PUBLIC REGISTRY (INSPECTION AND SEARCHES) REGULATIONS (inspectionandsearches)

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

SUBSIDIARY LEGISLATION 56.03

PUBLIC REGISTRY (INSPECTION AND

SEARCHES) REGULATIONS

31st March, 2010

LEGAL NOTICE 278 of 2010 as amended by XXIII of 2017 and LXV of

2020 .

The title of these regulations is the Public Registry

(Inspection and Searches) Regulations.

(Regulation 4)

REQUESTS

Name, surname, ID card number

Employment No. (in the case of an agent)

Why inspection is required

VAT number

Date of request

(FOR OFFICE USE)

Request accord

Fee paid

Permit Issued on

Valid up to

In these regulations, unless the context otherwise requires -

"the Act" means the Public Registry Act;

"agent" means any person in the regular employment of a notary

public or a representative of a Government Department, nominated

for the purposes of these regulations;

"applicant" means any person applying to inspect or to seek

information from the records;

"the Director" means the relevant Director appointed in virtue of

article 3 of the Act;

"official search" includes an application for, or a certificate

issued, in terms of these regulations and in terms of articles 26 and

28 of the Act, as well as the verification of any other searches

issued;

"regular client" means that person who, or organization which,

carries out regular business in terms of these regulations and is

assigned an Applicant Code for the purpose of the Second

Schedule;

"records" includes indexes, notes, order books, lists, and

registers, whether original or not and whether hand written, typed,

microfilmed or reproduced by any other mechanical means or in

computer format;

"researcher" means a person holding a warrant to exercise the

notarial profession in terms of the Notarial Profession and Notarial

Archives Act, a person holding the warrant of advocate or legal

procurator in t erms of the Code of Organization a nd Civil

Procedure, an agent, as well as any person carrying out research for

cultural, historical or educational purposes approved by the

Director;

"updating" means the bringing up to date of an official search

issued up to ninety days prior to the submission of the request for

its updating;

"verification" means the checking and certification of any

searches and includes the checking and certification of notes of

reference in respect of particular notes of preference not forming

part of an official search application.

Amended by

LXV.2020.40.

(Regulation 5)

A.

(Transfers/Liabilities) - Firms

Searches re Firms

Company Name*

Company Number

Group Number (1)

Remarks (2)

Applicant Name *

Applicant Code (3)

From

To

Liabilities

Transfers

Ground-rent redemptions

*Indicates that information must be submitted

Applicable where applicant wishes to group a number of searches together.

(1)

When applicant requests that search is to be limited “re property”. In such a case,

(2)

the provisions of regulation 6(4) apply.

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

When application is not submitted by a regular client, the Applicant Code need not

(3)

be included.

B.

(Transfers/Liabilities) - Individuals

Searches re Individuals

Surname*

Name*

Husband (1)

Father* (1) )

Mother*

Place of Birth*

Group Number (2)

Remarks (3)

Applicant Name *

Applicant Code (4)

From

To

Liabilities

Transfers

Ground-rent redemptions

* Indicates that information must be submitted

Husband’s name must be stated when search refers to a married woman, in which

(1)

case, her maiden surname should also be indicated. Likewise, Father’s name must, in

this case, include the surname.

Applicable where applicant wishes to group a number of searches together.

(2)

(3) When applicant requests that search is to be limited “re property” or different

maternity excluded, in so far as such exclusion is involved. In such a case, the

provisions of regulation 6(4) apply.

When application is not submitted by a regular client, the Applicant Code need not

(4)

be included but enough information is to be inputted in order to identify the

applicant.

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

BA. Schedule for individuals who have contracted marriage

Added by

XXIII.2017.105.

after the coming into force of the Marriage Act and other Laws

Amended by

(Amendment) Act

LXV.2020.40.

(Transfers/Liabilities) – Individuals

Searches re Individuals

Surname*

Name*

Spouse (1)

Parent 1* (1)

Parent 2* (1)

Place of Birth*

Group Number (2)

Remarks (3)

Applicant Name*

Applicant Code (4)

From

To

Liabilities

Transfers

Ground-rent redemptions

* Indicates that information must be submitted

(1) Spouse’s name must be stated when search refers to a married individual, in

which case, the individual’s surname at birth should also be indicated. Likewise,

the name of the parents must, in this case, include the surname at birth and after

marriage.

(2) Applicable where applicant wishes to group a number of searches together.

