35.08
……………………………………………………….to
70.16
13. Protest of bill of exchange
For any amount up to €1000,
……………………………………………………from
29.23
……………………...………………………………..to
58.47
For any amount exceeding €1000 but not exceeding
€10,000
……………………..…………………..............…from
58.47
…………...............…………………………………..to
116.94
For any amount exceeding €10,000,
……………...………………………………….….from
116.94
………………………………………………………..to
233.88
14. Appointment of arbitrators, saving the provisions of the
Arbitration Act (Cap. 387)
……………………………………………….....…from
58.47
………………………………………………………..to
116.94
15. Act of ratification, correction, validation or
convalidation, where the value is indeterminable, and unless
the fee exceeds the fee which was due for the original act, in
this case the fee shall be reduced to such a figure,
……………………………………………….........from
…………………………………...........……………..to
16. "Act of notoriety",
……………………………………………………from
……………………………...............………………..to
17. Enrolment of documents (in addition to the fees in
respect of the annexes)
………………………...…………………………..from
…………………………………….......................…..to
18. Certificate of proof of life or existence of a person,
……………………………….………...................from
…………………………………………..……………to
19. Total cancellation of hypothecary rights,
…………………………………...........…………..from
…………………………………………..……………to
Reduction or postponement of hypothecary rights,
……………….……………………..................….from
………………..………………………………………to
Subrogation of hypothecary rights,
………………………… ………………..………..from
………………………………………..………………to
These fees shall apply whether the values are
determinable or otherwise.
20. For the drawing up of a declaration to be confirmed on
oath,
…………………………...............................…….from
…………………………………………….…………to
21. For every jurat and administration of the oath,
………………………………………………….....from
…………………………………………..……………to
22. Act of consent,
……………………………................................…from
………………………………………………........….to
23. For the drawing up of a power of attorney, including any
necessary authentication of signatures or marks,
…………………………...................................….from
………………………………………………………..to
24. Act of discharge in general terms, where the value is
indeterminable,
……………………………...……………………..from
29.23
…………………..............................................……..to
58.47
25. For every other act where the value is indeterminable,
………………………………….......................….from
29.23
……………………………………..…………………to
116.94
26. For authentication of signatures or cross-marks affixed
on any document containing any act or agreement of any
indeterminable value,
………………………….……...………………….from
5.85
………………………………………………………..to
11.69
Fees according to the Value
27. For each act of transfer, under any title, of any immovable property,
creation of an annuity, usufruct, use, habitation, easement, assignment,
declaration regarding transmission causa mortis, emphyteusis or sub-
emphyteusis, fees shall be charged according to the value as follows
For the first sum not exceeding €11,694
1.0%
For any additional sum not exceeding €584,700
0.50%
For any additional sum over €584,700
0.25%
Two-thirds of the said fees shall be charged for any act of transfer of
movable property, loan, acknowledgement of debt, surety, hypothecation by
separate act, or substitution of hypothec.
The said fees shall be due even if the act is subject to a suspensive
condition.
In the case of an act of exchange, the said fees shall be assessed on
the portion of immovables or movables exchanged which has the greater
value.
In the case of acts of creation of an annuity or of emphyteusis or sub-
emphyteusis, the said fees shall be calculated on the value resulting on
capitalising the annual amount of the annuity or ground-rent respectively at
three per cent (3%)
Provided that in the case of a temporary emphyteusis or sub-
emphyteusis, such fee shall be reduced by one-half where the period for
which the emphyteusis or sub-emphyteusis is being granted or extended
does not exceed thirty (30) years.
In the case of an act of suretyship or hypothecation accessory to any
obligation arising from a separate act, the said fees shall be calculated on the
value of such obligation
For any act of grant of any grave, site or space in a
cemetery,
………… ……………………….......…………….from
58.47
…………………….....................................…………to
116.94
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Unless a higher fee is due on its price or value, for each
act of transfer of any grave, site or space in a cemetery
excluding what has just been mentioned in the preceding
provision, a fee
……………………………………….……………from
116.94
………………………………………....…………….to
233.88
28. The fees specified in item 27 shall also be due in respect of
Any act of reduction or redemption of an annuity, on the value of the
amount reduced or redeemed, capitalised at three per cent (3%);
Any act of reduction or redemption of ground-rent, or of
emphyteutical renunciation, on the value of the amount of ground rent
reduced or redeemed, capitalised at three per cent (3%), or on the value
determined for such renunciation;
Any act of partnership or community of property, on the value of the
things brought into the partnership or placed in community, provided that in
no case shall the fee be less than 175.41.
