Notarial Profession and Notarial Archives Act

L.N. 356 of 2012

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT

(CAP. 55)

Notarial Profession and Notarial Archives Act

(Schedule) (Substitution) Regulations, 2012

IN exercise of the powers conferred by article 146(2) of the

Notarial Profession and Notarial Archives Act, the Minister for Fair

Competition, Small Business and Consumers has made the following

regulations:-

(1) The title of these regulations is the Notarial

Profession and Notarial Archives Act (Schedule) (Substitution)

Regulations, 2012, and these regulations shall be read and construed

as one with the Schedule to the Notarial Profession and Notarial

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

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

November, 2012, except paragraph 40 of the Schedule, which shall

come into force on such a date as the Minister for Fair Competition,

Small Business and Consumers may by notice in the Gazette

establish.

The Schedule shall be substituted by the following new

schedule

"SCHEDULE

Articles 81(3), 101(1), 104(1) and 146(1)

TARIFF RELATING TO THE NOTARIAL PROFESSION AND

NOTARIAL ARCHIVES

PART I

FEES AND ACCESSORY CHARGES PAYABLE TO NOTARIES

1. The notary shall, in respect of acts received or authenticated by him,

and of other professional services, be entitled to the fees and accessory charges and

the reimbursement of expenses as hereunder

(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 remaining

unexecuted;

(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 title conducted by the notary at the request

of any person, or where so required by law;

(g) accessory charges and reimbursement of expenses.

I. Fixed Fees

2. Public Wills

For dispositions containing the institution of heir and customary

dispositions, at the discretion of the notary having regard to the

circumstances of the testator and the complexity of the testamentary

dispositions, ........................................................................................... from

................................................................................................................ to

in addition to the following fees charged on the basis of its value

For every legacy; or 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 regard to the circumstances of the testator and the complexity of the

dispositions ............................................................................................ from

................................................................................................................ to

Secret Wills

For the drawing up of a secret will by the notary, the fees shall be the same

as those specified in paragraph 2 in respect of Public Wills.

For the act of delivery of a secret will, .................................................. from

................................................................................................................ to

For the publication of a secret will, ....................................................... from

................................................................................................................ to

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

Act of emancipation or acknowledgment of a child.

For each person emancipated or acknowledged, ................................... from

................................................................................................................ to

Marriage contract, variation or counter-declaration in connection with a

marriage contract, or cessation of the community of acquests, ............. from

................................................................................................................ to

Act of personal separation, .................................................................... from

................................................................................................................ to

Donation, compromise, community or partition of movable or immovables

where value is indeterminable, .............................................................. from

................................................................................................................ to

Deposit of movable things of an indeterminable value, receiving back same

from the depository, .............................................................................. from

................................................................................................................ to

Presentation to a particular benefice or donation of the right of advowson,

whatever the number of patrons taking part in the act, .......................... from

................................................................................................................ to

11. (deleted)

Partnership where the value is indeterminable, ..................................... from

................................................................................................................ to

Acknowledgement of the grantee in any emphyteutical or subemphyteutical

grant, ...................................................................................................... from

................................................................................................................ to

Protest of bill of exchange

For any amount up to €1000, ................................................................. from

................................................................................................................ to

For any amount exceeding €1000 but not €10000, ................................ from

................................................................................................................ to

For any amount exceeding €10000, ....................................................... from

................................................................................................................ to

Appointment of arbitrators, saving the provisions of the Arbitration Act

(Cap. 387), ............................................................................................. from

................................................................................................................ to

Act of ratification, correction, validation or convalidation, where the value

is indeterminable, unless the fee exceeds the fee which was due for the

original act, in which case the fee shall be reduced to such a figure, ..... from

................................................................................................................ to

“Act of notoriety”, ................................................................................. from

................................................................................................................ to

Enrolment of documents (in addition to the fees in respect of the annexes)

................................................................................................................ from

................................................................................................................ to

19. (deleted)

Certificate in proof of life or existence of a person, .............................. from

................................................................................................................ to

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

indeterminable.

For the drawing up of a declaration to be verified on oath, ................... from

................................................................................................................ to

For every jurat and administration of the oath, ...................................... from

................................................................................................................ to

Act of consent, ....................................................................................... from

................................................................................................................ to

For the drawing up of a power of attorney, including any necessary

authentication of signature or marks, .................................................... from

................................................................................................................ to

26.. (deleted)

Act of discharge in general terms, where the value is indeterminable, .. from

................................................................................................................ to

For every other act where the value is indeterminable, ......................... from

................................................................................................................ to

For authentication of signature or cross-marks affixed on any document

containing any act or agreement of any indeterminable value, ............. from

................................................................................................................ to

II. Fees Proportionate to the Value

For any 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 €10,000

For any additional sum not exceeding €500,000

For any additional sum over €500,000

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: provided that in the case of a temporary emphyteusis or sub-

emphyteusis, such fee will be reduced by one-half where the period for

which the emphyteusis or sub-emphyteusis is being granted or extended

does not exceed thirty 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

................................................................................................................ to

Unless a higher fee is due on its price or value, for any act of transfer of any

grave, site or space in a cemetery excluding what has just been mentioned

in the preceding disposition, .................................................................. from

................................................................................................................ to

The fees specified in paragraph 30 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 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 3%, or on the value of the consideration 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, but so that in no case

shall the fee be of less than .............................................................................

