Electronic Register (Termination of Mandates) Regulations, 2016

L.N. 404 of 2016

CIVIL CODE

(CAP. 16)

Electronic Register (Termination of Mandates) Regulations, 2016

IN exercise of the powers conferred by article 1886(1)(e) of the

Civil Code, the Minister for Justice, Culture and Local Government

has made the following regulations

(1)

The title of these regulations is the Electronic

Register (Termination of Mandates) Regulations, 2016.

(2) These regulations shall come into force on such date as the

Minister responsible for Justice may by notice in the Gazette appoint.

(Regulation 3)

FORM RPG

APPLICATION FOR THE TERMINATION OF MANDATES OF A GENERAL

NATURE BETWEEN PHYSICAL PERSONS

(in terms of Article 1886(1) of the Civil Code, Cap. 16 of the Laws of Malta)

Details of Applicant

Name: ..............................................................................................................

Surname: .........................................................................................................

Identity Card Number: ....................................................................................

I, the undersigned, am terminating with effect from the date of acceptance of

such application, any general power of attorney entered into with other

persons. I am attaching a copy of my Identity Card with this application.

Signature of Applicant

The Chief Notary to Government confirms receipt of this application from

the applicant at the Office of the Notary to Government today ........................

at ................................... .

Fee: €50

Signature and rubber stamp of Notary to Government

Data Protection Statement - All personal data provided on this form is protected, and used in

accordance with the Data Protection Act .

FORM RPS

APPLICATION FOR THE TERMINATION OF MANDATES OF A SPECIAL

NATURE REGARDING TRANSFER OF IMMOVABLE PROPERTY ONLY

(in terms of Article 1886 (1) of the Civil Code, Cap. 16 of the Laws of Malta)

Details of Applicant

Name: ..............................................................................................................

Surname: .........................................................................................................

Identity Card Number: ....................................................................................

I, the undersigned, am terminating with effect from the date of acceptance of

such application

(1) Any special power of attorney entered into with other persons  or

(2) A special power of attorney entered into with other persons, a copy of

which is being attached with this application 

Documents which need to be submitted

I am attaching

a copy of my identity card with this application 

(a)

Applicable only if paragraph 2 above is marked

(b) a copy of the special power of attorney (applicable only according to

paragraph 2 above) 

Signature of Applicant

The Chief Notary to Government confirms receipt of this application from

the applicant at the Office of the Notary to Government today ........................

at ............................ .

Fee: €50

Signature and rubber stamp of Notary to Government

Data Protection Statement - All personal data provided on this form is protected, and used in

accordance with the Data Protection Act .

€0.45

The Chief Notary to Government shall maintain an

electronic database which shall contain an electronic register with

regards to applications submitted for the termination of special

mandates on immovable property or general mandates between

physical persons.

(1)

The termination of special mandates on immovable

property between physical persons and the termination of general

mandates given between physical persons shall be notified by the

mandatory or by any person having an interest in the mandate to the

Chief Notary to Government.

(2) The notification shall be made by submitting one of the

application forms found in the Schedule

Provided that all application forms submitted, including

application forms submitted electronically, shall be processed by the

Chief Notary to Government on working days until three in the

afternoon (3.00 p.m.) and the electronic register shall be updated

electronically every working day.

(3) A fee of fifty euro (€50) shall be charged by the Chief

Notary to Government for every application submitted.

(4) The termination notified to the Chief Notary to

Government shall be entered in the electronic register on the same

day when the notification is made.

(5) Notaries Public and banks shall be deemed to be notified

with the termination of the mandates referred to in sub-article (1)

upon the entry of the termination in the online register.

(6) No action for damages shall lie against the Chief Notary to

Government for failure to comply with any of the provisions of these

regulations except on the basis of wilful acts done in bad faith or of

gross negligence.

(1)

The register referred to in regulation 2 shall contain Information

contained in the

the following information

electronic

register.

(a)

the name, surname and identity card number of the

mandator; and

(b)

the date and time when the application for the

termination of the general mandate or the special mandate on

immovable property was submitted to the Office of the Notary

to Government.

(2) A search in the electronic register may be effected by

inserting the name and surname of a physical person or by inserting

an identity card number. The search can also be made by effective

date.

The electronic register shall be accessible online to the Accessibility to

the electronic

public.

register.