(3) When applicant requests that search is to be limited "re property" or different

parenthood excluded, in so far as such exclusion is involved. In such a case, the

provisions of regulation 6(4) apply.

(4) When application is not submitted by a regular client, the Applicant Code need

not be included but enough information is to be inputted in order to identify the

applicant.

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

C.

Searches into Wills

Searches re Individuals

Surname*

From

To

Name*

*(2)

* (3)

Husband (1)

Father* (1) )

Mother*

Place of Birth *

Applicant’s Name and

address* (4)

Applicant Name (5)

Applicant Code (5)

*Indicates that information must be submitted

(1) Husband’s name must be stated when search refers to a married woman, in which

case, her maiden surname should also be indicated. Likewise, Father’s name must, in

this case, include the surname.

See fees shown in Section C in the First Schedule to the Public Registry Act, Cap.

(2)

56. Other fees apply when “From” date antedates 1972.

Date of death.

(3)

Result will be mailed at this address.

(4)

Only applies when application is submitted by a regular client and is to be collected

(5)

by same.

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

CA. Schedule for individuals who have contracted marriage

Added by

XXIII.2017.105.

after the coming into force of the Marriage Act and other Laws

Amended by

(Amendment) Act

LXV.2020.40.

Searches into Wills

Searches re Individuals

Surname*

From

To

Name*

(2)

(3)

Spouse (1)

Parent 1* (1)

Parent 2* (1)

Place of Birth*

Applicant’s Name and address* (4)

Applicant Name (5)

Applicant Code (5)

* Indicates that information must be submitted

(1) Spouse’s name must be stated when search refers to a married individual, in

which case, the individual’s surname at birth should also be indicated. Likewise,

the name of the parents must, in this case, include the surname at birth and after

marriage.

(2) See fees shown in Section C in the First Schedule to the Public Registry Act, Cap.

56. Other fees apply when "From" date antedates 1972.

(3) Date of death.

(4) Result will be mailed at this address.

(5) Only applies when application is submitted by a regular client and is to be

collected by same.

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

D.

Verification of Searches

Searches for verification

Applicant Name*

Applicant Code (1)

Group Number (2)

List included* (3)

* Indicates that information must be submitted.

When application is not submitted by a regular client, the Applicant Code need not

(1)

be included.

Applicable where applicant wishes to group a number of searches together.

(2)

When compiling the list, the applicant is to make use of the following Codes, or

(3)

where the verification is limited to the checking and certification of notes of

reference in respect of particular notes of preference not forming part of an official

search application. Moreover, when applicant requests that search is to be limited “re

property’’, or different maternity is excluded, the provisions of regulation 6(4) shall

apply.

Codes to be used in compiling the list -

I

- Enrolment

H

- Privileges and hypothecs

GH - Gozo Notes of hypothecs

GI

- Gozo Notes of Enrolment

CE - Redemption of ground rent

GPP - Warranty of Peaceful Possession

GCE - Gozo Redemption of ground rent

D/M - Different Maternity

D/P - Different Property

HR - Renewed Hypothecs

HL - Legal Hypothecs

R

- References

S

- Judicial Sales (the current year and previous two years)

P

- Planning Authority

$

- Money Laundering

A

- Order re Inter Vivos Alienation of Matrimonial Home

M - Prohibitory Injunction

E

- Exclusion from Administration of Community of Acquests

N

- Personal separation

D

- Dangerous Drugs Ordinance, Cap. 101

C

- Article 401 (1) (g) of the Companies Act, Cap. 386

Q

- Change in surname in terms of article 4(5) of the Civil Code, Cap. 16

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

The applicant shall submit, together with the application, a list of the progressive

numbers, including any references, that are to be verified.

(1)

The Director, shall preserve all manual indices,

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

registers, notes and lists which are to be compiled in terms of the

Act, or kept by the Public Registry under any other law, in such a

way that the images and index database, are augmented and

supplemented on a regular basis.

(2) Any registration in compact disc or other computer format

and, or the reproduction therefrom, whether in the print medium or

other computer or mechanical output, shall be deemed to be a

record kept in terms of the provisions of the Act.

(3) The indexes and lists mentioned in the Act as well as copies

of any document or record filed in the Public Registry in

accordance with the Act or produced in virtue of the same Act, may

be computer-generated.

(1) Any researcher, not being a notary public, advocate or

legal procurator, wishing to inspect the records, shall apply to the

Director in terms of the First Schedule, and the applicant whose

application is accepted, shall be issued with a special card

signifying the Director’s acceptance of the application. Such card

shall be valid for one calendar year from its date of issue.

