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Maltese Laws |
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ACT
To repeal and re-enact with amendments the law relating to Notaries and Notarial
Archives.
12th May, 1927
ACT XI of 1927, as amended by Government Notices: No. 204 of 1927 and No. 90 of 1928; Acts: XVII of 1929, XIII and XXXVII of 1933; Ordinances: XXIV of 1935 and XXIV of 1936; Government Notice No.352 of 1936; Ordinances: XI of 1937, XXVIII of 1938 and V of 1939; Government Notices: Nos. 140 and 434 of 1940; Ordinances: XI of 1940, X of 1941 and XXXI of 1946; Government Notice No. 313 of 1949; Act XXVI of 1949; Government Notice No. 205 of 1954; Act XII of 1955; Emergency Ordinance VIII of 1958; Ordinances: XVII of 1960, XII and XXV of 1962; Legal Notice 4 of 1963; Act XXIX of 1963; Legal Notice 46 of 1965; Acts: XL of 1965 and XXXI of 1966; Legal Notice 56 of 1970; Acts: XXX and XLVI of 1973, and LVIII of 1974; Legal Notice 148 of 1975; Acts: XI of 1977, II of 1978 and XXXIV of 1979; Legal Notice 77 of 1980; Acts: II and XIII of 1983 and XIV of 1985; Legal Notice 70 of 1987; Act XIX of 1988; Legal Notice 74 of 1988; Act VIII of 1990; Legal Notice 227 of 1997; Act IX of 2000; Legal Notice 186 of 2000; Act VI of 2001; Legal Notices 173 of 2001 and 429 of
2003; Acts IX, XIII and XVIII of 2004, and V and XIII of 2005; Legal Notices 181, 186 of 2006
and 408 of 2007; and Acts XIII of 2007, III of 2008, and XXIV of 2011*. Incorporating also
Ordinance VIII of 1859.
*but see Legal Notice 498 of 2011.
ARRANGEMENT OF ACT
PART I. PART II. Title I. Title II. Title III. | Title General Provisions Of Notaries Of the Appointment of Notaries Of the Exercise of Notarial Functions Of the Cessation, Incapacitation and Suspension from the | Articles 1 2-4 5-24 5-9 10-13 |
Exercise of Notarial Functions | 14-16 | |
Title IV. | Of Keepers of Notarial Acts, Notaries delegate and Notaries to Government | 17-24 |
Title V. | Of Notarial Deposit Accounts | 24A |
PART III. | Of Notarial Acts | 25-84 |
Title I. | Of the Formalities of Notarial Acts | 25-54 |
Title II. | Of the Custody of Acts and of the Notarial Registers | 55-73 |
Title III. | Of Copies, Extracts and Declarations | 74-78 |
Title IV. | Of Acts which are delivered in original to the Parties, of the Authentication and Legalization of Signatures or Cross- marks | 79-80 |
Title V. Of Fees, Charges and other Expenses due to Notaries 81-84
PART IIIA. Of Notarial Trust Deeds and Private Foundations 84A-84B PART IIIB. Of the Examination of Title 84C PART IV. Of the Notarial College and of the Notarial Council 85-94
PART IVA. Of the Review of Notarial Acts 94A-94B PART V. Of Notarial Archives 95-109
PART VI. Of the Supervision over Notarie s , the Archives and the
Public Re gistry, of the Court of Revision of Notarial
Acts, and of Disciplinary Punishments 110-145
Title I. O f t h e S u p e r v i s i o n o v e r N o t a r i e s , t h e A r c h i v e s a n d t h e Public Registry, and of the Court of Revision of Notarial Acts
110-127
Title II. | Of Disciplinary Punishments | 128-145 |
PART VII. | Supplementary and Transitory Provisions | 146-152 |
SCHEDULE
Tariff relating to the Notarial Profession and Notarial Archives
Notarial Archives Act.
Short title.
PART I
GENERAL PROVISIONS
2. (1) Notaries are public officers. They are charged to receive acts inter vivos an d wi lls, and t o att r ibu t e pu blic faith thereto; they shall be responsible for their custody and shall give out copies and
extracts of or from such acts or wills.
(2) Notaries shall also have power -
(a) to sign applications or other acts relating to matters cognizable by a court of voluntary jurisdiction;
(b) to receive on oath "acts of notoriety" in civil and commercial matters, and dying declarations;
(c) to administer oaths to experts or referees or translators or other persons in connection with any extra-judicial report or
reference or translation of any act or document or with any declaration relating to capitals, stocks and shares
and relative coupons, when the parties desire to have such report, reference, translation or declaration verified
on oath;
(d) to authenticate signatures in private writings, or the mark of any person who is unable or does not know how to sign, affixed
to any such writing by way of approval of the contents thereof in the presence of two qualified witnesses, after such contents
have been explained to the parties by the notary;
(e) to give out on the demand of any person certificates in proof of the life or existence of such person;
(f) to draw up protests for non-acceptance or non- payment of bills of exchange or promissory notes, for money or goods;
(g) to give out certificates attesting the accuracy of copies of or extracts from books or documents produced by the parties, as
compared with the originals of such books or documents;
(h) to give out certificates attesting the faithful translation of acts or documents from one language into another provided both
languages are known by the notary;
(i) to act as mediators;
(j) ex officio to act as Commissioners for Oaths for the purposes of the Commissioners for Oaths Ordinance;
(k) generally, to exercise such other powers as are assigned to them by law.
(3) Notaries are empowered to draft private writings containing
Definition of office of notary.
Amended by: IX. 2004.16; XXIV. 2011.3.
Powers and functions of notary.
Cap. 79.
agreements that purport to cr eate legal ri ght s and obl igat ion s between third parties.
Profession of notary inconsistent with profession of advocate, etc. Amended by: XXXVII. 1933.1; XI. 1937.2;
X. 1941.2; XII. 1962.2;
L.N. 46 of 1965; XXX. 1973.2; LVIII.1974.68;
IX. 2000.3; III. 2008.9; XXIV. 2011.4.
(a) he holds the warrant of advocate or legal procurator; (b) he is a bank manager;
(c) he is an estate agent or similar broker;
(d) he is a partner in a commercial partnership or a director or shareholder in a limited liability company whose principal
service is estate agency:
Provided that the President of Malta may authorize such person to practise as a notary on his surrendering the said warrant
or on his ceasing to be such manager, estate agent, broker, partner, director or shareholder.
(2) Saving the provisions of articles 14 and 22 in so far as they relate to th e offices of Chief Nota ry to Government, Notary
to Govern m e nt an d Notary Pub lic in the Gov e rnment Property Div i sio n , n o p e rson hol din g an of f i ce of p r of it
und er th e Government except the office of Director or Assistant Director of the Public Registry or Director or Assistant Director
of the Land Registry, may be appointed to be a Notary:
Provided that the Director or the Assistant Director of the Public Registry and the Director or Assistant Director of the Land Registry
may not practise as a notary except in the capacity of Chief Notary to Government or Notary to Government
Publication in Government Gazette of an annual list of practising notaries, keepers of acts and depositaries. Amended by:
XXXI. 1946.2; XXXIV. I979.2.
(a) the names of the notaries practising their profession in
Malta and Gozo;
(b) the names of the notaries who are the keepers of the deeds of deceased notaries or of notaries who have ceased to practise
their profession, together with the names of the notaries whose deeds are so kept;
(c) the names of the Visitors appointed under article 110 who are in office on the date of the notice.
PART II
OF NOTARIES
TITLE I
OF THE APPOINTMENT OF NOTARIES
(2) For the purposes of sub-article (1), "Malta" shall have the meaning assigned to it in the Interpretation Act and shall also mean the premises housing Maltese high commissions, embassies and consulates, and Maltese registered ships and aircraft.
(3) The Minister responsible for notarial affairs may, from time to time, by a notice in the Go ve rnment Gazette , regulate the
number of notaries. Such notice shall not be published unless it has been approved by resolution of the House of Representatives,
and it shall not affect such persons as at the time of such notice shall have already commenced in the University of Malta the course
of studies prescribed for the notarial profession.
(4) Any person who, not being one whose name has appeared in the Gazette in terms of sub-article (1), assumes the designation of
Notary or in any manner purports to be entitled to practise the profession of a Notary Public in Malta, shall be guilty of an offence
under this Act and shall, on conviction, be liable to a fine (multa) of not less than one thousand euro (€1,000) but not more than five thousand euro (€5,000), and in respect of a second or subsequent
conviction to imprisonment for a term not exceeding three months or to both such fine and imprisonment.
(5) The provisions of sub-article (4) shall also apply to a person who has ceased to practise his profession in terms
of article
14(1).
(a) he is a citizen of Malta or of a Member State of the European Union or of a State of the European Economic Area: provided that
a State of the European Economic Area means Iceland, the Principality of Liechtenstein and the Kingdom of Norway;
(b) he is of good conduct and good character;
(c) he has followed as required by the statute and regulations of the University of Malta the course prescribed
for obtaining the diploma of notary and has passed the prescribed examinations;
(d) he has regularly attended at the office of a practising notary for a period of not less than one year after the end of the last
academic year of the course;
(e) he has passed a qualifying examination held after he has satisfied the requirements of paragraph (d).
Appointment of notaries. Amended by: XXV.1962.3; L.N. 4 of 1963;
L.N. 46 of 1965; XXXI.1966.2;
LVIII. 1974.68; L.N. 148 of 1975;
IX. 2000.3; XXIV. 2011.6. Cap. 249.
Number.
See s.4 of Ord. XIX
of 1936 as
amended by s.12 of
Ord. XL. of 1940
omitted under the
S.L.R.Ord. & Act
of 1936 & 1980
respectively.
Qualifications for appointment. Amended by: XXX. 1973.3;
L.N. 148 of 1975; II. 1978.2;
XIV. 1985.2. Substituted by: XXIV. 2011.7.
*only paragraph (a) of the substitution made by Act XXIV. 2011.6. is in force. The substitution of paragraphs (b) to (e) and the addition of a new sub-article (2) are not yet in force.
Board of examiners. Amended by: L.N. 4 of 1963; XXXI.1966.2; XXX.1973.4;
L.N. 148 of 1975; XXXIV. 1979.3; IX.2000.3.
(2) The notary at whose office the candidate satisfied the requirements of article 6(d) and any person related to any of the candidates by consanguinity or affinity in the direct line in any degree or in the collateral line up to the third degree inclusively cannot sit on the Board of Examiners.
Subjects of examination. Amended by: XXXI. 1946.2A.
(2) The written examination shall consist in the drafting of one or more deeds inter vivos, a will and an act relating to matters of voluntary jurisdiction, on subjects assigned by the Board, as well as in the drafting of
the notes and registrations relating to such deeds and in the application of the law relating to duty on documents.
(3) The candidate shall have free access to the text of the various laws on the subject.
(4) The oral examination shall be on the following subjects, namely:
(a) civil and commercial laws, especially the laws relating to contracts and wills and acts relating to matters of voluntary jurisdiction,
and the essential forms thereof;
(b) the laws relating to the notarial profession, the Public
Registry and the Notarial Archives;
(c) the laws relating to duties on transactions.
(5) A majority of the votes of the examiners is necessary for the approval of the candidate.
(6) In case of failure, the candidate shall not be admitted to a fresh examination until after six months of such failure.
Names of successful candidates submitted for appointment. Amended by: L.N. 46 of 1965; LVIII.1974.68.
Oaths of allegiance and office. Amended by:
XI. 1937.3,4,12; L.N. 46 of 1965;
LVIII. 1974.68; XXXIV. 1979.4. Cap. 12.
TITLE II
OF THE EXERCISE OF NOTARIAL FUNCTIONS
(a) take before the Court of Appeal the oath of allegiance in terms of article 10 of the Code of Organization and Civil Procedure and the oath of office in the terms following:
"I,.............., promise and swear that I will faithfully
and with all honesty and exactness exercise the office of notary according to the best of my skill and ability. So help me God."
(b) write in a book kept for the purpose in the office of the Attorney General his specimen signature as he is thereafter
to use it in signing deeds;
(c) cause to be registered in the office of the Attorney General the act of his appointment, as well as the date on which
he took the oaths referred to in paragraph (a).
(2) A notary may apply to the Court of Revision of Notarial Acts to exempt him from the provisions of sub-article (1) for any particular
calendar year.
(3) The Minister responsible for notarial affairs may, after consulting the Notarial Council, make regulations -
(a) to specify the criteria which insurance companies shall take into account when providing the cover referred to in sub-article
(1), and
(b) to indicate the cases where and the conditions under which the Court of Revision may exempt notaries from the provisions of sub-article
(1).
Insurance. Added by: XXIV. 2011.12.
10B. (1) A notary whose name/surname has changed either by court order, which has become final, or through marriage shall, not later than
two months from the date of such court order or the celebration of the marriage, file a note in the Court of Revision of Notarial
Acts informing the court of such change and shall also write his specimen signature in the book at the Attorney General’s office
referred to in article 10(1)(b). The note shall be served on the Chief Notary to Government and on the President of the Notarial Council.
(2) The Chief Notary to Government shall forthwith cause the note to be published in the G azette and he sh all upda te the electronic
list mentioned in article 4(1))(a).
(3) A notary who publishes a notarial act before the note appears on the Gazette in terms of this article shall be liable
to a fi ne ( am men d a ) of five hundred euro (€500) for each act so published.
(4) The Notarial Council shall ensure compliance with the provisions of this article and may apply to the Court of Revision
to order t h e no tary to com p ly an d/ or t o awar d th e ap pr op ri ate
Change in name/
surname.