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 works or locatio operis, on the price of the works

reduced to one-third, but so that in no case shall the fee be of less than .........

Any act of liquidation or inventory, on the value of the mass without

deduction of the debts. In any such case, however, the fee shall be reduced

to one-half, but so that in no case shall the fee be of less than .......................

Any act of letting and hiring, on the total amount of rent payable (ignoring

any increase according to the rate of inflation, percentage increase or any

other form of increase), reduced by one-half or, at the notary’s discretion,

the equivalent of one month’s rent in the first year, but in no case shall the

fee be less than ...............................................................................................

Any act of pledge or antichresis, on the amount of the debt secured by the

pledge or antichresis reduced by one-half but so that in no case shall the fee

be of less than .................................................................................................

Any act of deposit of any sum, stock, or other things or of delivery of same,

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

but shall in no case be of less than ..................................................................

Where any matter referred to in paragraphs 30 and 31 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 but it shall not be less than ...........................................

III. Fees for Acts or Private Writings prepared at the request of the parties and remaining

unexecuted or unsigned

For any act or private writing prepared by the notary at the request of the

parties and remaining unexecuted or unsigned 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.

IV. Fees for Copies, Extracts, Declarations, Searches, Translations, Inspections, Reading

and Collation of Acts

For copies and extracts legalised by the notary, there shall be charged a fee

of from one euro (€1) to two euro (€2) for every page.

If they are not legalized, a fee of from fifty cents (€0.50) to one euro (€1)

for every page shall be charged.

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 (€1) to two euro (€2)

for every page or part thereof.

For any certificate attesting any translation in terms of article 2(2)(h) of the

Act, there shall be charged a fee of fifteen euro (€15) in addition to the fee

of from ten euro (€10) to twenty euro (€20) for every page of about one

hundred words to be translated.

36A.For any declaration in terms of the proviso to article 68(2) of the Act, there

shall be charged a fee of twenty five euro (€25) in addition to a fee of from

two euro and fifty cents (€2.50) to five euro (€5) per page.

For a search of an act where only the year in which it was received is

indicated, a fee of from two euro and fifty cents (€2.50) to five euro (€5)

shall be payable to the notary; where the search extends over two or more

years, a fee of from one euro and fifty cents (€1.50) to two euro fifty cents

(€2.50) for every year to which the search extends.

For the inspection and reading of an act, a fee of from two euro and fifty

cents (€2.50) to five euro (€5) shall be due.

If the act, is read over 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 same 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.

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 fron ten euro (€10) to twenty euro (€20) 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 the

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 30% to 50%.

V. Fees for other services rendered by a Notary at the request of the parties or in

pursuance of an order of any Judicial Authority

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 under Tariff E in the Schedule annexed to the Code of

Organization and Civil Procedure.

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

under Tariff E in the Schedule annexed to the Code of Organization and

Civil Procedure.

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 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.

VI. Accessory Charges

(a)

Where for the performance of his functions 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) hereof

(i) if he has to travel between two islands, there shall be a fee of

sixty euro (€60) together with the fee in respect of the service

given; or

(ii) if his attendance is required between 10 pm and 7 am, 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 court of justice for the purpose of filing any note,

application or act.

For the registration of acts and annexes as provided in article 58 of the Act,

the notary shall be entitled to a fee of one euro (€1) for every page.

For the drawing up of any note of enrolment of a public will, of the

opening of a secret will, 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 not otherwise provision in

this Tariff, the notary shall be entitled to a fee of from two euro and fifty

cents (€2.50) to five euro (€5).

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 fifty cents (€2.50) to five euro (€5).

For the drawing up of any note of total cancellation, the notary shall be

entitled to a fee of from one euro (€1) to two euro (€2).

For the drawing up of any note of enrolment of any act, where 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 terms of 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 terms

of 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, a fee of from two euro and fifty cents (€2.50) to

five euro (€5) shall be due to the notary.

For submission in terms of articles 47(2) or 47(3) of the Act to the Archivist

or to a notary or notary keeper of a copy of the note filed in terms of article

50 or, if the act is not so registerable, a copy of an act of rescission,

cancellation, variation, validation, convalidation, or of a notarial corrective

act or subsequent corrective act, a fee of from five euro (€5) to ten euro

(€10) shall be due to the notary submitting such document.