(2) An inspection shall include the right to take down notes, in

pencil and in one’s own handwriting, or to request photocopies of

the registers or notes, provided that the Director may give such

directions as may be necessary to ensure that the inspection shall

not interfere with day to day operations.

(3) The reproduction of records by electronic means and, or the

taking of photographs thereof, is prohibited.

(4) No person may appoint more than two agents, but the same

agent may be appointed by different persons.

(5) The Director may, by notice, establish the days when and

times during which such inspection may be carried out.

(1) The application forms in respect of an official search

into transfers and liabilities, in respect of public wills, updating, or

the verification of any searches, shall be those specified in the

Second Schedule hereto, as the case may be, and such application

shall

(a) be typewritten by mechanical and, or electronic

means;

(b) be free from discoloration and blemishes; and

(c) be printed in A4 format and contain an indication

whether any annexes are attached to the first page.

(2) Where it is necessary to remove, vary or add any words

before the form is lodged, the person lodging that form shall make

such variation or addition by means of a note at the end of the form;

in any such case, such person shall cancel the words which it is

desired to remove or vary in such a manner as to leave the words so

cancelled still legible, and shall make a note stating the number of

words so cancelled or as the case may be, that other words are

substituted for those cancelled inserting the new word or words

immediately after the words so substituted; in the case of a mere

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

addition of words, such person shall make a mark at the place

where the addition is to be made and a note at the end of the form

containing the expression "words added" and shall insert

immediately thereafter the words to be added. Such notes are to be

signed by all the parties signing the application.

(3) Following such arrangements as may be made with the

Director, the applications mentioned in sub-regulation (1) may also

be submitted in computer format and, or sent by telephonic or

electronic means, in which case the provisions of sub-regulation (2)

shall mutatis mutandis apply.

(4) An application cannot be cancelled later than twenty-four

hours after its submission.

(5) Applications may be submitted during such times as the

Director may, by notice, establish in the Gazette, so however that

where applicant makes use of electronic mail he will be entitled to

submit the application even outside such established times, so

however that the application shall, for the purpose of regulation

6(5), be deemed to have been submitted on the next following

working day whenever the electronic mail is transmitted outside

such established times.

(6) The Director is obliged to provide the applicant with an

acknowledgement, and such acknowledgement, which may also be

in electronic format, will constitute proof of the parameters that

constitute the search.

(1) The Director shall, when an application is submitted in

terms of these regulations, draw up drafts, in accordance with the

Act, of

(a) certificates indicating enrolments relating to public

wills enrolled in the name of the person on whom the

search is carried out; or

(b) lists compiled from the indexes mentioned in article 24

of the Act or kept by the Public Registry under any

other law, in which case there shall also be delivered

copies of the relative entries, including the updating of

same, as well as the verification of searches issued

before the appointed day, when so ordered by a court;

or

(c) lists compiled from the indexes mentioned in article 24

of the Act or kept by the Public Registry under any

other law, in which case there shall also be delivered

copies of the relative entries, when so requested by

any other person, except for the purposes of updating

same; or

(d) lists compiled from the indexes mentioned in article 24

of the Act or kept by the Public Registry under any

other law, in which case there shall also be delivered

copies of the relative entries, when so requested by

any other person, for the purposes of updating same;

and, or

(e) lists compiled from the indexes mentioned in article 24

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

of the Act or kept by the Public Registry under any

other law, in which case the Director shall also deliver

a copy of the relative entries, when so requested by

any other person, for the purposes of verifying

searches issued before the appointed day.

(2) The officer in charge shall duly authenticate manually or

electronically 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, the draft and

upon such authentication, the draft shall be deemed authenticated.

(3) The Director shall endorse the drafts of the certificates,

lists or copies mentioned in sub-regulation (1), unless there is

sufficient reason to withhold such endorsement and on such an

endorsement, the certificate, list or copy shall be deemed to have

been compiled in terms of the Act, and for the purposes of the Act,

each application shall have a unique order number which shall be

reproduced in the certificate.

(4) Where an official search is required in terms of article 28 of

the Act, and the applicant limits such search in respect of a

particular property, or where the applicant requests that the search

should not include records having the same search parameters as

requested, but with different maternity, the documents supplied by

the Director shall not be considered as a certificate in terms of

these regulations or in terms of article 26 of the Act.

