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PUBLIC REGISTRY ACT

43 Articles / Provisions · Malta
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Table of Provisions (43)

Preamble Art. 1 Titolu. First Schedule Art. 2 A Public Registry Office in Valletta (Malta) and another in Victoria (Gozo). Second Schedule Art. 3 Director of Public Registry. Art. 4 Registrations and enrolments to be made in the Malta and in the Gozo office. Art. 5 The Director shall not receive notes not drawn up according to law. Art. 6 Where particulars are unknown. Art. 7 Rules for the designation of an immovable. Art. 8 Contents of note for enrolment. Art. 9 Contents of note for registration of bottomry contract. Art. 10 When attestation of notes is required. Art. 11 Court of Revision of Notarial Acts to decide any question as to the regularity of a note. Art. 12 Office hours for presentation of notes. Art. 13 Director to write on note date of receipt and progressive number. Art. 14 Order of registration. Art. 15 Time within which notes are to be registered. Art. 16 How registration or enrolment is made. Art. 17 Registers to be numbered and countersigned. Art. 18 Pages of registers to be divided into columns. Art. 19 No corrections to be made without authority of court. Art. 20 Correction may be made by transcription of entry. Art. 21 Correction of errors in transcription. Art. 22 Applicability of articles 20 and 21. Art. 23 Registers and notes open to inspection. Art. 24 Indexes. Art. 25 Lists of registrations and enrolments to be transmitted from Gozo. Art. 26 Director to give, on application, certificate of registrations. Art. 27 Contents of certificate. Art. 28 Where search of liabilities or transfers is required to be made in the Public Registry. Art. 29 Reference to registrations in Victoria (Gozo) Office. Art. 30 Special certificate. Art. 31 Certificate not to include lapsed registrations. S. 12 of Ord. XIII of 1895, incorporated. Art. 32 Form of note for renewal. S. 7(2) of Ord. XIII of 1895, incorporated. Art. 33 Register for renewals and legal hypothecs. S.8 of Ord. XIII of 1895, incorporated. Art. 34 Provisions relating to original registrations to apply to renewals. S.11 of Ord. XIII of 1895, incorporated. Art. 34A Two register books for the European Certificate of Succession. Art. 35 Responsibility of Director. Art. 36 Inspection of registers. Art. 37 Duties of Court of Revision. Art. 38 Savings. Art. 39 Power to make regulations.

Statutory Text (43 Articles)

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

PUBLIC REGISTRY

CHAPTER 56

PUBLIC REGISTRY ACT

To repeal and to re-enact with amendments the law relating to the Public

Registry.

12th May, 1927

ACT XII of 1927, as amended by Act IV of 1928; Ordinances: XXV of

1938, XL of 1939 and XXIV of 1940; Acts: XXIX of 1948 and VI of 1951;

Legal Notice 4 of 1963; and Acts: XXV of 1963, III and XXIII of 1967, III

of 1969, V of 1972, XI of 1973, VI of 1974, XXXV of 1979, XIII of 1983,

XVII of 1984, XII and XXXI of 1986; Legal Notice 71 of 1987; Act XXXVII

of 1988; Legal Notice 121 of 1993; Act III of 1994; Legal Notice 211 of

1997; Act IX of 2000; Legal Notices 262 of 2000, 290 of 2001, 7 and 390 of

2002, 353 of 2004, 408 of 2007 and 99 of 2008; Acts XXIV of 2011 and XV

of 2012; Legal Notices 426 of 2012 and 91 of 2015; and Acts XVI of 2015 ,

XLIII of 2018 and LXI and LXV of 2020 Incorporating also Articles 7(2), 8,

11 and 12 of, and Form annexed to Ordinance XIII of 1895.

1 .

The title of this Act is Public Registry Act.

Liġijiet ta' Malta — Kapitolu 56 — ATT DWAR IR-REĠISTRU PUBBLIKU

It-titolu ta’ dan hu l-Att dwar ir-Reġistru Pubbliku.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

TARIFF

(Article 3)

€

A. Privileges and hypothecs

1. For every note for registration or of renewal of

registration where the amount of debt -

(a) does not exceed €2,329.37 ..............................