Any act of partition of immovable property including community
property following its cessation, on the value of the mass without deduction
of the debts;
Any act of compromise, on the value of the things forming the subject
matter thereof;
Any act of contract of work or locatio operis, on the price of the
works reduced to one-third, provided that in no case shall the fee be less
than 233.88.
Any act of liquidation or inventory, on the value of the mass without
deduction of the debts. In any such case, the fee shall be reduced to one-
half, provided that in no case shall the fee be less than 233.88.
Any act of leasing, on the total amount of rent payable (any increase
according to the rate of inflation, percentage increase or any other form of
increase shall not be considered), reduced by one-half or, at the notary’s
discretion, the equivalent of one (1) month’s rent in the first (1) year,
provided that in no case shall the fee be less than 292.35.
Any act of pledge or antichresis, on the amount of the credit secured
by the pledge or antichresis reduced by one-half provided that in no case
shall the fee be less than 58.47.
Any act of deposit or delivery of any sum, stock, or other things,
payment, extension of the time for payment, receipt, or delivery of
possession of a legacy, rectification, rescission or dissolution of any other
act, acknowledgement of an assignment of a debt, promise of alienation or
loan; in any of these cases, the fee shall be reduced to one third of the value,
provided that it shall in no case be less than 70.16.
29. Where any matter referred to in items 27 and 28 can form the object
of a private writing, for the drawing up by the notary of such writing and the
authentication of signatures thereon, the notary shall be entitled to from one
half to two thirds of the fee which would have been due to him for the
execution of such act, provided that it shall not be less than 58.47.
III. Fees for Acts or Private Writings prepared at the request of the parties
which are not published or signed
30. For any act or private writing prepared by the notary at the request of
the parties and which is not published or signed for any cause not attributed
to him, the notary shall be entitled to two thirds of the fee which would
have been due to him for the execution of such act or for the drafting and
signing of such private writing, in addition to the reimbursement of any
expense incurred by him.
Fees for Copies, Extracts, Declarations, Searches, Translations,
Inspections, Reading and Collation of Acts
31. For copies and extracts legalised by the notary, there shall be charged
a fee of from one euro and seventeen cents (€1.17) to two euro and thirty-
four cents (€2.34) for every page.
If they are not legalised, a fee of from fifty-eight cents (€0.58) to one
euro and seventeen cents (€1.17) for every page shall be charged.
32. For the certification or attestation of the accuracy of copies or
extracts from books or documents produced by the parties as provided in
article 2(2)(g) of the Act there shall be charged a fee of from one euro and
seventeen cents (€1.17) to two euro and thirty-four cents (€2.34) for every
page or part thereof.
33. For every certificate attesting any translation in accordance with
article 2(2)(h) of the Act, there shall be charged a fee of seventeen euro and
forty-one cents (€17.41) in addition to the fee of from eleven euro and
seventy cents (€11.70) to twenty-three euro and thirty-nine cents (€23.39)
for every page of about one hundred (100) words to be translated.
34. For every declaration in accordance with the proviso to article 68(2)
of the Act, there shall be charged a fee of twenty-nine euro and twenty-three
cents (€29.23) in addition to a fee of from two euro and ninety cents (€2.90)
to five euro and eighty-five cents (€5.85) per page.
35. For a search of an act where only the year in which it was received is
indicated, a fee of from two euro and ninety-two cents (€2.92) to five euro
and eighty-five cents (€5.85) shall be payable to the notary; where the
search extends over two (2) or more years, a fee of from one euro and
seventy-five cents (€1.75) to two euro and ninety-two cents (€2.92) for
every year to which the search extends shall be payable to the notary.
36. For the inspection and reading of an act, a fee of from two euro and
ninety-two cents (€2.92) to five euro and eighty-five cents (€5.85) shall be
due.
If the act is read out by the notary to the person making the request,
the said fee shall be doubled.
No fee shall be charged for the inspection of the act, if the party
orders a copy thereof or an extract therefrom.