(5) The Director shall, unless circumstances otherwise require,

make available the certificates within the times specified herein,

but in no case earlier than two working days

(a) in the case of a search into public wills, the certificate

shall be ready or sent by post within seven working

days;

(b) when the application is a new search, the certificate

shall be made available within ten working days;

(c) when the application refers to an updating, the

certificate shall be made available within three

working days;

(d) when the application refers to verification of searches

issued, the certificate, together with the lists and

records submitted with the application in terms of the

Second Schedule, shall be made available within

eighteen working days, so however that where the

verification is limited to the checking and certification

of notes of reference in respect of particular notes of

preference not forming part of an official search

application, the certificate shall be made available

within seven working days;

(e) any regular client may reach an arrangement with the

Director whereby such regular client will be entitled to

submit, on good cause being shown to the satisfaction

of the Director, an application for a new search or for

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

updating, as referred to respectively in paragraphs (b)

and (c), and when the regular client makes such a

request, the Director may, notwithstanding what is

stated in this sub-regulation, make available,

(i) the new search within three working days; and

(ii) a computer print-out of the lists, relating to a

period of thirty days prior to two working days

from date of order, compiled from the indexes,

on the next following working day, or, where the

request is made before 9.00 a.m., by noon of the

same day, while the relative copies will be made

available within two working days,

and in such case, the regular client shall pay double the

total fees normally due, provided that where any

period herein-mentioned is not respected, including

those instances where the provisions of sub-regulation

(6) apply, the regular client shall only pay the fee

established in Section C of the First Schedule of the

Public Registry Act, even if the search or updating is

ready before any period mentioned in paragraphs (b)

and (c).

(6) The time periods mentioned in the preceding subarticle

shall commence from the day following the receipt of the

application, but the Director may, on good cause being shown, not

adhere to such time periods and shall in such case inform the

applicant accordingly. Where the amount of entries within the same

group, excluding common notes, exceeds thirty in number, this

fact, in itself, constitutes a good cause for the purposes of this

subarticle.

The Director may, by notice in the Gazette, designate

special periods, not being more than three in number in each

calendar year and each period not being longer than five

consecutive working days, during which the time periods

mentioned in regulation 6(5) shall, notwithstanding the provisions

of the said sub-regulation, commence to run from the first working

day following the said special period. The twenty-four hour period

mentioned in regulation 5(4) shall likewise so commence.

(1) Any regular client ordering official searches via

electronic mail, may reach an agreement with the Director whereby

the Director binds himself to inform the applicant whenever the

number of entries in the search result will probably exceed such

number as may have been agreed, and in any such case, any search

submitted by the applicant which exceeds the established number

shall be held in abeyance for a maximum period of seven days from

the date of application.

(2) Where the applicant fails to confirm the order, the search

application shall be deemed to have been withdrawn, but in such

case the minimum application fee established in paragraph C1 of

the First Schedule to the Act shall still be due.

(3) Where the order is confirmed within the seven-day period

mentioned in sub-regulation (1) -

PUBLIC REGISTRY (INSPECTION AND SEARCHES)

(a) no additional fee shall be charged for such

confirmation; and

(b) the time periods mentioned in regulation 6(5) shall be

deemed to commence from the date of such

confirmation.

(4) Where such agreement is applicable, the twenty-four hour

period mentioned in regulation 5(4) shall only apply after the

s u b m i s s i o n o f t h e o r d e r, b u t s h a l l n o t a p p l y f o l l o w i n g t h e

confirmation mentioned in the preceding sub-regulation.

(1) The fees payable shall be the fees shown in Section C

in the First Schedule to the Act.

(2) Fees may be paid and transmitted by electronic means in

terms of arrangements made with the Director.

(3) Payment shall be effected only when a certificate is issued,

provided that -

(a) the full amount payable in respect of a request for a

certificate relating to wills shall be paid on

application; and

(b) in any case where the applicant is not a researcher or a

regular client, a non-refundable charge of thirteen euro

and ninety-eight cents (€13.98) shall be made with

every application.

(4) The Director may refuse to process further applications

when an applicant fails to pay for the official search on delivery of

the service, provided that the Director may also issue a notice

informing the applicant that until settlement of the amounts due is

effected, a deposit of two hundred and thirty-two euro and ninety-

four cents (€232.94) shall be due on every new application

submitted by the applicant or his agent. The said notice shall be

sent by registered mail.

PUBLIC REGISTRY (INSPECTION AND SEARCHES)