Added by:
XXIV. 2011.12.
*this article is not yet in force.
disciplinary punishment.
Notary bound to give his services. Amended by:
II. 1978.3.
Exceptions. (2) The notary may, however, refuse his services if -
(a) the parties fail to deposit with him the amount of the duties, fees and expenses due in respect of the deed, or
(b) if his services are required on a public holiday or between 9.00 p.m. of one day and 9.00 a.m. of the following day.
(3) The provisions of sub-article (2) shall not apply in the case of a will and the provision of paragraph (b) of the same sub-article shall not apply in the case of a sea protest or where the services of the notary are urgently required and
cannot admit of delay.
Acts which notary may not receive. Amended by: XXIX. 1963.2. Substituted by: XXIV. 2011.13.
Cap. 12.
(a) which is expressly prohibited by law or manifestly contrary to good morals or to public policy;
(b) if any of the parties thereto is the notary’s spouse or is related to the notary by consanguinity or affinity in the direct
line in any degree or in the collateral line up to the third degree inclusively;
(c) (i) which, being a will, contains any disposition in favour of the receiving notary, or any of the persons mentioned
in paragraph (b), unless such disposition is allowed by law or is contained in a secret will not written by the notary or by any
of the persons mentioned in that paragraph, and delivered to him sealed by the testator:
Provided that the appointment of the notary, receiving a will wherein a testamentary trust is created, as trustee or protector
shall not be interpreted to be a disposition in favour of the receiving notary;
(ii) which, being an inter vivos act, contains any provision concerning the receiving notary or any of the persons referred to in paragraph (b), unless such provision is required or allowed by law;
(d) if any of the parties thereto is by the competent authority restrained from entering into contracts or disposing
of his property, provided such act is affected by the terms of the inhibition, notified to the notary in accordance with article
527 of the Code of Organization and Civil Procedure;
(e) if any of the parties thereto is represented by an agent or other representative who is any of the persons referred to
in paragraph (b):
Provided that the provisions of this paragraph shall not apply to a physical person’s mandatary who declares that he is any of
the persons referred to in paragraph (b) and none of the other appearers on the act objects to the mandatary appearing thereon in such a capacity, and provided that
the notary records therein the relevant facts;
(f) if any of the parties thereto is a commercial partnership, other than a public company -
(i) having at the time a director, partner or shareholder who is the notary or any of the persons referred
to in paragraph (b), or
(ii) whose legal or judicial representation is vested in the notary or any of the said persons;
(g) if any of the parties thereto is a civil partnership, foundation or association or a legal entity, other than a commercial
partnership, and it has at the time a partner, founder, associate or a member of its governing or administrative
body who is the notary or any of the persons referred to in paragraph (b);
(h) being a notarial trust deed by virtue of which a trustee is appointed, saving the provisions of the Trusts and Trustees Act, where:
(i) any of the persons mentioned in paragraph (b) is the trustee or protector of the trust; or
(ii) the notary or any of the persons mentioned in paragraph (b) is a determined or determinable beneficiary of the trust:
Provided that nothing in this paragraph shall prohibit the receiving notary from being nominated as a trustee or protector on a notarial
trust deed;
(i) if the notary or any of the persons referred to in paragraph (b) appears on the act as a trustee or protector acting in terms of a trust;
(j) if any of the parties appears in his capacity as trustee or protector of a trust and the notary or any of the persons referred
to in paragraph (b) is a determined or determinable beneficiary of such trust, unless the notary is not aware and not made aware, due to trust
confidentiality, that he or the persons referred to in paragraph (b) is a determined or determinable beneficiary of such trust:
Provided further that the receiving notary may still, subject to regulations issued by the Authority mentioned in the
Trusts and Trustees Act, act as qualified person in terms of article 43 and 43A thereof.
Cap. 331.
Cap. 331.
Notary insulted or obstructed in the performance of his duties may request the assistance of the Police. Amended by:
XI. 1937.I2;
L.N. 46 of 1965;
LVIII. 1974.68.
13. (1) Any notary who in the exercise of his functions is insu lted or obst r ucted, shall draw up a proc ès-ver bal of th e occurrence calling on at least two of the persons present to sign it, and shall transmit the same without delay to the Attorney
General:
Provided that in urgent cases the notary may apply directly and on his own responsibility for Police protection.
(2) The notary may likewise request the assistance of the Police whenever he is called upon to give his services at night time
or whenever, having regard to the places in which or the persons to whom he is required to give his services, he deems it prudent
to have such assistance.
TITLE III
When a notary ceases to exercise his functions. Amended by: XXXVII. 1933.2; X. 194I.3;
XII. 1962.3;
L.N. 46 of 1965;
XXX. 1973.5;
LVIII. 1974.68;
II. 1978.4;
XIX. 1988.2;
IX. 2000.3;
III. 2008.10.
Cap. 9.
OF THE CESSATION, INCAPACITATION AND SUSPENSION FROM THE EXERCISE OF NOTARIAL FUNCTIONS
(a) if he accepts a Government employment, or exercises a profession, or assumes any office incompatible with the office of notary:
Provided that a notary who accepts an appointment to act as Chief Notary to Government or Notary to Government or Notary
Public in the Government Property Division or Notary Public with the Housing Authority, under the provisions of article 22(5)
for a continuous period not exceeding three months may continue to exercise his functions as Notary Public;
(b) if he absents himself from Malta for a continuous period of not less than ten years;
(c) if he is interdicted under the provisions of the Criminal
Code;
(d) if he resigns his office in writing to the President of
Malta;
(e) if he is removed from his office in terms of articles 138 and 139;
(f) if he is removed from his office by the President of Malta following a sentence by any competent tribunal for theft, fraud or
any crime against public faith;
(g) if he is incapacitated by the President of Malta with the advice of the Board appointed as provided in article 7, on
account of illness, blindness, deafness or other permanent cause which renders the notary unfit for the performance of his duties:
Provided that where the cause is not such as to render the notary also incapable of keeping acts or of giving out copies
thereof, it shall be lawful to restrain the notary only for receiving acts.
(2) Where the cause for which any notary has ceased from the exercise of his functions is merely temporary, such notary may, on
the cessation of such cause, be rehabilitated by the President of Malta with the advice of the Board referred to in article 7.
(3) The notary who accepts the office of Chief Notary to Government or of Notary to Government or of Notary Public in
the Go vern me nt Prop erty Di vi sio n or of No tary Pu bl ic wi t h th e Housing Authority shall not during the tenure of such
office, cease from the exercise of the functions of notary, but only in so far as su ch fu nctio ns rel at e to the ex ecu tion
and custody of deeds to which the Government or any corporate body established by law is a party, and the issue of copies or extracts
of or from such deeds.
Rehabilitation.
Chief Notary to Government, Notary to Government, etc., to exercise functions only in regard to deeds to which Government is a party.
Temporary suspension or incapacitation.
Cessation or disqualification or suspension to be published in Government Gazette.
Amended by: XI. 1937.5.
TITLE IV
OF KEEPERS OF NOTARIAL ACTS, NOTARIES DELEGATE AND
NOTARIES TO GOVERNMENT
(2) Notwithstanding any provision of this or any other law, and saving any agreement to the contrary by notarial act between the
interested p arties, the appointm ent of a notary keeper shall not imply that the keeper is responsible for the payment:
(a) of any registry fees, duty, tax, impost or penalty due by or which could have been imposed on the receiving notary in terms of
past or current fiscal legislation, or any other law, unless and until such time as the keeper is put in funds to be able to pay
same; or
(b) of any disciplinary punishment awarded or that could have been awarded to the receiving notary for any breach by him of
this or any other law.
(3) Where the notary keeper incurs expenses in terms of the provisions of this Act or any other law:
Keepers of notarial acts.
Substituted by: XXIV. 2011.16.
(a) to bind the original notarial acts and their indexes; or
(b) to prepare and bind their registers and indexes; or
(c) to file the relative notes of enrolment, hypothec and reference in the Public Registry or lodge the relative applications in
the Land Registry or similar notes or applications in a registry substituting such registries,
he shall have the right, saving any agreement to the contrary by notarial act between the interested parties, to recoup such expenses
from the receiving notary and, or such other persons as may be pr escribed, withi n su ch time and i n su ch manner as may be prescribed.
(4) The provisions of sub-article (3) shall mutatis mutandis apply to a notary keeper who, notwithstanding the provisions of sub-article (2), pays any registry fees, duty, tax, impost or penalty
due by the receiving notary.
(5) The Minister responsible for notarial affairs may from time to time make regulations generally for carrying out the provisions
of this article, for adding to the instances mentioned in sub-articles (2) and (3), and for such matt ers as are authorised by this
article to be prescribed.
Notarial acts of which the Archivist is the keeper ex officio. Amended by:
XII. 1962.4; L.N. 4 of 1963; XXXI. 1966.2; II. 1983.2;
XIX. 1988.3; IX. 2000.3;
III. 2008.11.
18. The keeper of the Malta Archives and the keeper of the Gozo Archives are respectively ex officio the keepers of the deeds and registers of former notaries to Government in Malta and Gozo and of the notarial acts and registers belonging
to the Government under any title whatsoever, as well as of all other acts in respect of which there is no keeper and which are
deposited in the said Archives of Malta and Gozo:
Provided that -
(a) the ex officio keeper of the deeds and registers of former notaries in the Land Department or notaries in the Government Property Division,
shall be the Notary in the Government Property Division designated by the Minister responsible for notarial affairs, and where
the office of Notary in the Government Property Division is vacant, the keeper of the Malta Archives shall ex officio be the keeper of the deeds and registers of former notaries in the Land Department or notaries in the Government Property Division;
and
(b) the ex officio keeper of the deeds and registers of former notaries with the Housing Authority shall be the Notary Public with the Housing
Authority, and where the office of Notary Public with the Housing Authority is vacant, the keeper of the Malta Archives shall
ex officio be the keeper of the deeds and registers of former notaries with the Housing Authority; and
(c) the ex officio keeper of the deeds and registers of former Notaries with the Joint Office shall be the Notary in the Government Property
Division or one of the Notaries Public in the Government Property
Division designated by the Minister responsible for notarial affairs and where the office of Notary in the Government Property
Division is vacant, the Keeper of the Malta Archives shall ex officio be the keeper of the deeds and registers of former Notaries with the Joint Office.
19. As regards all other notarial acts and registers which are o w ned b y pri v ate parties, the Co urt of Rev i sion sh all on the application
of lawful owners or of the Attorney General ex officio appoint as keepers thereof such notary as is named by such owners or by the Attorney General and who has declared his willingness
to accept such appointment.
(2) The court may, if it deems it expedient in case of suspension, incapacitation or temporary interdiction of a notary, leave to him the custody of the deeds and registers, and appoint a delegate for giving out copies thereof or extracts therefrom.
Keepers of acts, appointed by Court of Revision. Amended by: XXXIV.1979.5.
Notaries delegate. Amended by: XXIV. 2011.17.
Keeper or delegate to sign as such. Amended by:
XXIV. 2011.18.
Appointment and duties of Notaries to Government, Assistant Notaries to Government and Notaries Public in the Government Property Division. Amended by: XXXVII. 1933.3; XI. 1937.12;
X. 1941.4; XXXI. 1946.3;
XXVI. 1949.2. Substituted by:
XII. 1962.5. Amended by: L.N. 4 of 1963;
XXXI. 1966.2; XXX. 1973.6; LVIII. 1974.68;
II. 1978.5; XIX. 1988.4; IX. 2000.3;
V. 2005.36; XIII. 2005.17; III. 2008.12.
(2) The Chief Notary to Government, Notaries to Government, N o taries Publi c in th e Gov e rnm e nt Property Div i sion and
the Notary Public with the Housing Authority shall be appointed from among notaries appointed by the President of Malta in accordance
with the provisions of Title I of Part II of this Act.
(3) The functions of Chief Notary to Government, Notary to Government for the Islands of Gozo and Comino, Notary Public in the
Government Property Division and the Notary Public with the Housing Authority shall consist in receiving those deeds only to which
the Government, any corporate body established by law, or, as may be authorized by the Minister in each case, any partnership or
any other body in which the Government of Malta or any such body as aforesaid have a controlling interest or over which they have
effective control, is a party, in having the custody of the deeds respectively received by them and in serving out copies and extracts
of or from such deeds during their tenure of office.
(4) A Notary to Government for the Island of Malta shall exercise such duties, powers and functions as may be delegated
or assigned to him by the Chief Notary to Government.
(5) In the case of absence or other lawful impediment of the Chief Notary to Government or of the Notary to Government for the
Islands of Gozo and Comino, the Prime Minister may delegate the Notary to Government for the Islands of Gozo and Comino or the Chief
Notary to Government, as the case may be, or one of the Notaries to Government for the Island of Malta, or appoint another notary,
to discharge the duties of the Chief Notary to Government or of t h e Notary t o Govern ment fo r the Islands of Gozo and Comino,
as the case m ay require; and in the case of absence or other lawful impediment of a Notary Public in the Governm ent Property
Division or a Notary Public with the Housing Authority,
the Prime Minister may delegate one of the Notaries to
Government, or appoint another notary, to discharge the duties of
the Notary Public in the Government Property Division or of the
Notary Public with the Housing Authority, as the case may require.
(6) The office of Chief Notary to Government or of Notary to Government is not incompatible with the office of Archivist and Director
or Assistant Director of the Public Registry or Director or Assistant Director of the Land Registry.