The said fees as aforesaid shall be due for the collation of the copy or
extract with the original act where such collation is required by the parties
after the copy or extract has been authenticated by the notary.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
Where the collation, at the request of the parties, is to be made with
an act deposited in the Archives, in addition to the said fee, the notary shall
be entitled to an extra fee for attendance and to another fee calculated at the
rate of from eleven euro and sixty-nine cents (€11.69) to twenty-three euro
and thirty-nine cents (€23.39) for every half an hour of the time employed in
the work.
For the drawing up of an act in a language other than the Maltese or
English language, including the translation of such act into Maltese or
English as required by law, the notary shall be entitled to the fee payable in
respect of the act increased by from thirty per cent (30%) to fifty per cent
(50%).
Fees for other services rendered by a notary at the request of the
parties or in pursuance of an order of any Judicial Authority
37. For the drawing up and the signing of applications to be filed in the
court of voluntary jurisdiction, the notary shall be entitled to the same fees
as are payable to advocates in accordance with Tariff E of the Schedule to
the Code of Organization and Civil Procedure.
38. For the examination of title to immovable property in terms of
article 84C of the Act, unless otherwise specified in a contract of
engagement, the notary shall be entitled to the same fees as an advocate
would be entitled to in accordance with Tariff E of the Schedule to the
Code of Organization and Civil Procedure.
39. For any other work or service performed by the notary at the request
of the parties or in pursuance of any order of any judicial authority, the fee
due to the notary shall, in case of a dispute, be taxed by the court of
voluntary jurisdiction or, as the case may be, by the court making the said
order, regard being had to the nature of the work or services performed by
the notary.
Accessory Charges
40. (a)
Where for the performance of his duties the notary has to leave
his office or any of his offices, he shall be entitled to the reimbursement of
all travelling and board and lodging expenses.
(b)
In addition to what is stated in paragraph (a)
(i)
if the notary has to travel between two islands, he shall
be entitled to the fee of seventy euro and sixteen cents (€70.16)
together with the fee in respect of the service given; or
(ii)
if for any service the attendance of the notary is
required between 10pm and 7am, the fee in respect of the service
given shall be increased by 50%.
(c)
No fee shall be due for attending at the Public Registry, the
Land Registry or the courts of justice for the purpose of filing any note,
application or act.
41. For the registration of acts and annexes in accordance with article 58
of the Act, the notary shall be entitled to a fee of one euro and seventeen
cents (€1.17) for every page.
42. For the drawing up of any note of enrolment of a public will, of the
opening of a secret will, of a donation, of an endowment of a marriage
contract without the conveyance of immovables, of a counter-declaration to
a marriage contract, of personal separation and cessation of the community
of acquests, and for any other note relating to any notarial act where the
value involved is not ascertainable, and where there is no provision in this
Tariff, the notary shall be entitled to a fee of from two euro and ninety-two
cents (€2.92) to five euro and eighty-five cents (€5.85).
For the drawing up of any note of reference to an assignment,
subrogation, reduction or postponement, the notary shall be entitled to a fee
of from two euro and ninety-two cents (€2.92) to five euro and eighty-five
cents (€5.85).
For the drawing up of any note of total cancellation, the notary shall
be entitled to a fee of from one euro and seventeen cents (€1.17) to two euro
and thirty-four cents (€2.34).
For the drawing up of any note of enrolment of any act, when the
value is ascertainable, or of any note of registration or renewal of
registration of any privilege or hypothec, the notary shall be entitled to the
following fees on the basis of the value involved in the case of enrolment, or
of the amount of the debt in the case of registration or renewal of
registration: from one fifth to one third of the fee due to the Public Registry
in accordance with the Public Registry Act or any Act substituting that law.
For entering any marginal note or note at the foot of the original act in
accordance with article 47(1) of the Act following an act of rescission,
cancellation, variation, validation, convalidation, or of a notarial corrective
act or subsequent corrective act, the notary shall be due a fee of from two
euro and ninety-two cents (€2.92) to five euro and eighty-five cents (€5.85).
For submission in accordance with sub-articles 47(2) or (3) of the Act
to the Archivist or to a notary or notary keeper of a copy of the note filed in
accordance with article 50 of the Act, or if the act is not so registerable, a
copy of an act of rescission, cancellation, variation, validation,
convalidation, a notarial corrective act or a subsequent corrective act, the
notary submitting such document shall be due a fee of from five euro and
eighty-five cents (€5.85) to eleven euro and sixty-nine cents (€11.69).