2.60

(b) exceeds €2,329.37 but does not exceed

€46,587.47 .................................................................

25.65

(c) exceeds €46,587.47 ........................................

25.65

and in addition two euro and sixty cents (€2.60) in

respect of each €2,329.37 or part of €2,329.37 over

and above the initial €46,587.47

(d) where the amount of debt is not stated ............

2.60

For every note for registration where the debt is an

annuity or a pension, the fees laid down in the

foregoing scale shall be levied in the following

manner, namely

PUBLIC REGISTRY

(a) if the annuity is constituted in perpetuity or

for twenty years or more, or for an indefinite

period, the fee is to be assessed on the total

amount payable during the period of twenty

years;

(b) if the annuity is constituted for a definite

period under twenty years, the fee is to be

assessed on the total amount payable during

such period;

(c) if the annuity is constituted for the life or lives

of any person or persons, the fee is to be

assessed on the total amount payable during

the period of twelve years.

2. For every note relating to an assignment, a reduction,

or cancellation including the relative reference to be

entered in the registers ................................................

3.85

B. Enrolments

8. For every note for the enrolment of a public will, for

every note for the enrolment of the opening of a

secret will, and for every note containing a

declaration causa mortis .............................................

6.40

9. For every declaration to renounce an inheritance,

every note of renunciation made on the taking of

monastic vows, 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

power of attorney, notarial deed, judgment or decree

of a court, where the value involved is not

ascertainable ..............................................................

2.60

10. For every other note relating to any notarial deed,

judgment or decree of a court, where the value

involved is ascertainable -

(a) and does not exceed €2,329.38 .......................

2.60

(b) exceeds €2,329.38 but does not exceed

€46,587.47 ......................................................

25.65

(c) exceeds €46,587.47 ........................................

25.65

and in addition two euro and sixty cents (€2.60) in

respect of each €2,329.38 or part of €2,329.38 over

and above the initial €46,587.47

For every note for enrolment relating to an annuity or

a pension the fees laid down in the foregoing scale

shall be levied in the following manner, namely

(a) if the annuity is constituted in perpetuity, or

for twenty years or more, or for an indefinite

period, the fee is to be assessed on the total

amount payable during the period of twenty

years;

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(b) if the annuity is constituted for a definite

period under twenty years, the fee is to be

assessed on the total amount payable during

such period;

(c) if the annuity is constituted for life or lives of

any person or persons, the fee is to be

assessed on the total amount payable during

the period of twelve years.

11. For every reference to be entered in the registers .......

1.30

12. For every registration of an application of a European

Certificate of Succession or for the registration of a

European Certificate of Succession or for the

registration of a rectification, modification or

withdrawal of a European Certificate of Succession ..

C. Applications, Searches and Certificates

For every application for a search for entries against a

.

particular individual or c ompany (where the

particulars do not correspond, two or more

applications have to be submitted and shall be

deemed to have always been necessary), provided

that where the application is submitted by a

government department the application fee shall be

reduced by half ...........................................................

15.85

And, in addition, there shall be payable

(a) for every copy, irrespective of the number of

pages, of a note of preference, reference,

enrolment or other record forming part of the

search .............................................................

3.20

Provided that where the applicant,

(i) orders such copy through a remote site,

even when such record does not form part

of the search; or

(ii) accesses the remote site on the status of

his own applications for a search,

no extra charge shall be levied as is due for the copy

or search as the case may be;

(b) where as part of the search, instead of a full

copy of the note, only an indication thereof is

given, such as ''GPP'' for guarantee of

peaceful possession ''D/M'' for different

maternity, or similar note in lieu of the full

copy ................................................................

0.95

PUBLIC REGISTRY

When the application refers to the verification and

.

certification of non-computerised searches, in

addition to the minimum application fee mentioned in

paragraph C1 hereof, as well as in addition to the

charge mentioned in the same paragraph whenever a

particular note is not recorded in the searches

presented for verification and certification, a copy of

the missing note is provided with the result, including

the checking of notes of reference in respect of

particular notes of preference not forming part of an

official search application, a charge, per match, of

(a) for the first 99 matches ...................................