(2) The Chief Notary to Government, the Notary to Government for the Islands of Gozo and Comino, and the Notary
in the Government Property Division shall collect on behalf of the Government the fees due in terms of article 81.
(3) The Notary Public with the Housing Authority shall receive from that Authority a fixed salary and shall collect on behalf of
that Authority the fees due in terms of article 81.
Salary of Chief Notary to Government, etc. Amended by: XXVI. 1949.3; XII. 1962.6;
XXX. 1973.7; II. 1978.6; XIX. 1988.5; IX. 2000.3; III. 2008.13.
Fees payable to
Government.
24. The provisions of article 12(b), shall not apply to the Chief Notary to Government or a No tary to Government or a Notary Public in the Government Property Division or a Notary Public with the Housing Authority.
PART III
OF NOTARIAL ACTS
Paragraph (b) of article 12 not to apply to Chief Notary to Government, etc. Amended by:
X. 1941.5; XXVI. 1949.4; XII. 1962.7; XXX. 1973.8; XIX. 1988.6; IX. 2000.3;
III. 2008.14.
TITLE I
OF THE FORMALITIES OF NOTARIAL ACTS
(2) The presence of two witnesses shall not be required except in the following cases:
(a) whenever any of the parties so requests;
(b) whenever any of the parties does not know how or is unable to sign his name;
(c) in the case of public wills.
(3) It is the duty of the notary to direct the drawing up of the act from beginning to end, even when he causes it to be written
out by a person whom he deems trustworthy.
(4) The notary alone is competent to ascertain the will of the parties and to inquire, after reading over and explaining the act
to them, whether it is in accordance with their will.
Receiving and drawing up of acts. Amended by: XXVIII.1938.2; XXXIV. 1979.6.
Notary must be certain of identity of parties. Substituted by: XXXIV. 1979.7.
Qualifications of witnesses and attestors. Amended by: XXIX. 1963.3. Cap. 16.
(2) Saving the provisions of article 670 of the Civil Code relating to public wills, the following shall not be competent as witnesses:
(a) any person who is blind or deaf or dumb;
(b) any person who is related to the notary or to any of the parties, by consanguinity or affinity in any of the degrees mentioned
in article 12(b);
(c) the spouse of the notary or of any of the parties;
(d) any person who does not know how to or cannot sign.
(3) The attestors must have the same qualifications as are required for witnesses, but the relationship by consanguinity
or affinity referred to in sub-article (2), or their inability or incapacity to sign, shall not disable them from acting as such.
Forms of acts. Amended by: XI. 1937.6;
XI. 1940.2: XII. l955.2;
XXXIV. 1979.8; XIII. 2004.46;
XXIV. 2011.23.
such registration or enrolment is to be made:
Provided that where any of the parties to the act is a woman, it shall also be stated whether she is a spinster, a married
woman or a widow,
(ii) where the place of birth of any of the parties is unknown to the notary or where any of the parties is born of an
unknown father, or where the maiden name of the mother is unknown to the notary or cannot with the exercise of
reasonable diligence be ascertained by him, a statement of such fact in the act shall be sufficient,
(iii) where the parties to an act or any of them shall not appear personally, but shall be represented by an agent, the said particulars
must be stated not only with regard to the parties themselves but also with regard to their agents;
(iv) where a party appearing declares to be acting as a trustee in respect of the subject-matter of the Act, the indication
that the party appears as trustee in respect of that subject-matter;
(d) the number (which may be written in figures only) of the official document produced for ascertaining the identity of the
parties or a declaration that the notary has ascertained such identity by means of attestors;
(e) the indication, written out, at least in the first instance, in words and in full, of any date or amount or quantity of things
forming the subject-matter of the act;
(f) (i) the precise description of the things forming the subject-matter of the act in a manner that they cannot be mistaken
for others,
(ii) in the case of an act inter vivos relating to immovable property, such property shall be designated, if urban, by the mention of the city or village and the
street wherein it is situate and the street number thereof, or, if it has no number by the mention of at least three of its boundaries;
if rural, by the mention of the place within the limits of which it is situate, its denomination, if any, (and possibly the
denomination, of the district), its area, and at least three of its boundaries as well as a detailed plan of the
property, together with an official survey sheet showing the juxtaposition of the said property in a manner as to establish its
identity:
Provided that where the same plan required to be so annexed is already annexed to another public deed, a reference thereto
shall suffice;
(g) a mention of the titles and papers annexed to the act.
Any annexe not mentioned in the act or not duly signed, shall not be considered as forming part of the act except in so
far as the truth of its contents results from the act itself:
Provided that, in any case where in terms of article 4 of the Duty on Documents Act* the duty due in respect of a notarial act is to be paid at the office of the
Cap. 294.*
*Repealed by Act XVII of 1993. See article 69 of the Duty on Documents and Transfers
Act (Cap. 364).
Commissioner of Inland Revenue within the time prescribed by the said article 4, it shall be lawful to annex to the deed
after the completion thereof the receipt for the duty duly paid, and the receipt thus annexed shall be deemed to
form part of the act notwithstanding that it is signed by the notary alone and not also by the parties and the witnesses to
the deed and by the attestors and interpreters thereto, if any, and notwithstanding that it is not mentioned in the act;
(h) a statement that the notary has duly explained to the parties the contents of the act before the publication thereof;
(i) a statement that the act has been published in the presence of the witnesses, where the presence of witnesses
is required by law. Where the notary does not know whether the witnesses are related by consanguinity or affinity
to any of the parties in any of the prohibited degrees, it shall be lawful for him to assure himself of such fact from
the witnesses themselves, and, in any such case, he shall state that the witnesses are not related as aforesaid according to
their own statement;
(j) an indication of the island, the city or village and the house or other place wherein the act is published and, where it is
a country or place other than Malta, the name of such country or such place;
(k) (i) the signature, at the foot of the act, in the annexes and in the list, of the notary, the parties, and, if
attestor or an interpreter or witnesses shall have been employed, of such attestors, interpreter or witnesses, saving
the provisions contained in paragraph (g) of this sub-article,
(ii) the notary shall, immediately after his signature at the foot of the act declare his capacity of Notary Public of
Malta in English or in Maltese, either in writing or by means of a sealed stamp, and Notaries Public in Government employment shall
also declare such capacity,
(iii) when the documents annexed to the act exceed five in number, disregarding for this purpose any receipt for duty on documents
paid subsequently to the completion of the act at the office of the Commissioner of Inland Revenue, the notary shall make
a list thereof, separate from the act, and annex it to the act, making an express reference to such list in the act: in
any such case the list shall be signed in the same manner as the act, and the signature on the annexed documents shall be dispensed
with,
(iv) the signature on documents filed as vouchers of
annexed accounts to which such accounts make reference, is likewise dispensed with,
(v) if any of the parties or any of the attestors does not know how to or cannot sign, he shall declare the cause of such inability
or incapacity, and the notary shall make a mention of such declaration before the act is signed;
(l) in the case of a public will contained in several sheets, the signature of the testator, interpreter, witnesses and notary in
the margin of each intermediate sheet.
"Intermediate sheet" means every sheet which forms part of the act except that containing the final signatures.
(2) The signature of the witnesses in the intermediate sheets and annexes referred to in this article shall not be necessary if
all the parties are able to sign.
(3) The above requirements, apart from those stated in subarticle (1)(a), (b), (c), (h), (i), (j) and (k), shall not apply to a notarial deed whereby a trust is created in terms of article 43A of the Trusts and Trustees Act except in the case where it involves any act of settlement under trust or unilateral declaration of a trust of immovable property
or real rights over such property or any vesting or divesting of a trustee in respect of such property or rights.
Cap. 331.
29. (1) Notaries may not make use of abbreviated clauses commonly called et cae t e r a clauses, in any contract of sale, exchan ge, emphyteusis or letting an d hirin g , or in any other contract for constituting a pledge,
or a privilege or a general or special hypothec.
(2) Nor may any notary, in any contract whatsoever, make use of an y et caetera cl au se i m pl yi ng a dero gati on o f any o f t h e provisions of Title IV of Part II of Book Second of the Civil Code.
(3) Where the parties, for the purpose of modifying the effects of the laws relating to contracts in general or to the contracts
of sale, exchange, emphyteusis or letting and hiring, desire to make stipulations which heretofore were deemed to have been made
by the use of an et caetera c l ause, the notary may expre ss s u ch stipulations either by writing out such clause in full and without abbreviations or by using
other expressions signifying the will of the parties.
(4) Any clause inserted in any contract in contravention of sub- articles (1) and (2), shall be void and of no effect.
(5) The provisions of article 1007 of the Civil Code shall not apply to the clauses the use whereof is prohibited by this article.
Use of et caetera clauses prohibited. Ord. VIII of 1859 with the exception of the second part of article 2, consolidated.
Cap. 16.
Cap. 16.
How acts are to be written.
Amended by:
XXXIV. 1979.9.
How alterations in the act are to be made.
hand side and the other on the left-hand side. All annotations and signatures as are required by law to be made in the margin shall
be made in whichever of the said sides is the outer side.
(2) Where it is necessary to remove, vary or add any words before the act is signed by the parties, the attestors, interpreter
and wit n esses, th e n o tary shall ma ke such remo val, v a ri at ion or addition by means of a numbered mark in the place where
such removal, variation or addition is to be made and a note at the end of the act, but before the final signat u res, numbered so
as to correspond to the relative mark; and in any such case, the notary shall cancel the words which it is desired to remove or vary,
in such manner as to leave the words cancelled still legible, and the note at the end of the act shall state the number of words
so cancelled or, as the case m a y be, th at oth e r words are subst ituted for those cancelled, an d containin g imm ediately
aft e r , the word s so substituted.
(3) In the case of a mere addition of words, the notary shall make a numbered mark in the place where the addition is to be made
and a n o te at th e end of th e act, bu t before th e final signatures, numbered so as to correspond to the relative mark, and
containing the expression "words added" and, immediately after, the words to be added.
(4) Any cancellation, addition or variation made otherwise than in the manner aforesaid shall be considered as if it had not been
made.
Acts of delivery of secret wills. Amended by:
XXIV. 2011.27.
Opening and publication of secret wills. Amended by: XI. 1940.3; XXIV. 2011.28. Cap. 12.
32. (1) Secret wills shall be opened and published in accordance with the procedure laid down in article 534 of the Code of Organization and Civil Procedure. The notary who publishes a secret wi ll shall keep a record of such publicati on an d shall preserve and register such record as
in the case of an inter vivos act.
(2) Such procès-verbal shall contain -
(a) the name and surname of the judge or magistrate and the registrar in whose presence the will is opened and published;
(b) the name and surname of the notary;
(c) an indication of the decree ordering the publication;
(d) a statement that the will has been opened, read and published by the notary in the presence of the said judge or magistrate
and the registrar;
(e) the name, surname, the name of the father, the place of birth and death of the testator and in addition, when any of the following
details result from the secret will or its act of delivery, the name and maiden surname of the mother, the date of the testator’s
birth and the official document of identification;
(f) a statement of the fact that both the original of the will and the note of the presentation thereof in court as well as the
notarial act of delivery, if any, have been annexed to the procès-verbal.
33. The protest of a bill of exchange shall be kept and registered as an inter vivos act and shall be drawn up in a single instrument even if the persons against whom it is entered, whether simultaneously or successively,
are two or more.
34. (1) All notarial acts (including the acts which notaries are empowered to receive, perform or issue under the provisions of article
2(2)(b), (c), (d), (e), (f), (g) and (h) shall be drawn up in the Maltese or in the English language as the parties desire:
Provided that where all the parties declare that they are not Maltese-speaking persons nor English-speaking persons, they may require
the use of any language ot her tha n M a lt ese o r Eng lish which is known by the notary and the witnesses; in any such case the
notary shall draw up by the side of the original text or at the end thereof a translation of the act into Maltese or English, and
such translation shall be signed in the manner prescribed in article 28.
(2) The notary shall warn the parties of the importance of the truthfulness of the said declaration and shall record in the act
that he has complied with this requirement and that to the best of his knowledge and belief such declaration is true.
(3) Any party to the act who makes a false declaration, and any notary who receives any act in any language other than Maltese
or English when he knows or has reason to believe that any of the parties is a Maltese-speaking or an English-speaking person, shall
be liable to a fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (116.47) to be imposed by the Court of Revision of Notarial Acts.
(4) Any notary who receives any act without recording therein the said declaration of the parties, or without recording the fact
that he has warned the parties of the importance of the truthfulness of such declaration, shall be guilty of an offence and shall
be liable to a fine (multa) not exceeding eleven euro and sixty-five cents (11.65) to be imposed by the Court of Revision of Notarial Acts.
(5) Where any act is ordered by a judgment or decree of any court, the court s h all in such j u d g m e nt or d e cree sp ecif
y t h e language, in accordance with the provisions, in which the act shall be drawn up by the notary.
(6) In this article the expressions "Maltese-speaking person" and "English-speaking person" shall have the
same meaning as is assigned to them in article 7 of the Ju dicial Proceedings (Use of English Language) Act.
Protest of a bill of exchange. Amended by: XXIV. 2011.29.
Language in which notarial acts are to be drawn up. Amended by: XVII.1929.1; XIII.1933.1;
XXIV. 1935.2; XXIV. 1936.2;
XI. 1937.7; XL. 1965.2;
XIII. 1983.4;
L.N. 408 of 2007.
Cap. 189.
Language in which certificates, etc., are to be written. Added by:
XI. 1937.8.
notarial act into another language. Amended by: XVII. 1929.2: XIII.1933.2;
XXIV. 1935.2.
required for the intelligence of all the parties shall be made by the notary, or, if the notary does not know the language understood
by the parties, by an interpreter chosen by the parties.