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 terms of article 47(4) of the Act to an act of rescission,

cancellation, variation, validation, convalidation or to 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.

VII. General Provisions

In any case not expressly provided for in the foregoing provisions of this

Tariff, the fee payable shall be assessed by analogy to other cases expressly

mentioned in those provisions.

The fees chargeable under this Tariff shall not be subject to rebate by

reason of the acts not having been drawn up by the notary by whom they are

received or of their being drawn up on printed forms.

The Minister shall, at the end of every ten-year period from the coming

into force of this Part of this Schedule, revise the provisions of the said Part,

on the basis of the cost-of-living index for the parrticular period of ten years

and shall, before implementing such revision, be bound to seek the views of

the Notarial Council regarding such implementation.

PART II

FEES PAYABLE IN THE NOTARIAL ARCHIVES

For any 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; sohowever that informal photocopies of any

such acts which are requested by persons who are making researches

for a purely historical, literary or scientific purpose and who are

authorised as such in virtue of item 49 hereof, shall be charged at the

reduced rate of twelve cents (€0.12) per page, up to a maximum of

three hundred pages of copies in any one year.

(ii) For any informal copy, to be executed in handwritten or type-written

form whenever this is deemed possible by the Archivist, of any

notarial act or part thereof deposited in the Archives, there shall be

charged a fee of one euro and sixteen cents (€1.16) per page of about

one hundred words.

(iii) Where any such photocopies or copies are to be authenticated by the

Archivist, the fee payable shall be increased by forty-seven cents

(€0.47) per page in all cases; provided that where any copies to be

authenticated are prepared by third parties, the fee to be charged for

their authentication shall be one euro sixteen cents (€1.16) per page of

about one hundred words.

(iv) Where in the preparation of type-written or handwritten copies,

experts are needed for the transcription and/or deciphering of the

origina1 document, the fees payable to such experts shall be charged

in addition to the fees abovementioned.

(i)

Għal kull kopja informi ta’ atti nutarili jew parti minnhom li jkunu

depożitati fl-Arkivji, jitħallas dritt ta’ sebgħin ċenteżmu (€0.70) għal

kull paġna; b’dan illi għal fotokopji informi ta’ atti bħal dawk li jkunu

meħtieġa minn min ikun qiegħed jagħmel riċerka għal skop għal

kollox storiku, letterarju, jew xjentifiku u minn min ikun awtorizzat

għaldaqshekk bis-saħħa tal-paragrafu 49 ta’ din l-Iskeda, għandu

jitħallas dritt bir-rata mnaqqsa ta’ tnax-il ċenteżmu (€0.12) għal kull

paġna, sa massimu ta’ tlett mitt paġna kopji għal kull sena li tkun.

(ii) Għal kull kopja informi, li tiġi esegwita f’għamla miktuba bl-id jew

bit-typewriter meta dan jitqies li jkun possibbli mill-arkivist, ta’ atti

nutarili jew parti minnhom li jkunu depożitati fl-Arkivji, jitħallas dritt

ta’ euro u sittax-il ċenteżmu (€1.16) għal kull paġna ta’ madwar mitt

kelma.

(iii) Meta dawk il-fotokopji jew kopji ikollhom jiġu awtentikati mill-

Arkivist, id-dritt li jitħallas jiżdied b’sebgħa u erbgħin ċenteżmu

(€0.47) għal kull paġna fil-każijiet kollha; iżda meta dawk il-kopji li

jkollhom jiġu awtentikati jiġu mħejjija minn terzi, id-dritt li jitħallas

għall-awtentikazzjoni tagħhom ikun ta’ euro u sittax-il ċenteżmu

(€1.16) għal kull paġna ta’ madwar mitt kelma.

(iv) Meta fit-tħejjija ta’ kopji miktuba bl-id jew bit-typewriter, ikunu

jenħtieġu esperti sabiex id-dokument oriġinali jiġi traskritt u/jew

deċifrat, id-drittijiet li jitħallsu lil dawk l-esperti jitħallsu b’żieda mad-

drittijiet imsemmija qabel.

For the inspection or perusal of any notarial act kept in the Archives a fee of

fifty-eight cents (€0.58) shall be charged, whereof forty-seven cents (€0.47)

shall be kept by the Archives and the balance 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 a

copy or extract thereof or therefrom. 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) for every half-hour or part thereof

so occupied, shall be charged.

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.

For the search of any act whereof the Archivist is Keeper, a fee of twenty-

three cents (€0.23) shall be payable to the Archivist in respect of each year

to which the search extends.

No fee shall be charged for the inspection or reading of any act or for any

search made for a purely historical, literary or scientific purpose.

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. ".