0.50

(b) where the number is 100 matches but does not

exceed 200 charge per match within this band

0.15

(c) where the number is 200 matches but does not

exceed 500 charge per match within this band

0.13

(d) where the number is 500 matches but does not

exceed 1000 charge per match within this

band ................................................................

0.10

(e) where the number is 1000 matches or over,

charge per match within this band ...................

0.08

Request to update an official search issued during the

.

ninety days prior to the request ...................................

4.15

For a special certificate (Public Registry Certificate)

.

of any entry issued as a true copy of any entry

following an ad hoc request in terms of article 30 of

the Act and not forming part of an official search .......

3.85

For every certificate relating to the wills made by any

.

particular person irrespective of the number of pages

(including the fee for the search)

(a) where an application does not require a search

in pre-1972 records .........................................

9.00

(b) in all other cases .............................................

12.85

Application to be registered as an agent .....................

.

12.85

When a person makes a special arrangement with the

.

Director whereby the latter is to provide him with

copies of all notes of preference to which such person

may be a party during the six months next following

such arrangement, for every informal copy

irrespective of the number of pages, so long as the

number of copies ordered are more than 50 ................

0.70

For accessing the electronic records from a remote

.

site, the charge per search carried out in accordance

with the parameters of Parts A or B of the Second

Schedule hereof, up to a maximum of fifty records at

any one time ...............................................................

13.20

PUBLIC REGISTRY

P r o v i d e d t h a t , i r r e s p e c t i v e of t h e n u m b e r o f

electronic records available, where the applicant

chooses to limit the access, the charge shall be, where

those records cover the latest -

(a) 30 days as currently available .........................

2.65

(b) 90 days as currently available .........................

5.30

(c) 120 days as currently available .......................

7.95

PUBLIC REGISTRY

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

There shall be a Public Registry Office in Malta and another

in Gozo for the registration of causes of preference among creditors

for the enrolment of acts requiring registration in order to have

effect in regard to third parties, and for all other registrations

required by law.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

FORMS

FORM A - NOTE FOR REGISTRATION

Amended by

XXIV. 1940.3.

[Articles 5, 32]

Substituted by

XXXV. 1979. 12.

Note for Registration.

of.....................

Progressive No. .................

REMARKS (for office use only)

CREDITOR

(Particulars of Creditor)

DEBTOR

(Particulars of Debtor)

CREDIT

(Particulars of Credit)

CAUSE OF PREFERENCE

(Hypothec, Privilege, Legal Hypothec, etc.)

This

day of

Director

Signature of person applying

for registration

Form annexed to

FORM B - NOTE OF REFERENCE

Ordinance XIII of

1895,

[A RTICLE 5(2)]

incorporated.

Substituted by

XXXV. 1979.12.

REFERENCE NO.

TITLE

(Hypothec No. is to be inserted

here)

Signature

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Each of the said offices shall be under the management

of an officer called Director of the Public Registry, hereinafter

referred to as the Director who shall also be the treasurer of the

Public Registry and shall receive on account of the Government the

fees leviable in accordance with the Tariff in the First Schedule

hereto.

(2) The Public Registry Office of Malta there shall also be

Assistant Directors who shall be so designated by the Director from

among the officers referred to in sub-article (1) of article 306 of the

Civil Code.

(3) Notwithstanding the provisions of article 306 of the Civil

Code, any reference made to the Director in articles 35 and 37 shall

not be construed as including a reference to any other officer

referred to in this article.

(4) Before entering upon the duties of their office, the officers

referred to in this article shall take before the Court of Appeal the

oath of allegiance set out in the Constitution of Malta, and the oath

of office as follows

‘I.......................................... promise and swear to observe

faithfully all the laws of Malta relating to my office and to perform

faithfully and with all honesty and exactness the duties of Director/

Assistant Director/Officer of /in the Public Registry to the best of

my knowledge and ability. So help me God.’

PUBLIC REGISTRY

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) In the office of Malta there shall be made all

registrations of causes of preference respecting debtors who, in the

respective notes, are described as ordinarily residing in the Island

of Malta, or as residing in any other country outside Malta, as well

as all registrations indiscriminately, relating to bottomry contracts,

and all enrolments relating to acts received by notaries residing in

the Island of Malta or relating to judgments or decrees delivered or

given by the courts of justice in the said Island of Malta.