(2) The interpreter must have all the qualifications required for a witness and shall not be one of the attestors.
(3) The interpreter must take the oath before the notary to perform his duties faithfully, and a mention of the taking
of such oath shall be recorded in the act.
Procedure when one of the parties is deaf.
Cap. 16.
(2) If such party is illiterate use shall be made of the services of an i nterpreter to be appoin ted by the Civil Court, Second
H al l, possibly from among the persons accustomed to communicate with him, and who can make himself understood by signs and gestures.
The interpreter shall be present at the execution of the deed, saving as regards wills, the provisions of article 669 of the Civil Code.
(3) Such interpreter must possess the qualifications required for a witness and shall take the oath as provided in article 36(3).
(4) Such interpreter may be chosen from among the parents or relatives of the deaf person, but shall not, at the same time, act
as a witness or as one of the attestors.
(5) The interpreter shall sign the act as provided in article
28(1)(k) and (l).
Procedure when any of the parties is dumb, or deaf and dumb.
Cap. 16.
668 of the Civil Code, where any of the parties is dumb, or deaf and dumb, besides the rule laid down in the last preceding article as to
the pres ence of the inte rpre te r the followi ng rules shall be observed:
(a) the party who is dumb, or deaf and dumb and can read and write shall himself read the act and write at the end thereof, before
the signatures, that he has read it and found it to be in accordance with his will;
(b) if such party does not know how to or cannot read and write, it shall be necessary that his sign-language be understood also
by one of the witnesses, or, otherwise, that a second interpreter be present at the execution of the act in accordance with
the rules laid down in article 37(2), (3), (4) and (5).
If interpreter is not named the act is voidable.
(2) In default of compliance with the provisions of sub-article
(1), the act is voidable on the demand of the party in respect of
whom the employment of an interpreter was required.
(3) The said demand shall no longer be competent after the lapse of one month from the date of the publication of the act, or
if the said party shall have given execution to the act.
Null and
annullable notarial
acts.
Amended by:
XXXIV. 1979.10;
XIII. 2005.18;
III. 2008.15.
Substituted by:
XXIV. 2011.35.
(2) A notarial act is annullable:
(a) if it has been received in contravention of any of the provisions of article 12(b), (e), (f), (g), (h), (i) and (j);
(b) if the requirements of articles 36, 37, and 38 have not
Cap. 364.
(c) if the requirements of article 25(6) have not been complied with;
(d) if the notary has not read the act to the appearers, saving the provisions of article 25(6);
(e) if the notary has not explained the act to the appearers; (f) if the notary has not read and explained the act to the
appearers in the presence of the witnesses, when the
presence of witnesses is required by article 25(3).
(3) No action shall lie for the declaration of nullity of an act having any of the defects referred to in sub-article (1)(c), (d) and (e) except on the demand of one of the parties thereto:
Provided that where the defect is that mentioned in sub- ar ticle ( 1)( c), the date of the act shall be deemed to be the one referred to in the proviso to sub-article (12).
(4) No action shall lie for the annulment of an act having any of the defects referred to in sub-article (2) except on the demand
of a party to the act who proves to have suffered material damage as a consequence of such defect or defects.
(5) Subject to the applicable provisions of this article, no action mentioned in sub-articles (3) and (4) shall lie except
within the peremptory terms of ten and five years respectively, such terms to start running from the date of publication of the act
or, where the act is enrolled in the Public Registry or an application has been filed in the Land Registry for the first registration
of, or the dealing with the immovable which is the subject-matter of the act, from the date of its enrolment in the Public Registry
or the application in the Land Registry whichever occurs first.
(6) Without prejudice to the rights already acquired by third parties, an act whic h is null in terms of sub-article (1) may be
rendered valid by a subsequent act and with ef fe ct there o f, hereinafter referred to as an "act of validation".
(7) An act which is annullable on account of any of the defects listed in sub-a r ticle (2 ) may, by a sub s eq uen t act , herei
n af ter referred to as an "act of convalidation", have its validity ab initio confirmed.
(8) Where an act of validation is published in terms of sub- article (6), the notary shall annex to such act -
(a) the original defective act with the available documents annexed thereto, if the original defective act is not preserved
in the records of the notary who published it, or
(b) an authenticated copy of the defective act including a copy of the available annexed documents if it is so preserved;
and, notwithstanding any other law, any duty already paid for the purposes of the Duty on Documents and Transfers Act and any tax already paid for the purposes of the Income Tax Acts regarding the
defective act, shall be deemed to have been paid on account or in full settlement of any such duty or tax that may be due on the act
of validation.
(9) Where any party to a defective act or his successors in title is unable or unwilling to appear on an act to validate or convalidate
as the ca se may be a de fe ctive act , and such party has no t yet brought or is not entitled to bring an action in terms of sub-articles
(3) or (4), any other party to the defective act or his successors in t itl e sh all have th e righ t to appl y to th e Cour t of
Revi si on o f Notarial Acts request ing it to order that an act be published validating or convalidating, as the case may be, the
defective act under su ch term s and cond itio ns as t h e Court m a y consider appropriate, and that curators be appointed to appear
in the name of those parties or their successors in title who fail to appear on such act of validation or convalidation.
(10) The application shall be served on the other parties to the act or their successors in title or their agents.
(11) Where an application has been filed in terms of sub-article (9) for the validation or convalidation of an act, the right any
other party to the act may have hitherto had to bring an action in terms of sub-articles (3) or (4) shall immediately lapse.
(12) Upon being satisfied that the signatures on the defective act are authentic and that the appear ers o n the act had given their
consent thereto, the Court shall order the publication of an act of validation or convalidation, as the case may be, of the defective
act:
Provided that where the act is defective in terms of sub- article (1)(c), but it has been enrolled in the Public Registry or an app licatio n h a s b e en filed in the Land Regi stry for the fi rst regist
ration of , or the deali ng with th e i mmov abl e wh ich is the subject-matter of, the act, the date of the act shall be deemed
to be that contained in such note of enrolment or that referred to in such an application.
(13) The notary publishing the act of validation or convalidation ordered in terms of sub - article (12 ) shall annex to t h e act
t h e registrar ’s declaration that the decision of the Court of Revision has become res judicata.
(14) Saving any other provision of this article and without prejudice to th e rights already acqu ired by th ird parties,
the Minister responsible for notarial affairs may by regulations provide that a notarial act having one or more of the defects mentioned
in an y o f th e par a gr aph s of su b - art i c le (1 ) an d wh i c h has b een
enr o lled in the Public Registr y or in relation to which an app licatio n h a s b e en filed in the Land Regi stry for
the fi rst
registration of, or the dealing with, the imm ovable the subject- matter of, the act, and which had been received either by a notary
who is no longer alive or by one who has ceased to exercise his
fu ncti ons in terms of articl e 14 , shall b e deemed to be vali d n o twithstanding such defect or defect s, and in making such
regulations the Minister responsible for notarial affairs may also
subject the said validity to such terms and conditions as he may consider appropriate.
(15) Saving any other provision of this article, the Minister responsible for notarial affairs may by regulations provide
that no action shall be brought in terms of sub-article (4) to annul a notarial act having one or more of the defects mentioned in
sub-article (2) and which had been received either by a notary who is no longer alive or by one who has ceased to exercise his functions
in terms of article 14, and in making such regulations the Minister responsible for notarial affairs may also subject the said validity
to such terms and conditions as he may consider appropriate.
(16) (a) The applicability of this article to public wills shall be limited to sub-articles (1) and (2) and to the provisions of this sub-article.
(b) A will which is affected by any of the defects mentioned in sub-article (1)(d) and (e) or in any paragraph of sub-article (2) shall not be declared null or be annulled, as the case may be, for the sole reason that
any of the formalities required therein has not been complied with if, after the death of the testator, the person having
an interest in his succession and who brings an action for the declaration of nullity of the will or its annulment, though
aware of the cause of nullity or annullability of the will, either confirmed the will or voluntarily gave execution thereto.
(c) No action shall lie in terms of paragraph (b) unless it is brought within the peremptory term of ten years in case of any of the defects mentioned in sub-article
(1)(d) and (e) and five years in the case of any of those mentioned in sub-article (2), and the said terms shall start running from the
date of the opening of succession of the testator, unless the will is an unica charta one published before the 1st March 2005, in which case the aforesaid terms shall start running from the date of the opening of succession
of the surviving testator.
Penalty to notary in case of other con- traventions. Amended by:
XXIV. 2011.36.
Note in margin of original and register where an act is declared to be null or is annulled. Amended by: XXIV. 2011.37.
42. In the event of an act being declared null or is annulled by a judgment of the competent judicial authority, which has become res judicata, the notary by whom the act was received shall, after the order contained in such judgment has been communicated to him by the Registrar
of the Court, immediately enter a reference thereto in the margin of the original of the act and of the relative register:
Provided that where the original of the act is deposited in the Archives, the communication shall also be made to the Archivist who,
with regard to such act, shall have the same duty imposed on the notary by this article.
43. Without prejudice to anything that may be provided by regulations made in accordance with article 40(14) and (15), the execution
of an act is not deemed to be complete until the act has been published and then signed, at the same time, by the parties, the attestors,
interpreter, witnesses and notary, as the case may be, as provided in article 28(1)(k) and (l).
45A. (1) Without prejudice to the rights already acquired by third parties and subject to the provisions of this article, a notary shall
have, with regard to an inter vivos act in his records, in this article referred to as "the original act", the right to make at any time, a declaratory act
rectifying any of the errors or omissions contained therein. The declaratory act, in this article referred to as a "notarial
corrective act", shall be preserved and registered in the records of the notary.
(2) A notarial corrective act shall not affect the intention of the parties, their consent given in th e original act or an y
of t h ei r personal or real rights emanating therefrom.
(3) A party who agrees with the contents of the notarial corrective act may appear thereon to signify his agreement whether
in whole or in part, and in such a case the provisions of sub-article (9) shall not apply to such party.
(4) A party who has not appeared on the notarial corrective act may appear on a subsequent act published by the same notary and
signify his agreement with the contents of the notarial corrective act.
(5) The errors or omissions that may be the subject-matter of a notarial corrective act are the following:
(a) typing or spelling errors;
(b) mistaken numbers in documents of identification; (c) discrepancies between words and figures;
(d) mistaken currency conversions; (e) mistakes in tax calculations;
(f) mistakes in the root of title; and
(g) any other matter which the Minister responsible for notarial affairs may by regulations determine.
(6) A note for the registration of the notarial corrective act or a subsequent notarial corrective act sh al l be fi led i n
t h e Pu bl ic Registry in terms of article 50 containing the errors or omissions rectified and whether any of the parties appeared
on the corrective act and, in the case of a subsequent corrective act, who appeared thereon.
When execution of an act is deemed to be complete. Amended by:
XIII. 2005.19; XXIV. 2011.38.
No alteration in the act after it has been published and signed.
Rescission, variation or cancellation to be made by separate act.
Notarial corrective act.
Added by:
XXIV. 2011.39.
(7) The Director of Public Registry shall accept a note so filed notwithstanding any provision of this Act or any other law.
(8) The notarial corrective act shall not be effective against t hir d p ar ti es unti l t he r elativ e no te has b een f
iled in the Pu blic Registry.
(9) The notary shall cause a copy of the notarial corrective act to be sent by registered mail within fifteen days thereof to the
present or last known address of the parties to the original act or their agents or representatives or successors in title, but th
is provision shall not apply to any of the parties who appeared on the notarial corrective act in terms of sub-article (3) or on
a subsequent notarial corrective act in terms of sub-article (4).
(10) Except for a party who had signified his agreement in terms of sub-articles (3) or (4), and to the extent that he has done so,
the declarations made in a notarial corrective act may be rebutted by any of the p a r ties to the o r iginal act or their
agents or representatives or their successors in title within the peremptory term of two years from the date of receipt of the
copy mentioned in sub-article (9), after which time the declarations on the notarial corrective act shall form an integr al part
of the contents of the original act.
(11) Such rebuttal shall be made by another declaratory act in the acts of any notary, duly enrolled in the Public Registry in terms
of article 50, indicating such rebuttal, in whole or in part, of the notary’s rectifi c atio n of erro rs or o m i s sio n s, an
d such n o te of enrolment shall have the effect of annulling the declarations made by the notary in the notarial corrective act,
with regard to all the parties to t h e ori g inal act includi ng any party who m a y have appeared on a notarial corrective act
or a subsequent notarial corrective act in terms of sub-articles (3) or (4):
Provided that where the act of rebuttal is in the records of a notary who is different from the one who published the notarial co
rre ct iv e ac t, a co py of su ch a c t o f re bu tta l s h a ll be s e nt by registered mail within fifteen days thereof to the
notary who published the notarial corrective act or the keeper of his acts.
(12) Where a notary has died or ceased to perform his functions in terms of articles 14 or 15(1), the notarial corrective act may
be made by any notary.
(13) Any notarial corrective act purporting to add, reduce, modify or cancel any real or pe rson al right s or to af fect
the privileged or hypothecary standing or ranking of any creditor shall be null, and may be rebutted in terms of sub-article (11).
(14) A notary who negligently publishes a notarial corrective act or a subsequent corrective act as stated in sub-article (13) shall
be liable in damages towards any of the parties or his successors in title adversely affected by such act.
Ratification in certain cases. Added by: XXIV. 2011.40.
shall, upon the lapse of the period of forfeiture of twenty years from the date of its publication, be automatically ratified and shall be deemed always to have been valid.