A similar fee shall be due to the notary or notary keeper who enters in
the margin or at the foot of the original act and of its registration in the
register a reference in accordance with article 47(4) of the Act to an act of
rescission, cancellation, variation, validation, convalidation of a notarial
corrective act, or subsequent corrective act and, where the original is
deposited in the Archives, the fee shall also be due to the Archivist.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
General Provisions
43. In any case not expressly provided for in the foregoing provisions of
the Tariff, the fee payable shall be assessed by analogy to other cases
expressly mentioned in those provisions.
The fees chargeable in accordance with this Tariff shall not be subject
to rebate by reason that the acts were not drawn up by the notary by whom
they are received or were drawn up on printed forms.
44. The Minister shall, at the end of every ten (10) year period from the
coming into force of this Part, revise the provisions of the said Part, on the
basis of the cost-of-living index for the particular period of ten (10) years
and shall, before implementing such revision, be bound to seek the views of
the Notarial Council regarding said implementation.
PART II
Fees payable in the Notarial Archives
45. (a)
For every informal photocopy of any notarial act or
part thereof deposited in the Archives, there shall be charged a fee of
seventy cents (€0.70) for every page; provided that informal
photocopies of any such acts which are requested by persons who are
making researches exclusively for a historical, literary or scientific
purpose and who are authorised to do that by virtue of item 48. shall
be charged at the reduced rate of ten cents (€0.10) per page, up to a
maximum of three hundred (300) pages of copies in any one (1) year.
(b)
For every informal copy, to be executed in handwritten
or type-written form whenever this is deemed possible by the
Archivist, of any notarial acts or part thereof deposited in the
Archives, there shall be charged a fee of one euro and twenty cents
(€1.20) per page of about one hundred (100) words.
(c)
When any such photocopies or copies are to be
authenticated by the Archivist, the fee payable shall be increased by
fifty cents (€0.50) per page in all cases
Provided that when copies to be authenticated are
prepared by third parties, the fee to be charged for their
authentication shall be one euro and twenty cents (€1.20) per page of
about one hundred (100) words.
(d)
When in the preparation of handwritten or type-written
copies, experts are needed for the transcription and, or deciphering of
the original document, the fees payable to such experts shall be
charged in addition to the fees abovementioned.
(e)
For every digital copy of any notarial act or part thereof
deposited in the Archives. there shall be charged a fee of twenty-five
cents (€0.25) per digitised page. The provision of digital copies of
notarial acts by the Archives does not imply the transfer of any
copyright therein to the recipients. Any commercial use of such
images requires the written permission of the Archivist
Provided that digital copies of any acts which are
requested by persons who are making researches exclusively for a
historical, literary or scientific purpose and who are authorised to do
so by virtue of item 48, shall be charged at the reduced rate of ten
cents (€0.10) per digitised page.
46. For the inspection or reading of any notarial act kept in the Archives,
a fee of sixty cents (€0.60) shall be charged, whereof fifty cents (€0.50)
shall be kept by the Archives and the remaining amount shall be payable to
the notary or keeper of such act in accordance with the provisions of article
104(1).
No fees shall be levied for the inspection of any act if the party orders
its copy or extract
Provided that if at the request of a person. a notarial act is read
to that person by a member of the staff of the Archives, a fee of seventy
cents (€0.70) shall be charged for every half-hour or part thereof in which
the exercise is carried out.
No fee shall be payable by a notary who inspects or reads acts
received by him or by a notary of whose acts he is keeper. but such notary
shall pay the fee due for copies if he orders a copy thereof.
47. For the search of any act whereof the Archivist is keeper, a fee of
twenty-five cents (€0.25) shall be payable to the Archivist in respect of each
year to which the search extends.
48. No fee shall be charged for the inspection or reading of any act or for
any search made exclusively for a historical, literary or scientific purpose
by any person specially authorised for that purpose by the Minister
responsible for notarial affairs, with the advice of the Notarial Council and
the Archivist.
49. Where the Archivist is required to attend at any place outside the
Archives, in connection with the removal of any act therefrom, a fee of
twenty euro (€20) shall be paid to the Archives by the person in whose
interest the act shall have been so removed.".