(2) There shall also be made in the said office of Malta all

enrolments relating to acts received by notaries residing in the

Island of Gozo or Comino or relating to judgments or decrees

delivered or given by the courts of justice in the said Island of

Gozo, when such acts, judgments or decrees relate to immovables

situate in the Island of Malta.

(3) In the office of Gozo there shall only be made such

registrations of causes of preference respecting debtors, who, in the

respective notes, are described as ordinarily residing in the Island

of Gozo or Comino, and all enrolments relating to acts received by

notaries residing in the Island of Gozo or Comino, or relating to

judgments or decrees delivered or given by the courts of justice in

the Island of Gozo.

(4) There shall also be made in the said office of Gozo all

enrolments relating to acts received by notaries residing in the

Island of Malta or relating to judgments or decrees delivered or

given by the courts of justice in the said Island of Malta when such

acts, judgments or decrees relate to immovables situate in the

Island of Gozo or Comino.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The Director shall not receive any note for the

registration of any cause of preference among creditors, or any note

of reference or any note for the enrolment of an act unless such

note is drawn up according to law.

(2) Every note for the registration of any cause of preference

among creditors shall be drawn up according to Form A in the

Second Schedule hereto and any note of reference to the same shall

be drawn up according to Form B in the said Schedule.

(3) A note for the enrolment of an Act or for the registration of

a cause of preference and any note of reference to the same shall be

typewritten or printed in dark, clear, easily legible and indelible

characters, on paper authorized by the Director; and there shall be

deposited at the Public Registry, together with the note, a clear

copy thereof.

(4) No note, whether for registration or enrolment, shall

contain any figures or numbers which have not at least in the first

instance, been written out in words, and no correction shall be

made in any such note.

(5) The person who signs any note or copy referred to in this

article shall, next to his signature, print, stamp or write in clearly

legible letters, and in case of handwriting in block letters, his name

and surname, and his professional capacity or, in the appropriate

case, his capacity of creditor or debtor.

PUBLIC REGISTRY

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

When the particulars which, according to article 2042 of the

Civil Code must be stated in the note have not been stated for the

reasons specified in the said article, there shall be stated in the note

that such particulars are unknown

Provided that this shall be without prejudice to the provision

of the said article as to the insertion in the note of other individual

particulars capable of establishing the identity.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

In the designation of an immovable, the following rules

shall be observed

(a) in the case of an urban tenement, it shall be sufficient

to mention the town, suburb or village, and the street

in which it is situate, and the number with which it is

marked: if the tenement bears no number or is situate

in a street which has no name, the note must contain a

mention of such circumstance and an indication of the

boundaries on at least three sides;

(b) in the case of a rural tenement, it shall be sufficient to

mention the suburb, or village within the limits of

which it is situate, its denomination, if any, its

boundaries on at least three sides, and its approximate

area.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The note of enrolment shall contain the particulars of the

parties in accordance with article 2042 of the Civil Code, the date and

nature of the act, an indication of the thing to which the act refers as

provided in the last preceding article, together with an indication of the

value in the case of acts in which such value cam be determined

Provided that this shall be without prejudice to the provision of

the said article as to the insertion in the note of other individual

particulars capable of establishing the identity.

(2) In the case of a will, the note shall only contain the date and

nature of the act and the designation of the testator in accordance

with article 2042 of the Civil Code.

(3) In the case of any transfer under the provisions of the Land

Acquisition (Public Purposes) Ordinance the note for enrolment

shall be deemed to comply with the provisions of this article,

notwithstanding that the owner or any of the owners of the

immovables so transferred is designated as unknown or uncertain.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

Repealed by article 46 of Act XXXVII of 1988.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Director shall not receive any note which is signed

only by the person applying for registration or enrolment unless

such person and his signature are well known to him or unless he

has ascertained the identity of such person by means of a legally valid

identification document, or of a passport and the signature of such

person is made in the presence of the Director.