(2) The notary shall make annotations relating to registrations made in any regi stry, to the re scission, variation, cancellation, validation or convalidation made by notarial act, to notarial corrective acts and subsequent corrective acts, to the declaration of nullity of an act or its annulment made by a judgement of the competent judicial authority, and to any other declaration relating to the act itself and which the notary is bound to make according to law.
Annotations that may be made. Amended by: XXXIV. 1979.11; XXIV. 2011.41.
(2) Where the original act referred to in sub-article (1) is deposited in the Archives, the notary shall, besides entering
the reference in the register as provided in sub-article (1), submit to the Archivist within one month of receiving the act a copy
of the note filed in terms of article 50 or, if the act is not so registerable, a copy of t h e act o f resci ssio n , c a nce l
l a ti on , v a riat io n, val i d a t i o n , convalidation, or of the notarial corrective act or sub s equen t corrective act.
(3) If the notary receiving the act of rescission, cancellation, variation, validation, convalidation, or the notarial corrective
act or su bsequ e nt corr ecti ve act is no t t h e same as the one wh o h a d re ce ived the act so res c inde d, cancelled, varied,
val i dated, convalidated or corrected, he shall within one month of receiving the act submit to such notary, or to the keeper of
such act, and to the Archivist a copy of the note or of the act as provided in sub- article (2).
(4) The notary who had received the act so rescinded, cancelled, varied, validated, convalidated or corrected
or, as the case may be, the keeper of such act, shall within fifteen days from receipt of the note or copy enter a reference to the
act of rescission, cancellation, variation, validation, convalidation or to the notarial corrective act or subsequent corrective
act in the margin or at the foot of the original act and of its registration in the register and, where the original is deposited
in the Archives, the provisions of this sub-article shall mutatis mutandis apply to the Archivist.
(5) The notary who had received the act so rescinded, can c elled , varied, validated, convalidated or corrected
, or the keeper of such act, and the Archivist shall issue a receipt to the notary submitting the note or the copy, as the case
may be, and the Archivist shall annex the note or the copy to the original act.
(6) Where the Archivist receives the note or the copy in terms of
References to other acts, and how made.
Substituted by: XXIV. 2011.42.
sub-article (3) but the original act is not deposited in the Archives, the Archivist shall return the document to the notary or the keeper of his acts advising him that the original is not yet so deposited.
Receipt to be furnished to the Public Registry Office.
References to acts to be given or noted at request of parties.
Acts whereof a note is to be delivered to the Director of the Public Registry. Amended by: XXXIV. 1979.12; XIII. 2004.47; XIII. 2007.14; XXIV. 2011.44.
Cap. 331.
48. (Repealed by XXIV. 2011.43).
49. (Repealed by XXIV. 2011.43).
(a) any act inter vivos transferring the ownership of immovable property or other real rights over such property;
(b) any act inter vivos creating or varying any praedial easement or any right of usufruct, use or habitation relating to immovable property, or
containing any renunciation of such easement or right;
(c) any act of emphyteusis or sub-emphyteusis or of reduction or redemption of ground-rent, or of renunciation
or rescission relating thereto;
(d) any public will or any publication of a secret will;
(e) any marriage contract, settlement of dowry, variation of or counter-declaration respecting any marriage contract, separation
of property between spouses, or cessation of the community of acquests;
(f) any act creating an annuity, in perpetuity or for a time as a real burden on immovable property;
(g) any act imposing any burden, in perpetuity or for a time, on immovable property;
(h) any act of compromise affecting immovable property or real rights over such property;
(i) any act of partition of immovables or any declaration affecting the ownership of immovables or any rights over immovables;
(j) any act of assignment of hereditary rights;
(k) any act of renunciation made by any person on taking religious vows;
(l) any act of settlement under trust or unilateral declaration of a trust of immovable property or real rights over
such property or any vesting or divesting of a trustee in respect of such property or rights and any act of settlement under
trust of any other property made in accordance with article 43A of the Trusts and Trustees Act when the trustee is a private trustee as defined in the said Act;
(m) any act whereby a private foundation is established;
and any act of rebuttal in terms of article 45A.
(2) The said note must contain the date and nature of the act, the designation of the parties in accordance with article 28(1)(c), a precise designation of the things forming the subject-matter of the act in accordance with article 28(1)(f), and, in the case of an act in which the value can be determined, an indication of such value.
(3) In the case of a public will or of the publication of a secret will, the note shall only contain the date and nature of the
act and the designation of the testator in accordance with article 28(1)(c).
(4) The said note shall be signed by the notary who received the act or who is the keeper thereof.
(5) It shall not be lawful to draw up two or more notes on one sheet.
(6) The notary shall, together with the said note, present to the Director of the Public Registry a copy thereof and such copy
shall be countersigned by the said Director who shall affix thereto the date and his signature as evidence of the presentation.
(7) The provisions of the Public Registry Act shall apply to the drawing up of the said notes, as well as to the drawing up of notes of hypothecation and of all other notes filed
in the Public Registry.
(8) In the case of a deed of settlement under trust of property which is not immovable property, the note shall only contain the
date and n at u re o f th e act a nd th e desi gnatio n of the settlo r in accordance with ar ticle 28(1)( c); provided that the notary shall have no obligation and shall not register such note if the settlor has exempted him from so doing
in the trust deed and the trustee is a person who is authorised or not required to be authorised to act as a trustee in terms of
article 43 of the Trusts and Trustees Act.
(9) In the case of a deed creating a private foundation, the note shall only contain the date and nature of the act and the designation
of the founder in accordance with article 28(1)(c):
Provided that the Notary shall have no obligation and shall not register such note if the founder has exempted him from so doing
in the deed establishing the foundation and the administrator is a person who is authorised or not required to be authorised to act
as an administrator for a private foundation in terms of article 43 of the Trusts and Trustees Act.
Contents of note.
Copy to be countersigned by Director of Public Registry.
Cap. 56.
Cap. 331.
Cap. 331.
51. (Repealed by XXIV. 2011.45).
Notary to give notice of any transfer of immovable property in favour of any pious institution. Amended by: XI.1937.12;
L.N. 46 of 1965; LVIII.1974.68.
Legal hypothecs to be registered by notary.
Amended by: XVII. 1960.2; XLVI. 1973.108;
XXIV. 2011.46.
(2) A similar duty is imposed on the notary who is the keeper of any such act.
(3) The notary shall, together with the note by means of which an assignment, subrogation, reduction or cancellation of any hypothec
or privilege is registered, present to the Director of the Public Registry a copy thereof which shall be countersigned by the said
Director who shall affi x thereto the date and his signat ure as evidence of the presentation.
Duties of notaries residing in Malta receiving certain deeds relative to immovables situated in Gozo or Comino.
Added by: II. 1983.3. Amended by: XIX. 1988.7.
Duties of notaries residing in Gozo or Comino receiving deeds relative to immovables situated in Malta. Added by: II.1983.3.
Amended by. XIX. 1988.8.
Custody and safe keeping of acts. Amended by:
XII. 1955.3; XXXIV. 1979.13; XXIV. 2011.48.
53. (Repealed by XXIV. 2011.47).
54. (Repealed by XXIV. 2011.47).
TITLE II
OF THE CUSTODY OF ACTS AND OF THE NOTARIAL REGISTERS
(2) For the purposes of sub-article (1) the notary shall bind in volumes, in chronological order, all the acts received by him
in the course of a year, affixing on the margin of each act a progressive number; each annexe shall have a distinguishing alphabetical
letter.
(3) All the written pages of the said acts received in the course of a year and of the annexes thereto shall bear a progressive
number:
Provided that where any of the written pages or annexes bears a similar progressive number, the notary shall either rectify the error
and initial the correction or add to the page number a distinguishing alphabetical letter which he shall initial. In the latter case,
he shall at the end of the volume make a signed declaration referring to the pages
where such letters have been added and shall state that he has done so to avoid duplication in the volume’s pagination.
(4) Public wills, however, shall be bound in separate volumes, and those received in the course of a year shall likewise bear in
the margin of each a progressive number, and all their written pages and annexes shall also bear a progressive number:
(5) The volumes of public wills shall be kept separate from the other volumes, and under lock and key.
(6) Both in the minute-book and in the register, a blank leaf cancelled on eith er sid e by two transversal lin es must be l e
f t between the end of one public will and the beginning of another.
(7) (a) Both wills and acts inter vivos shall be numbered within twenty-four hours of the execution thereof.
(b) The numbering of the written pages and annexes, if any, shall be made within twenty-four hours of the execution of a
will, and within thirty days in the case of any other act.
(2) On every such unwritten page or part thereof between one act and another the notary must, within twenty-four hours of the execution of the act, draw two transversal lines across the whole length of the unwritten space.
Title of act.
Blank pages to be crossed.
(2) The notary shall make a signed declaration at the end of each volume , that he has collated the re giste r with the relative
original acts.
(3) No erasure shall be made and there shall be no cancellation or addition of more than fifty words in or to any one act in the
register:
Provided that where any words are cancelled and substituted by any one or more words, account shall only be taken of
the number of words cancelled or words added in substitution thereof, whichever is the greater.
(4) The provisions of article 30 as to the mode in which the o r igi n al act s are to be written, and any v a ri at ion, ad diti
on o r cancellation is to be made, shall also apply to the registration of the
Registration of acts.
Amended by: XI. 1937.9:
XXXI. 1946.4.
Mode of registration. Amended by: XXX. 1973.9; II.1978.7;
XXXIV. 1979.14; II. 1983.4;
XXIV. 2011.49.
acts, and any variation, additi on ma de in the original act as provided in that article shall in the registration of the act be copied
in its proper place in the body of the act:
Provided that no single volume shall be partly handwritten and partly typewritten or printed, except that where any part of the original,
or any annexe attached thereto, is printed, a facsimile of the same may be used in the registration thereof:
Provided further that cancellations and additions referred to in sub-article (3) may be hand-written notwithstanding that the register
is typewritten or printed.
Wills to be separately registered. Amended by: XXIV. 2011.50.
Numbering of registers. Amended by: XXIV. 2011.51.
60. The registers of public wills received by the notary during a year shall be kept separate from the registers of the acts inter vivos received during the same year, and shall be bound in separate volumes.
(2) Such numbering shall begin, both for the registers of wills and for the registers of acts inter vivos, from the first page of the respective first act and shall continue to the last page of the last act received during the year.
(3) The proviso to sub-article (3) of article 55 shall mutatis mutandis apply.
Volumes not to contain more than
750 pages.
Substituted by:
II. 1983.5;
XXIV. 2011.52.
Provided that where any single act is contained in more than three hundred and fifty pages, the original or register of such act may be contained in a separate volume containing that sole act, and in such case such volume may consist of more than three hundred and fifty pages.
Registers of two or more years may be bound in one volume.
Indexes. Amended by: XXIV. 2011.53.
64. (1) Every notary must keep two alphabetical indexes, one of the deeds inter vivos, and the other of wills.
(2) The provisions of sub-article (1) apply both as regards the original acts received during the year and as regards the registers
of such acts.
(3) The said indexes shall be formed in the alphabetical order of the surnames of the parties, and every act shall be entered under
the surname of ea ch of the par ties thereto. Such inde xe s shall contain the name and surname of each of the parties, the nature
of the act, the progressive number thereof.
(4) The time for the formation of such indexes is the same as that fixed for the registration of the acts under article 58.
67. The originals and the registers of acts inter vivos shall be open to the inspection of any person.
(2) The Notary who had drawn up a will unica charta or his k e eper o r delegate No tary shall , a f te r the de ath of one of the testators and without the need of any further authorisation,
have the authority to issue to any person an extract from such will which sh al l contain all the tes t am entary disp ositions
of the decease d testator:
Provided that with regard to such will published before 1st March 2005, the notary shall, instead of an extract, issue a declaration
containing the substance of the testamentary dispositions of the deceased testator in such a way that the dispositions of the surviving
testator shall not be divulged. Where the notary encounters difficulties in drawing up the declaration, he shall have the right to
apply to the Court of Voluntary Jurisdiction requesting it to give him directions as to the manner in which the declaration is to
be made; and the court shall give him such directions as it deems fit.
Preservation of registers and indexes.
Notary’s responsibility for loss, etc., of acts, etc.
Inspection of acts
inter vivos.
Wills, etc., not open to inspection. Amended by: V.1939.2,3;
L.N. 148 of 1975; XXXIV. 1979.15;
II. 1983.6;
XVIII. 2004.114;
XXIV. 2011.55.
Rules as to inspection of wills unica charta.
68A. (1) All deeds of trusts done by notarial deed in terms of arti cl e 43A of the Tr usts and Tr ustees A c t , ex cept any act o f settlement u nder tru s t or u n ilate ral declarati on o f a trust of immovable property or real rights over
such property, and any vesting or divesting of a tr us tee in respect of such property or rights, shall not be accessible to any
person other than the settlor, the trustee or such other person as may be permitted access by the terms of the trusts, the applicable
law or under authority of any court.
(2) The same rules shall apply to all other documents relative to a trust held by the depository notary in terms of the said Act.
(3) In the case of a testamentary trust, the provisions of this Act which apply to wills shall apply mutatis mutandis; however, the p r ov isions o f t h is article sh al l n o t ap ply to al l do cumen t s subsequently filed with the depository notary
in accordance with article 43A of the Trusts and Trustees Act.
