Schedule) Regulations, 2023

L.N. 121 of 2023

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT

(CAP. 55)

Notarial Profession and Notarial Archives Act (Substitution of

Schedule) Regulations, 2023

IN EXERCISE OF the powers conferred by article 146(2) of the

Notarial Profession and Notarial Archives Act, the Minister

responsible for notarial affairs has made the following regulations

(1) The title of these regulations is the Notarial

commencement.

Profession and Notarial Archives Act (Substitution of Schedule)

Regulations, 2023, 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 be deemed to have come into force

on the 1st of January 2023.

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, 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

………………......………………………………….. 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

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

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 marriage contract, or cessation of the

community of acquests,

…………………………………………………….from

………………………………………………………. to

Act of Personal Separation, Act of Cohabitation and

Act of Civil Union,

……………...........................................................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

Nomination to a particular benefice or donation of the

right of advowson, irrespective of the number of patrons

taking part on the act,

………………………………….....……………....from

………………………………………………………..to

Act of partnership where the value is indeterminable,

…………………………………………...........…..from

……………………………...............................……..to

Act of 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 exceeding

€10,000

……………………..…………………..............…from

…………...............…………………………………..to

For any amount exceeding €10,000,

……………...………………………………….….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, 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

"Act of notoriety",

……………………………………………………from

……………………………...............………………..to

Enrolment of documents (in addition to the fees in

respect of the annexes)

………………………...…………………………..from

…………………………………….......................…..to

Certificate of 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 otherwise.

For the drawing up of a declaration to be confirmed 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 signatures or marks,

…………………………...................................….from

………………………………………………………..to

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 signatures or cross-marks affixed

on any document containing any act or agreement of any

indeterminable value,

………………………….……...………………….from

………………………………………………………..to

II.

Fees according to the Value

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

For any additional sum not exceeding €584,700

For any additional sum over €584,700

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

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

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.

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

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.

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 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.

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.

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.

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.

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.

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.

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%).

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 in accordance with Tariff E of the Schedule 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

in accordance with Tariff E of the Schedule 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 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.

VI. Accessory Charges

(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.

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.

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.

VII. General Provisions

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.

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

(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.

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.

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.

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.

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.".

€1.17