PUBLIC REGISTRY

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Any question as to the regularity of a note shall, on the

demand of the person applying for the registration or enrolment, be

determined by the Court of Revision of Notarial Acts, which shall

decide whether such note is drawn up according to law, or,

otherwise direct the manner in which it shall be drawn up.

(2) The Director shall receive and register any note which the

said court, having regard to the nature of the case and the

provisions of law, shall have declared to contain the prescribed

particulars notwithstanding that he had previously refused to

receive it on the ground of irregularity.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Office of the Public Registry in Malta and that in Gozo

shall be open for the presentation of notes of registration and

enrolment from Monday to Friday of every week during such hours

as the Minister responsible for the Public Registry may fix by

notice published in the Government Gazette

Provided that, when any such day happens to be a public

holiday as well as on Wednesday and Thursday in Holy Week, the

said Offices shall be kept closed.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) On every note received for registration or enrolment

the Director if satisfied of its regularity shall write a progressive

number and the date of its receipt, and shall sign his name thereto.

(2) The numbering of notes shall commence with the first and

end with the last note filed in each year.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Notes properly drawn up shall be registered in the

order in which they are presented.

(2) Nevertheless where any note is rejected by the Director as

irregular and such note is again presented to him in the form

prescribed by the decree directing its acceptance, it shall be

registered in the order of its fresh presentation without suspending

the registration of other notes received in the interval between the

rejection and the fresh presentation of the said note.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

Every note regularly drawn up must be registered within

eight months from the day of its receipt: but for all legal purposes,

it shall be deemed to have been registered on the day on which it

was received.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Registration or enrolment is effected by entering a

clear copy thereof in the register. The copy shall contain the

progressive number of the note and the date of receipt and shall be

signed by the Director.

(2) The register may be kept in several volumes, each of which

may be reserved for one or more kinds of entries.

(3) The Director shall, on the last page of each volume of the

register, make a declaration to the effect that the registrations

therein contained are true copies of the original notes.

(4) Such declaration shall be made, dated and signed by the

Director within eight months from the receipt of the last note

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entered in the volume.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The pages of every register kept under the provisions

of this Act shall be numbered consecutively.

(2) The last page of each volume shall contain a statement as to

the total number of its pages; such statement shall be signed by the

Director.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Every page of the registers kept under the provisions

of this Act shall be divided into columns.

(2) There shall be at least as many columns as are prescribed in

respect of the form of the notes for registration, and one or more

other columns for the entry therein of any assignment, reduction, or

cancellation, or of any reference to other entries, or of such other

annotations as may be necessary.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

Repealed by article 4 of Act XVII of 1984.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The correction of any entry may be made by

transcribing the entry with the same number and date in another

part of the register; in which case a reference to the second entry

shall be made in the first entry, and in the second entry an

annotation shall be made to the effect that such entry is merely a

correction of the first entry.

(2)

The annotation shall be dated and signed by the Director.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Where it is found necessary to correct an error in the

transcription of any entry, the Director shall make the correction by

means of a note in the margin of such entry and any cancellation

shall be so made as to leave the words cancelled clearly legible.

(2)

Such correction shall be dated and signed by the Director.

(3)

It shall not be lawful to make any erasure.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The provisions of articles 20 and 21 shall not apply to

notes presented after the 1st January, 1980.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The registers and the notes received but not yet registered

shall be open to inspection by any person.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) A general index of all registrations of causes of

preference among creditors entered between the 1st January and the

3lst December both inclusive, of every year, shall be made

annually, as well as a similar general index of all enrolments, made

during the said year.

(2) The general index of enrolments shall contain a list of the

notes referred to in article 8(3); such notes shall also be entered in

the said index under the name of the town, suburb or village within

the limits of which the immovable expropriated is situate.

PUBLIC REGISTRY

(3) The Director shall, in addition to the general indexes

mentioned in sub-articles (1) and (2), keep such other books,

registers and indexes and make such entries therein, as may be

necessary to record, indicate and make traceable the connection

between the previous name or surname of any person, and the new

name or surname assumed by such person in virtue of any of the

provisions of article 253(2) or of article 92(4) and (5) of the Civil

Code, or where in virtue of any other provision of the said Code,

the name or surname of a person is changed, other than by marriage

or adoption, in such a way that any cause of preference or any

enrolment relative to that person would not be immediately

traceable in the general indexes aforementioned.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The Director of the Gozo office shall transmit to the

Director of the Malta office, during the first and the third week of

every month, a list containing the names of the debtors against

whom registrations shall have been entered in the Gozo office during

the preceding fortnight and another list of the enrolments made in

the same office.