(4) For the better carrying out of its functions under the Trusts and Trustees Act, the Authority, as defined in the said Act, shall
Accessibility of deeds of trust. Added by:
XIII. 2004.48.
Cap. 331.
Cap. 331. Cap. 331.
have the right an d power to dem a nd inform ation from any depository notary relating to any trust documents in his possession and in such a case the depositary shall provide such information and documents as may be requested notwithstanding any duty of professional secrecy.
Notarial deed creating a private foundation. Added by:
XIII. 2007.14.
to a notarial deed creating a private foundation.
Originals not to be delivered to any person. Exception. Amended by:
XIX. 1988.9.
(2) It shall not be lawful to return to any of the parties to an act, or other person interested therein any of the annexes thereto except in pursuance of an order to that effect of the competent court; in any suc h case, the nota ry must keep a m ong the acts a receipt together with an authentic copy of the annexe so returned and a copy of the order directing such return.
Procedure to be followed in case of death, cessation from exercise of office, suspension or absence of a notary.
Amended by: XI. 1937.10; II.1978.8.
(2) In the case of rehabilitation of the notary in accordance wit h th e provi sions o f article 14 (2), o r of cessati on o f th e suspension inflicted upon him in terms of article 15, or of his return to Malta, the notary may apply to the said court for the restitution of the aforesaid registers and indexes.
The notary is the owner of his registers. Amended by:
II. 1978.9; XXIV. 2011.58.
(2) He may dispose of the said registers and respective indexes as a whole in favour of any person by a public deed or by will.
(3) The original acts, registers and indexes, shall not be subject to any precautionary or executive warrant and may not be sold
by judicial auction.
Procedure in case of alienation of acts and registers. Amended by:
II. 1978.10.
(2) In any such case, such notary shall remain responsible for the safe keeping of the acts and registers until such time as, on
his
demand or on the demand of the alienee the said court shall have appointed as keeper thereof the alienee himself, if he is a notary,
or otherwise, another notary proposed by the alienee and accepted by the said court.
Duties of keeper or custodian.
TITLE III
OF COPIES, EXTRACTS AND DECLARATIONS
(2) The notary is bound to give any copy, extract or declaration required by any person:
Provided that he may refuse to give any such copy, extract or declaration, if the person requiring the same shall not deposit with
him the amount of fees and expenses, or until full payment of the fees, accessory charges and expenses shall have been made.
(3) The notary shall not permit the inspection or the reading of any will or give any copy of or extract from such will, during
the lifetime of the testator, except to the testator himself or to a person holding a special authority from him duly authenticated,
or to other persons in the presence of the te stator, saving the provisions of article 68(2) and of article 81(4).
(4) Saving the provisions of articles 205 and 207 of the Civil Code, the notary shall not on the mere allegation of the death of a testator give any copy of a will, extract thereof or declaration,
or make its contents or even its existence known to any person, unless such person produces an extract of the act of death of the
testator which extract shall be retained by the notary.
(5) Where a copy of a will, whether authenticated or not, is issued -
Amended by: XXIV. 2011.59.
Notary has the sole right to allow inspection of acts and give copies thereof.
Amended by: XXXVII. 1933.4;
II.1978.11; II. 1983.7; XIX. 1988.10;
XXIV. 2011.60.
Notary is bound to give copies. Exceptions.
Cap. 16.
(a) the notary shall state in writing at the end thereof: (i) to whom such copy has been issued;
(ii) where the copy has not been issued to the
testator himself, that he has ascertained either that the testator is dead or that the person to
whom the copy is to be given is duly authorized
to receive it;
(b) when the testator is still alive, the person to whom the copy is given shall on receipt thereof sign such copy in the presence
of the notary.
(6) Where an extract is issued in terms of article 68(2) or a declaration is issued in terms of the proviso to such
sub-article, the notary shall state in writing at the end thereof to whom such extract or declaration has been issued after duly
ascertaining that the provisions of such sub-article or proviso apply.
(7) The provisions of sub-article (4) and of sub-article (5)(a)(ii) and (b) shall not apply where one hundred years have elapsed after the making of the will.
How copies and extracts are to be written.
Provided that any variation or addition made in the original act or in the register as provided in the said article and in article
59 shall be copied out in its proper place in the body of the act and not by means of a marginal note.
(2) Copies may also be printed or prepared by other mechanical means, provided the impression of the characters be made with indelible
ink.
(3) The notary, however, may not remove from his office the original acts or registers even for the purpose of preparing copies
as provided in sub-article (2).
Contents of copies, extracts and declarations. Amended by:
XXIV. 2011.62.
(2) An extract contains a faithful transcription of one or more parts of an act in conformity with the original or the register;
it must always reproduce the commencement and the conclusion of the act.
(3) Besides the information referred to in the proviso to article
68(2), a declaration made in terms of such proviso shall contain the
date and time when the will was executed, the name of the notary who received it, and the full particulars of the deceased testator
and the witnesse s, the atte stors a n d the interpreters, if any, and a
transcription or the substance of any annexe to the will but only to the extent that such annexe refers to the deceased testator:
Provided that where the contents of an annexe refer e x clusively to the de ce as ed testa t or, the notary may issue a photocopy
of such annexe.
Issue of copies, extracts and declarations. Substituted by: XXIV. 2011.63.
(2) Every declaration in terms of the proviso to article 68(2)
shall bear at the end the date of its issue, and the notary shall affix his signature thereto and the words "declaration made
in terms of the proviso to article 68(2) of C h ap te r 55 " o r ot he r sim i l ar expression.
(3) If the copy, extract or declaration consists of more than one page, each page shall be signed in its margin or at its foot
by the notary or the Archivist.
(4) The notary shall transcribe or make a photocopy of any or all of the annexes to the act or register if he is requested to do
so by the person requiring the copy or the extract.
(5) The notary shall transcribe at the end of every copy, or in the margin of its first page, the references to other acts entered
in the original act or in the register as the case may be.
Declaration where a paleographer, photographer or other expert is employed.
TITLE IV
OF ACTS WHICH ARE DELIVERED IN ORIGINAL TO THE PARTIES, OF THE AUTHENTICATION AND LEGALIZATION OF SIGNATURES OR CROSS-MARKS
(a) the procès-verbaux;
(b) the authentications of signatures and cross-marks; and
(c) the acts and certificates referred to in article 2(2)(c), (d), (e), (g) and (h).
Acts which may be given out in original.
Amended by: XXIV. 2011.64.
Provided that as regards the signatures or cross-marks in the m a rg in and in the intermediate sheets, the signatur e of the n
o ta ry a l one , und er suc h s i g n at ures o r cro s s - ma rks s h al l be sufficient.
(2) The notary does not assume any responsibility for any nullity or irregularity contained in any writing authenticated
by
Authentication of signatures or cross- marks.
him, except where such writing contains any stipulations contrary to good morals.
TITLE V
Fees payable to notary. Amended by: XXIV. 2011.65.
OF FEES, CHARGES AND OTHER EXPENSES DUE TO NOTARIES
(2) If the act is null or annullable for any cause attributable to th e n o tary, the notary shall not be entitl ed to any f ee
or to the reimbursement of the expenses or to any other charge.
(3) The fees and the accessory charges payable to the notary shall be those fixed in the Tariff relating to the Notarial Profession
and the Notarial Archives in the Schedule annexed to this Act.
(4) Such fees and charges shall be taxed by the court of voluntary jurisdiction, which, for the purpose of taxing the
fees due in respect of a will, during the lifetime of the testator, may cause the contents of such will to be examined by its deputy
registrar, after administering to him the oath to maintain secrecy in regard to all the provisions of such will.
Where act contains several distinct covenants.
Expenses and fees | 83. | (Repealed by XXIV. 2011.66). |
to be noted on | ||
copies. Joint and several | 84. | The parties are jointly and severally liable towards the |
liability of parties towards notary.
notary for the payment of the fees and charges due to him as well as for the re imbursement of the ex penses, except in the case of services rendered by the notary in the exclusive interest of one or some of the parties only.
PART IIIA
Formalities relating to notarial trust deeds.
Added by: XIII. 2004.49.
Cap. 331.
OF NOTARIAL TRUST DEEDS
84A. (1) The formalities for notarial acts for the settlement of property under trusts, including unilateral declarations of trusts and
the vesting and divesting of a trustee in respect of trust property applicable when a settlor wishes to create a trust by means
of a notarial trust deed or when it is mandatory to do so in terms of article 43A of the Trusts and Trustees Act, shall be laid down from time to time by the Authority referred to in the Trusts and Trustees Act:
Provided that where the deed involves the transfer, vesting or divesting of any immovable property or real rights over such property,
a notarial act shall be drawn up in accordance with Part III of this Act.
(2) The custody of notarial trust deeds and other trust documents relative to the same trust and their registration
by the notary, access thereto and the issue of copies and extracts therefrom may also be regulated by such rules.
(3) In this article "notarial trust deed" shall include such notarial deed whereby a trustee declares an inventory
of assets placed under trust in terms of article 43A of the Trusts and Trustees Act.
Cap. 331.
to a notarial deed creating a private foundation.
Notarial deed creating a private foundation. Added by:
XIII. 2007.14.
PART IV
OF THE NOTARIAL COLLEGE AND OF THE NOTARIAL COUNCIL
(2) The names of the members composing the Notarial Council shall be published in the Government Gazette.
Notarial College.
Notarial Council
(2) Without prejudice to the generality of sub-article (1), the Code of Eth i cs made in t e rms of article 92(2 ) may define an y matter referred to in sub-article (1) as a breach of ethics.
Notarial Council to communicate with the Government, and vice versa.
Duties of Notarial
Council.
Amended by:
XXIV. 2011.68.
Power of Council to admonish notary.
Amended by: XI.1937.12:
L.N. 46 of 1965;
LVIII. 1974.68;
XXIV. 2011.69.
(2) Where within a period of five years the Council has ad moni shed a n o tary thr e e ti mes for su ch cond uct, abu s e, negligence or a breach of ethics, he may be suspended from office by the Court of Revision for a period from one to six months upon an application be in g made to the Court by the President of the Council.
Conditions for validity of a decision of Council. Amended by: XI. 1937.12;
L.N. 46 of 1965; LVIII. 1974.68.
Right of appeal to
Court of Revision.
Power of Notarial Council to make regulations. Amended by: XXIV. 2011.70.
(2) The Notarial Council shall have the power to make and amend, with the appro v al of the Not a ri al Col l eg e, regu lat i ons respecting a Code of Ethics for Notaries.
Such regulations to be approved by the Minister responsible for notarial affairs. Amended by: XXV.1962.4;
L.N. 4 of 1963; XXXI. 1966.2;
IX. 2000.3.
Annual fee due to the Council. Added by:
XXIV. 2011.71.
article 94A(12)(d). The annual fee shall be revised according to the cost of living index every ten years from basis year 2011 and, in default of such an index, in terms of regulations made under this Act.
Minister responsible for notarial affairs
shall have power to dissolve the Notarial Council.
Amended by: XXV. 1962.4; L.N. 4 of 1963;
XXXI. 1966.2; IX. 2000.3.
PART V
OF THE NOTARIAL ARCHIVES
(2) Each of the said Archives shall have a keeper or archivist, who shall be also the treasurer thereof, and such other personnel
as shall be necessary for the requirements of the service.
(3) Before entering upon the exercise of his office, the archivist shall take before the Court of Appeal the oath of allegiance
in terms of article 10 of the Code of Organization and Civil Procedure, and the oath of office as follows:
"I, ................. , promise and swear, that 1 will faithfully observe all the laws of Malta and that 1 will faithfully and with
all honesty and exactness carry out the duties of Keeper of the Archives to the best of my knowledge and ability. So help me God".
In the case of absence or other lawful impediment of the keeper or archivist, his duties shall be carried out by such officer as may
be designated by the Minister responsible for notarial affairs or in accordance with arrangements made by the said Minister.
(2) Saving, as regards the office of Chief Notary to
Government or of Notary to Government, the provisions of article
22(3), the o ffice of Archivist or other officer attached t o the Archives shall be incompatible with the exercise of the notarial
or any other profession and with any other public office.
Archives and officers thereof.
The archivist shall take oaths of allegiance and office.
Cap. 12.
Appointment of archivist. Amended by: XXXI.1946.5; L.N. 4 of 1963; XXX.1973.10; II.1978.12; IX.2000.3.
Incompatibility of office with any other public office.
(a) all original notarial acts received by deceased notaries previously residing in Malta, with the respective indexes;
Acts deposited for preservation in the Archives of Malta. Amended by:
XI. 1937.11; II. 1983.8;
XXIV. 2011.73.
residing in Malta who, for any cause whatsoever, have ceased to exercise the notarial profession, with the respective indexes;
(c) all the original notarial acts received by notaries residing in Malta, with the respective indexes, when such acts and
indexes require to be deposited in the Archives or are seized under the provisions of this Act;
(d) all the registers of notarial acts received by notaries residing in Malta when such registers belong to the Government, or
belong to private parties but, for any reason whatsoever, have no keeper or notary delegate, or when such registers are seized
from the possession of such notaries for any lawful cause under this Act.
Acts deposited for preservation in the Archives of Gozo. Amended by:
II. 1983.9; XXIV. 2011.74.
(a) all the original notarial acts received by deceased notaries previously residing in the Island of Gozo or of Comino, with
the respective indexes;
(b) all the original notarial acts received by notaries residing in Gozo or Comino, who, for any cause whatsoever,
have ceased to exercise the notarial profession, with the respective indexes;
(c) all the original notarial acts received by notaries residing in Gozo or Comino, with the respective indexes, when
such acts and indexes require to be deposited in the Archives or are seized under the provisions of this Act;
(d) all the registers of notarial acts received by notaries residing in Gozo or Comino when such registers belong to the Government,
or belong to private parties but, for any reason whatsoever, have no keeper or notary delegate, or, when such registers
are seized from the possession of such notaries for any lawful cause under this Act.
