Acts of Deceased Notaries Regulations, 2005

L.N. 303 of 2005

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT

(CAP. 55)

Acts of Deceased Notaries Regulations, 2005

IN exercise of the powers conferred by article 40 of the Notarial

Profession and Notarial Archives Act, the Deputy Prime Minister and

Minister for Justice and Home Affairs has made the following

regulations>–

(1) The title of these regulations is Acts of Deceased Notaries Citation and

commencement.

Regulations, 2005.

(2) These regulations shall come into force on the 1 st

September, 2005.

Where, on the demise of a Notary it results that certain acts Acts not in

conformity

received by him, and which have been duly signed by the parties, are with article 40.

not in conformity with the provisions of article 40 of the Notarial

Profession and Notarial Archives Act, the following provisions of these

regulations shall have effect.

Where, the acts mentioned in regulation 2 hereof have been Acts duly enrolled

duly enrolled in the Public Registry, such note of enrolment shall serve in

Registry.

to determine the date of the act, where this is missing or incomplete,

and the date indicated in such enrolment shall be deemed to be the date

of publication.

Where the original act has not been signed by the Notary or Where Notary’s

signature is missing.

such signature is incomplete, the signature of the Notary on the note of

enrolment shall be considered sufficient to signify that such act was

published by the Notary who signed the note of enrolment, and where

there is no mention of place of publication of the deed, it shall be

presumed to have been published in the principal office of the Notary.

Where the note of enrolment contains details which have been Lacunae in original

omitted in the original act and appear as lacunae in such act, these details act.

shall be considered as forming part of the said act.

Where the declaration that the Notary has explained the Where declaration

of explanation of

contents of the deed to the parties is missing, it shall be presumed that contents is missing.

such explanation has been made by the Notary.

Where the declaration mentioned in article 28(1)(k)(v) of the

Notarial Profession and Notarial Archives Act, relating to the

incapability of a party to sign the deed, has been omitted, the signature

of the witnesses shall suffice.

Where all the conditions of these regulations have been met,

then the original deed shall be presumed to have been valid for all intents

and purposes of the law.

The Notary Keeper of the deceased Notary shall make a

make marginal note.

marginal note on each act not in conformity with article 40 of the Notarial

Profession and Notarial Archives Act, as hereinbefore stated, declaring

that such act has been ratified by means of these regulations>

Provided that in the absence of a Notary Keeper such declaration

shall be made by the Chief Notary to Government.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press