(2) The said lists shall be open to inspection in the same

manner as the registers.

(3) The Director of the Gozo office shall also transmit to the

Director of the Malta office, in the month of January of every year, a

copy of the index of registrations and enrolments made in that

office in the preceding year as provided in article 24.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The Director is bound to give to any person applying

for the same, a certificate of all the registrations of causes of

preference entered in the register against any individual, or of the

enrolments of deeds to which such individual was a party.This

certificate may also be given in digital form and electronically signed

as defined in Regulation (EU) No. 910/2014 of the European

Parliament and of the Council of 23 July 2014 on electronic

identification and trust services for electronic transactions in the

internal market and repealing Directive 1999/93/EC.

(2) The application for such certificate must be made in writing

and must contain an indication of the name, surname, name of the

parents, and place of birth of the said individual, and, in the case

where the individual is married, the name and surname of the spouse

and the date of her marriage.

(3) Such application must be signed by the applicant, or by an

advocate, notary or legal procurator.

(4) Where the father is unknown, such circumstance shall be

stated in the application.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The certificate referred to in the last preceding article

shall contain -

(a) a recital of the application with the particulars of the

individual to whom such application refers;

(b) a copy of every entry concerning any person in respect

of whom the particulars as to name, surname, name of

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parents, place of birth, and name of spouse (if any)

correspond to those of the individual described in the

application; and

(c) where an express request is made in the application, a

copy of any note referred to in article 8(3) relating to

any immovables specified in the application and

therein designated by the particulars mentioned in

article 7.

(2) If no entry relating to the individual or the immovables

referred to in the application exists, the certificate shall contain a

declaration to that effect.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) Whenever a search either of the liabilities or of the

transfers of property of any person is required to be made in the

Public Registry, the officer in charge shall at the request of the

applicant deliver a list, signed by the Director of the Public

Registry or by any officer acting as such, and countersigned by the

o ff i c e r w h o s h a l l h a v e c o m p i l e d s u c h l i s t , c o n t a i n i n g t h e

progressive number of every entry relating to the person in respect

of whom the search is made, entered in the Public Registry during

the period for which such search is required.

(2) The said list shall also contain, if an express request to that

effect is made in the application for the search, the progressive

number of any of the notes referred to in article 8(3), relating to any

immovable specified in the application and therein designated by

the particulars mentioned in article 7.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The Director of the Malta Office shall mention,

separately, in the certificates given out by him under the provisions of

the foregoing articles, the entries made in the Gozo Office, in so far as

they result from the index or the lists transmitted to him as

aforesaid, stating further the date of the list last received by him.

(2) The Director of the Gozo Office shall in all cases include in

his certificate a statement as to the possibility of the existence of

entries in the Malta Office under the name of the individual designated

in the application.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Director is also bound to give to any person applying

therefor a special certificate of any entry, containing a copy of the

entry itself. Any such certificate shall not contain more than one

entry.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Director of the Public Registry, when required to give

any general or special certificate of registrations against any

person, shall not take into consideration such registrations as, being

subject to renewal, have not been renewed and from the date of

which thirty years shall have elapsed.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Director of the Public Registry shall not receive any

note of renewal unless it is made in accordance with Form A in the

Second Schedule hereto together with the following declaration at

the end of the note of renewal

" I d e c l a re t h a t I i n t e n d t o re n e w n o t e o f re g i s t r a t i o n

PUBLIC REGISTRY

number.................... entered in the Public Registry on .................”.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Director of the Public Registry shall keep a register for

the renewals of registrations and another register for the legal

hypothecs in favour of wives and of persons under tutorship or

curatorship.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The provisions relating to original registrations and the

relative registers, shall so far as applicable apply to the renewal of

registrations and to the registers mentioned in the last preceding

article.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) In the Public Registry Office in Malta and in Gozo,

there shall be kept two register books: one for the registration of

applications of the European Certificate of Succession, and another

for the registration of European Certificate of Succession which

have been issued by the competent issuing authorities.