Ss. 68 and 69 to apply to acts deposited in the Archives.
Duties and responsibilities of archivist. Amended by:
XI. 1937. 12; L.N. 46 of 1965;
LVIII. 1974.68.
Archivist to collect fees.
Amended by: XXX1.1946.6.
(2) Every notary may, during his lifetime, without payment of any fee, insp ect any of t h e origin al acts received by him and
deposited in the Archives and give out any copy or extract of or from such acts.
(3) Notaries delegate and keepers shall have a similar privilege.
(2) A special register shall be kept in the Archives wherein the archivist shall enter daily all the copies and extr ac ts issue
d on payment in terms of the law, stating by whom the demand for the issue of such copies and extracts has been made.
(3) Due mention shall be made on the copy or extract of the entry made in the register, and the progressive number assigned in
such register to the act so issued shall also be stated.
(4) The provisions of articles 76, 77 and 78 shall apply to the copies or extracts issued from the Archives.
Archivist to permit the inspection and to give out copies of acts deposited in the Archives. Amended by: XXXIV. 1979.16; XIX. 1988.11.
Special register to be kept by the archivist.
Duties of Archivist in the delivery of copies and
extracts.
(2) Such index shall be kept in the alphabetical order of the surnames of the notaries and must show in respect of each notary,
his name and surname, the number of volumes of acts and registers, the number of pages of each volume, the date of the first and
last act re ceived by him, and a n indi ca tion of the article and shelf wherein his acts are preserved.
(3) Where any portion of the acts or registers of any of the said notaries exists in other Archives, a mention of such fact shall
also be made in the said index.
(4) The said index shall be open to the inspection of any person free of charge.
(5) The provisions of this article shall apply to acts and registers of acts published up to and including the 31st December 2011
and deposited in the Archives at any time.
Indexes of acts deposited in the Archives. Amended by: XXXI. 1946.7; XXIV. 2011.75.
Index open to inspection free of charge.
(2) The provisions of this article shall also apply to the registers of such acts which may be deposited in the Archives.
(3) The Minister responsible for notarial affairs shall prescribe the manner in which such index is to be kept and the information
it shall contain.
General index of notaries.
Added by: XXIV. 2011.76.
by archivist. Substituted by: XXXI. 1946.8(2). Amended by: II.1978.13;
XXIV. 1979.18.
extrac ts from any notarial act depo sit e d in th e A r chi v es, th e archivist shall collect the fees due in accordance with the
Tariff relating to the Notarial Profession and Notarial Archives in the Schedule annexed to this Act, to the notary who is the
owner or keeper of the relative register.
(2) The archivist shall give an account of the fees collected as aforesaid and pay such fees to the notaries concerned, at least
once every year.
Prohibition to remove any act from the Archives without an order of court.
Amended by: XXIV. 2011.77. Cap. 408.
Original acts and registers thereof to be kept in separate places.
Office hours. Amended by: L.N. 4 of 1963; XXXI. 1966.2; II.1983.10; IX.2000.3.
105. Saving the provisions of the Notarial Acts (Temporary Provisions) Act, the acts, registers, registers and indexes deposited in the Archives may not be removed therefrom without an order of a court of justice, and, where any such order is made, the archivist shall see that suc h acts, register s o r in de xes be rep lace d in t he Archives as soon as the purpose for which they shall have been removed from the Archives, shall have been served.
(2) Unless the act constitutes a graver offence under any other law, any person who enters or remains in the Archives outside such days and hours without the permission of the archivist or of the Court of Revision of Notarial Acts, shall be guilty of an offence and shall on conviction be liable to the punishment established for contraventions.
Persons entering the Archives shall obey orders of the Archivist. Substituted by:
II. 1983.11.
(2) Any person disobeying any directives given in terms of sub-article (1) shall, unless the act constitutes a graver offence, be guilty of an offence and shall be l i ab le, on co nv ict i o n , to th e punishment established for contraventions.
Expenses required for the preservation of acts.
Amended by: II. 1978.14;
L.N. 181 of 2006;
L.N. 186 of 2006.
PART VI
OF THE SUPERVISION OVER NOTARIES, THE ARCHIVES AND THE PUBLIC REGISTRY, OF THE COURT OF REVISION OF NOTARIAL ACTS, AND OF DISCIPLINARY PUNISHMENTS
TITLE I
OF THE SUPERVISION OVER NOTARIES, THE ARCHIVES AND THE PUBLIC REGISTRY, AND OF THE COURT OF REVISION OF NOTARIAL ACTS
(2) The court shall consist of such members, called Visitors, as the Minister responsible for notarial affairs may appoint for
such period as may be specified in their appointment. The Visitors shall be appointed from among retired Judges of the Superior
Courts, retired magistrates, and from among advocates and notaries public who have practised their profession for not less than seven
years:
Provided that a notary public shall not be appointed a
Vi si tor unl ess he has resigned hi s office as provided in article
14(d).
(3) The court shall at all times be duly constituted when three or more Visitors, of whom one at least shall be a retired judge
or a retired magistrate and who shall preside, are sitting together.
(4) Visitors may separately carry out inspections and apply the di sc ip lin ary pun ish m ent o f adm o n i t i o n and reprim
an d or fin e (ammenda).
(5) Notaries shall be charged for such supervision and inspection such fees as may be contained in the Schedule to
this A c t. Such fees shal l be pai d to t h e Reg i st rar of the Court of Revision of Notarial Acts.
Court of Revision of Notarial Acts. Substituted by: VIII. 1958.2. Amended by:
L.N. 4 of 1963; L.N. 148 of 1975; XXXIV. 1979.19; IX.2000.3;
VI. 2001.6.
Decisions to be notified to the Attorney General and to archivist or other notary concerned. Amended by: XI.1937.12;
L.N. 46 of 1965; LVIII.1974.68.
Right of appeal.
Amended by:
XI. 1937.12;
L.N. 46 of 1965;
LVIII. 1974.68;
VI. 2001.6.
Procedures and fees.
Added by:
VI. 2001.6.
Cap. 12.
Provided that until such fees are so established by the Minister , the fees contained in Schedule A to the Code of Organization and Civil Procedure shall apply.
(2 The board established under article 29 of the Code of O r gani zatio n and Civ il Pro cedure may m a k e ru les go vern ing applications under article 112 of this Act.
Procedure. Amended by: VIII. 1990.3;
L.N. 181 of 2006; L.N. 186 of 2006.
(2) Such court shall, for the exercise of its functions, the execution of i t s orders under thi s Act , the main ten
a nce of th e respect due to it and the good order of its sittings, have the same powers as are by law given to the Court of Magistrates,
and the laws relating to the service of summonses in connection with, and the conduct of proceedings before the Court of Magistrates
shall, in every other respect, apply to the service of sworn applications and to all other proceedings of the said Court of Revision.
(3) In the case, however, of suspension from or deprivation of office, the said court shall have power to order the proceedings
to take place in public.
Registrar of the court.
Amended by: L.N. 4 of 1963; VIII. 1990.3.
Inspections without previous notice. Substituted by: XXXI. 1946.9. Amended by: L.N. 46 of 1965; LVIII. 1974.68; XI.1977.2.
Cap.294.*
(2) In making the request referred to in sub-article (1), the
Attorney General may -
(a) indicate the day and the time or the period of time on, at, within or as from which the visits and inspections are to be made;
(b) indicate the particular acts, registers and indexes which are to be inspected.
(3) In the case of visits and inspections mentioned in this article, the provisions of articles 111, 112, 116, 118, 119,
124 and of article 117(2) and the provisions of article 19 of the Duty on
Documents Act* shall apply.
* Repealed by Act XVII of 199 3. See article 69 of the Du ty on Do cu ments and
Transfers Act (Cap. 364).
(2) In the course of such inspections the said court shall examine whether the service is being performed according to
law, whether the respective officers have the requisite qualifications for the office occupied by them, whether such officers attend
to their duties with the due regularity and diligence, and particularly-
(a) whether the service of the inspection of acts and the issue of copies and extracts proceeds in accordance with the prescribed
rules;
(b) whether the registers and the indexes are regularly kept in accordance with the provisions of articles 102 and 103;
(c) whether the premises are fit for the purpose for which they are intended and are kept with all due care.
(3) The court, where necessary, shall submit to the Minister responsible for notarial affairs the measures which it considers
expedient for remedying and preventing deficiencies.
Inspection of Notarial Archives. Amended by:
L.N. 4 of 1963; XXXI. 1966.2; XI. 1977.2;
IX.2000.3.
(2) In every such inspection care shall be taken to ascertain particularly whether the provisions o f t h e law relating to the
drawing up and preservation of the acts, registers and indexes and to the payment of duty on documents have been complied with.
(3) The original acts, together with the respective indexes, shall, on the termination of such inspection, be deposited
by the registrar in the Archives.
General inspection of acts to be made twice in every year.
118. (1) The said court shall draw up in duplicate a special procès-verbal of each inspection, one copy to be kept in the records of the said court and the other to be transmitted to the Attorney General.
(2) Such procès-verbal shall also be signed by the archivist or the notary, as the case may be.
(3) If the archivist or the notary refuses to sign, mention of such refusal shall be made in the procès-verbal stating the grounds thereof.
Record of each inspection. Amended by: XI. 1937.12;
L.N. 46 of 1965; LVIII. 1974.68.
The Visitor shall countersign each volume inspected by him.
Procedure for summoning notary for inspection of acts.
specify the acts, registers and indexes which the notary is to produce and the day and hour on which he is to attend.
(2) No previous notice shall be given for the inspection of the
Archives and the Public Registry.
Appearance of notary and production of acts. Substituted by:
II. 1983.12.
(2) Together with the acts, registers and indexes, the notary or his attorney shall produce the rela t i v e writ of su bpo ena t o the R e gi st rar of t h e Cou r t w h o shal l make thereon a record of the volumes produced in compliance therewith. Such writ of subpoena shall be retained by the notary or his attorney.
The court may require the production of the acts of any period.
The court may issue warrants of escort or seizure.
Duties of the court. 124. (1) The court shall examine whether the notary, the archivist and the Director of the Public Registry have performed the duties imposed upon them by this Act or by any other law, and, in case of any contravention, the court may award punishment and give any other directions which it may deem expedient according to law.
(2) When the contravention consists in any omission on the part of the notary or archivist, the court shall order such notary or archivist to do that which he has omitted, within such time as the court shall fix in its discretion, and shall direct the registrar to see w h eth e r such order is pun ctu a lly carri ed o u t . In defaul t of compliance with any such order the notary or the archivist may be liable to suspension from his office for such time as the default continues.
Information of any contravention may be laid by any person.
Procedure.
Amended by:
XI.1937.42;
L.N. 46 of 1965;
LVIII. I974.68.
(2) The court upon ascertaining summarily on such evidence as it may deem proper to require the matter of the complaint, shall
order the said application to be served to the Attorney General.
(3) If the contravention, abuse or negligence imputed to the notary o r archi v ist is such as to call for the application of
a punishment heavier than that of admonition and reprimand, the court shall determine whether there are or not sufficient grounds
for further proceeding s. In the former ca se the co urt, upo n ascerta ining summarily on such ev idence as it may deem fit to require,
the matter of the complaint, shall order the said application to be served on the party concerned, all owin g hi m fifteen d ays
within which to file a statement of defence, by means of a note, and if such par t y f a il s to p r esen t suc h no t e , o r t
h e co ur t c o n s id er s insufficient the defence set up by him, the court shall summon such party to appear before it at the
place, day and hour fixed in the writ of subpoena and shall give notice thereof to the Attorney General. Th e person so summoned
may app ear either personally or by a special attorney and may be assisted by an advocate and may file statements of defence.
(4) The court, after hearing the person summoned as aforesaid or his representative and the Attorney General, if present, shall
dispose of the case.
(2) For the enforcement of such seizure, the said court may order the search of any place where it has reason to believe that
the said acts, registers and indexes may be found.
(3) The said court shall have the powers referred to in the foregoing sub-articles of this article whenever it has sufficient
reason to believe that any notary, on account of insanity or other infirmity, is unable to exercise his office, notwithstanding that
such not ary shall no t h a ve y e t b een incapacitated as provided in paragraph (g) of sub-article (1) of article 14.
(4) In any of the cases referred to in this article, the said court shall proceed ex officio upon information given by any person, after having, summarily and without delay, ascertained the truth of the fact s brou ght t o
i ts not ice, an d shall h ave for su ch p urpo se th e power to call witnesses and to examine them on oath.
Seizure of acts and deposit thereof in the Archives in case of death, etc., of a notary.
127. Any person having in his possession the acts or registers of any deceased notary or of any notary who is absent or has ceased to exercise his office, or knowing that any such acts or registers are in the possession of any other person, must forthwith give notice thereof to the registrar of the said court under penalty of a fine (ammenda) not exceeding one hundred euro (€100), to be awarded by the Court of Magistrates as court of criminal judicature, at the suit of the Executive Police or of any other person.
Person in possession of acts of deceased notary, etc., to give notice thereof to the registrar.
Amended by. XIII.1938.4;
VIII. 1990.3;
L.N. 408 of 2007;
XXIV. 2011.91.
TITLE II
Disciplinary punishments.