(2) In both cases the registration shall be made in the name of

the deceased person whose succession is being determined by

means of the European Certificate of Succession.

(3) The Director of the Public Registry shall cause an index of

the register books for the registration of the applications of the

European Certificate of Succession and for the registration of

European Certificate of Succession, to be made and kept in the

Public Registry Office in Malta and in Gozo; and every person

shall be entitled to search that index, and to have a copy of any

entry which is found in the said register books.

(4) The copy of any entry obtained from the register books

mentioned in this article serves only for information purposes and

shall not in any way whatsoever substitute the certified copy of the

European Certificate of Succession issued by the competent issuing

authorities.

(5) For the purposes of this article the European Certificate of

Succession refers to the meaning as is assigned to it in the

European Parliament and Council Regulation (EU) No. 650 of

2012.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

The Director shall be liable for damages and interest

arising from -

(a) his omission to register any note received by him or

his ante-dating or post-dating any such note;

(b) his omission or inaccurate registration of any of the

particulars contained in the note respecting the

designation of the debtor, or assignee, or of the amount

due or assigned;

(c) his omission in any of the certificates or lists

mentioned in articles 26 and 28, of any existing entry,

unless such omission is due to insufficient indications

for which the Director cannot be held responsible;

(d) his omission to mention in any of the said certificates

PUBLIC REGISTRY

relating to registrations of causes of preference, any

assignments duly entered in the registers.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The retired Judge or retired Magistrate or retired

advocate of the Court of Revision shall inspect the registers twice in

each year.

(2) The first inspection shall take place within the six months

reckoned from the first day of May and the second within the six

months reckoned from the first day of November.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

During the said inspections, the retired Judge or retired

Magistrate or retired advocate shall examine whether the officers

referred to in article 3 have complied with the provisions of this

Act and of any other law and may, for every contravention, inflict

upon the officer responsible, a fine (ammenda) not exceeding

eleven euro and sixty-five cents (11.65)

Provided that where the contravention consists in the

omission of anything which is required to be done under this Act or

under any other law and it is not possible for the court to ascertain

who was responsible for such omission, the contravention shall be

deemed to have been committed by the Director and the

punishment shall be inflicted accordingly.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) This Act shall not affect the provisions of the

Merchant Shipping Act with respect to the registration of debts

affecting ships in accordance with the provisions of the said Act.

(2) Every custom contrary to or inconsistent with the

provisions of this Act, is repealed.

Laws of Malta — Chapter 56 — PUBLIC REGISTRY ACT

(1) The Minister responsible for the Public Registry 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 notes of any

original notes for the registration of any cause of

preference among creditors, or of any note of reference

or of any note of enrolment where the original note has

been lost, destroyed or damaged, and for the

substitution by a new register of any register lost,

destroyed or damaged;

(b) prescribe the mode in which such duplicate notes, and

new registers shall be prepared and authenticated;

(c) prescribe that notes for the registration of any cause of

preference among creditors, notes of reference, and

notes of enrolment and the relative registers and

indexes be reproduced by microfilming, 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 copies thereof may be authenticated;

(e) provide for the computerisation, including storage, of

PUBLIC REGISTRY

information taken from any records which are kept in

accordance with the provisions of this Act, and for the

production of documents containing statements of

such information and the authentication of such

documents;

(f) prescribe the form of any certificate issued by the

Director in terms of articles 26 and 30 and the form of

the relative application for the issue of such

certificates;

(g) prescribe the form of the application for the issuing of

lists in terms of article 28 and the form of such lists;

(h) prescribe the fees and other charges to be levied and

paid in respect of anything done under the provisions

of this Act;

(i) amend, make additions to or substitute the Schedules

to this Act; and

(j) provide for any matter incidental or supplementary to

any of the foregoing provisions.

(2) The provisions of any regulations made under this article

shall, so far as applicable, apply to renewals of registrations and to

legal hypothecs.

(3) Any duplicate note or new register made in accordance with

regulations made under sub-article (1), shall for all intents and

purposes, replace the original note or register.

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