OF DISCIPLINARY PUNISHMENTS
(a) admonition and reprimand; (b) fine (ammenda);
(c) suspension;
(d) deprivation of office.
(2) Such punishments shall be awarded independently of any o t her puni sh ment im posed b y any other law and, in all cases,
without prejudice to any action for damages and interest which may be competent under any other law.
Admonition and reprimand.
Offence against sec. 29.
Second part of s.2 of Ord. VIII of
1859,
consolidated.
Amended by:
L.N. 408 of 2007.
Contraventions punishable with a fine (ammenda). Amended by: XI.1940.4; XXXI.1946.10; XI.1977.2; II.1983.13; XIII.1983.5; XIX.1988.12;
L.N. 408 of 2007. Substituted by: XXIV. 2011.93.
130. (Repealed by XXIV. 2011.92).
(a) is a recidivist in any contravention under articles 68,
68A, 68B and 69; or
(b) offends against any of the provisions of article 12(a), (c)(i), (c)(ii) and (d), article 25(6) or article 26,
shall be liable to a fine (ammenda) of five hundred euro (€500).
(2) A notary or archivist who contravenes the provisions of articles 11, 28(1)(a), (i) and (k), 34, 35, 36, 37, 38, 44, 55, 58, 60,
62, 64, 68, 68A, 68B, 69, 100, 103 and 105 shall be liable for every contravention, to a fine (ammenda) of fifty euro (€50).
(3) The notary who during his suspension or incapacitation (excep t fo r part ial in capacitation) , issues any co py, ext
r act or declaration shall be liable to a fine (ammenda) of thirty euro (€30).
(4) Saving the provisions of articles 88, 89 and 143, the notary who contravenes any other provision of this Act for which there
is no specific disciplinary punishment shall be liable for each such contravention to a fine (ammenda) of ten euro (€10).
(5) Where, with reference to the same notarial act, a notary is guilt y of more than o n e con t rav e nti on p unishab le with
a fine (ammenda), he shall be awarded the higher or highest applicable punishment or, if they are all punishable with a similar fine, to one such
fine.
(a) through negligence, fails to preserve the acts received by him as provided in this Act; or
(b) opposes the inspection referred to in article 115 or otherwise renders the same impossible; or
(c) is, for a second time, a recidivist in any of the contraventions mentioned in article 131(1)(a); or
(d) is a recidivist in any of the contraventions mentioned in article 131(1)(b),
shall be liable to suspension for a period from one to six months.
Contraventions punishable with suspension. Substituted by: XXIV. 2011.93.
(a) against whom any warrant of arrest has been issued; or
(b) who has been sentenced for any of the offences mentioned in paragraph of article 14(1)(f) by a judgment which has not yet become res judicata, or who has been sentenced to be deprived of his office by a judgment or order which is not yet final and absolute; or
(c) who is undergoing any punishment restrictive of personal liberty on conviction for any other offence,
shall be temporarily incapacitated from the exercise of his office.
135. Any notary against whom proceedings for a contravention against the notarial laws punishable with deprivation of office or for any
of t he offences m ention ed in arti cle 14(1)(f) have b een commenced, may be incapacitated from the exercise of his office by or de r of t he Court of Revision at the instance
of the Attorney General or the President of the Notarial Council.
136. The order of incapacitation in any of the cases referred to in article 133( b ) a n d ( c ) and article 135 shall be enforceable notwithstanding any appeal therefrom.
(a) he continues to practise during his suspension or temporary incapacitation, saving the provisions of article 131(3);
or
(b) he publishes a notarial act while he is partially incapacitated; or
Causes which entail temporary incapacitation from exercise of notarial functions.
The incapacitation of the notary shall be declared in judgment. Amended by:
XXIV. 2011.94.
Incapacitation during the course of proceedings. Amended by: XXIV. 2011.95.
Incapacitation enforceable notwithstanding appeal.
Penalty of suspension is enforceable notwithstanding appeal.
Deprivation of office. Amended by: XXXI. 1946.11. Substituted by: XXIV. 2011.96.
Cap. 9.
(c) he has wilfully failed to preserve the acts received by him or the registers thereof or any other acts or the registers whereof
he is the keeper; saving any heavier punishment prescribed in the Criminal Code; or
(d) is, for a second time, a recidivist in any of the contraventions mentioned in 132(b).
Cases in which deprivation of office may be ordered by the President of Malta. Amended by:
L.N. 46 of 1965; LVIII. 1974.68.
Extenuating circumstances.
139. Any notary who has been sentenced for any of the offences mentioned in article 14(1)(f), may be deprived of his office by the President of Malta unless the deprivation of office has been ordered in the sentence itself.
Relapse. 141. The offender shall be deemed to be a recidivist if the second or subsequent contravention is committed by him within five years of the previous conviction.
Limitation of disciplinary action.
Punishment of notary whose conduct is derogatory to the honour and dignity of the profession.
Any order made against any notary in criminal matters shall be communicated to the Attorney General.
Amended by: XI.1937.12;
L.N. 46 of 1965;
LVIII.1974.68.
Application of disciplinary punishments mentioned in this Part.
Amended by: XI.1977.2.
142. The disciplinary action against any notary for any contravention under the provisions of this Act, punishable with ad mon iti on and repri m and, fin e ( am mend a ), suspension or deprivation of office, shall be barred by the lapse of five years from the day on which the contravention was committed.
89.
PART VII
SUPPLEMENTARY AND TRANSITORY PROVISIONS
(2) The Minister responsible for notarial affairs may by regulation add to, or amend, the Schedule to this Act or make any other Tariff or Schedule in substitution thereof.
Tariff. Amended by: XXV.1962.3; L.N. 4 of 1963;
L.N. 46 of 1965; XXXI.1966.2;
XXXIV.1979.20; IX.2000.3.
See. s.4 of Ord. XIX of 1936 as amended by s. 12
of Ord. XL of 1940 omitted under the
S.L.R. Ord. & Act of 1936 & 1980 respectively.
147. (Repealed by XXIV. 2011.97).
148. (Repealed by XXIV. 2011.97).
149. (Repealed by XXIV. 2011.97).
150. (Repealed by XXIV. 2011.97).
151. (Repealed by XXIV. 2011.97).
(a) provide for the making of duplicate registers of any original notarial acts lost, destroyed or damaged, and for the substitution
of any register lost, destroyed or damaged;
(b) prescribe the mode in which such duplicate registers or new registers shall be prepared and authenticated;
(c) prescribe that acts or registers deposited in the Archives be reproduced by microfilming, and the mode in
which such reproductions are to be made, stored and made accessible to the public;
(d) prescribe the manner in which reproductions made by microfilming and copies thereof may by authenticated;
(e) prescribe the fees and other charges to be levied and paid in respect of anything done under the foregoing provisions;
(f) provide guidelines on the manner in which any of the
Saving.
Transitory provisions regarding notarial practice.
Present notaries and Keepers may continue to exercise their office.
Notaries exercising the profession of legal procurator. Amended by:
XL. 1937.12; L.N. 46 of 1965; LVIII. 1974.68
List of notaries entitled to continue to practise as legal procurators.
Power to make regulations. Added by: XXXI.1946.12
Amended by: L.N. 4 of 1963; XXV. 1962.4; XXXI. 1966.2. Substituted by: II. 1983.14. Amended by: IX. 2000.3; XXIV. 2011.98.
provisions of articles 94A and 94B and any of the provisions of the articles in Part VI of the Act is to be interpreted or
applied, so however that such interpretation or application shall not be in conflict with the provisions of this Act or of any regulations
made thereunder;
(g) provide for any matter incidental or supplementary to any of the foregoing provisions.
(2) Any duplicate register or new register made in accordance with regulations made under sub-article (1) or under the Duplicate
Register of Notarial Acts (Emergency) Regulations, 1942, shall for all intents and purposes, replace the original acts or registers.
Repeal, transitory, and applicability of certain provisions.
Transitory provisions included in Legal Notice 498 of 2011:
The provisions of articles 91, 93, 94, 95 and 96 of the Act * shall be without prejudice to the provisions of articles 98 and 103 of the Act.
Where articles 93 and 96 of the Act refer to provisions of the principal Act† which were amended by the Act, and such provisions as amended have not yet come into force, articles 93 and 96 of th e Act shall start
affecting such provisions as soon as the amendments to such provisions come into force and, for such time as such provisions shall not yet have come into force, the provisions of the principal Act as they stood before the coming into force of such amendments made by means of articles 93 and
96 shall continue to apply.
Act XXIV. 2011.103:
103. (1) (a) Any notary who on 31st December 2011 is lawfully entitled to exercise the office of notary in terms of the principal Act as on that day is being confirmed in his appointment as notary from 1st January 2012 as if he had been appointed in terms of the prov isions of the principal Act as amended by this Act, even if not all such amendments come into force on that day.
(b) Any notary who on 31st December 2011 is the keeper of notarial acts and registers in terms of the principal Act before the coming into force of the amendments made by this Act is bei ng confirme d in such appointment as keep er f r o m 1 s t Janu ary 20 12 as if he h a d b e en so appointed in terms of the provisions of the principal Act as amended by this Act, even if not all such amendments come into force on that day.
(2) Article 4(1) of the principal Act as substituted by this Act shall refer to January of the year 2013 and subsequent years.
(3) Articles 5(4) and 5(5) of the principal Act added by this Act shall r e fer to offen ces commi tted on or af ter the comi ng into force of such provisions.
(4) (a) The requisites for appointment as a notary mentioned in article
6(1)(c) and 6(1)(d) of the principal Act as substituted by this
Act after their coming into force shall not apply to persons who
sit for the qualifying examination before the year 2015, and the
requisites require d by ar ticle 6( c ) and ar ticle 6( d ) of th e
principal Act as they stood prior to the coming into force of
their substitution by this Act shall continue to apply to such
*that is, the Notarial Profession and Notarial Archives (Amendment) Act, 2011 - Act
XXIV of 2011.
†that is, the Notarial Profession and Notarial Archives Act - Cap. 55.
persons.
(b) Reference in article 7(2) and article 8(2) of the principal Act as substituted by this Act to the qualifications of article 6(1)(a) to ( e ) shall, with regard to the per s o n s takin g th e qu alif yin g examination before the year 2015, be a reference to the provisions of article 6(1)(a), (b) and (e) of the principal Act after the coming into force of their substitution by this Act, and to the provisions of article 6(c) and (d) of the principal Act before the coming into force of their substitution made by this Act.
(c) Article 6(c) and 6(d) of the principal Act as they stood before the coming into force of their substitution by this Act shall be reproduced in a footnote to the principal Act with reference to article 6 as substituted by this Act, and it shall also be stated in the footnote that the said article 6(c) and article 6(d) before the co mi ng in to for c e of the i r su bsti tu ti on by thi s Ac t sha l l continue to apply to the pe rson s taking the q u alify i ng examination up to and including 2014. Such footnote shall be retained up to the end of 2014.
(5) Article 7 of the principal Act as substituted by this Act shall come into force on 1st November 2012. Th is substituted article shall be reproduced together with the date of its coming into force in a footnote in the principal Act with reference to article 7 before the coming into force of its substitution by this Act, and such footnote shall be retained till 31st October 2012.
(6) Articles 8 and 9 of the principal Act as substituted by this Act shall come into force on 1st No vemb er 2 012 and shall regulate th e qu alifying examination to be he ld in 2013 and subseque nt years, and connected and ancillary matters. The date of the coming into force of such substitution together with articles 8 and 9 as substituted by this Act shall be reproduced in footnotes to the principal Act with reference to articles 8 and 9 before the coming into force of their substitution by this Act, and such footnotes shall be retained till 31st October 2012.
(7) Article 10(1)(d) and article 10(1)(e) of the principal Act as added by this Act shall refer to notaries who ent er upon the exercise of their func tions as from 1st January 2013, provided that artic le 10(1)(d) a nd article 10(1)(e) shall not be applicable until regulations have been made respectively under articles 10A(3) and 10(1)(e) of the principal Act as added by this Act.
(8) There shall be no obligation of compulsory insurance in terms of arti cl e 10A of the princi pa l Act a dde d by this Act before the Minister responsible for notarial affairs has made regulations under sub-article (3) thereof.
(9) Article 12 of the principal Act as substituted by this Act shall refer to acts published upon the coming into force of such substitution.
(10) A notary shall have no obligation in terms of article 24A of the principal Act added by this Act to open a Notarial Deposit Account until regulations have been made in terms of sub-article (10) thereof.
(11) (a) Article 40 of the principal Act as substituted by this Act shall apply to all notarial acts published after the coming into force of such substitution.
(b) Without prejudice to the rights already acquired by third parties, the Minister responsible for notarial affairs shall by regulations provide tha t a notari al act published be fore the coming into force of such substitution having one or more of the defects mentioned in article 40 of the principal Act as it stood prior to the coming into force of such substitution and -
(i) is enrolled in the Public Registry; or
(ii) in respect of which a note is filed in such registry for the registration of a privilege arising from such act or of a hypothec constituted therein; or
Cap. 408.
Cap. 408.
(iii) in respect of which an application is lodged in the Land Registry for the first registration of or the dealing with the immovable the subject-matter of the act,
shall be deemed valid notwithstandi ng such defect or defects, and in making such regulations the Minister responsible for notarial affairs may a ls o subj ec t t he sai d va li di ty to such terms and conditions as he may consider appropriate:
Provided that such regulations shall not apply to a notarial act which has been declared null by a judgement of a competent Court for any of the defects mentioned in article 40 prior to the coming into force of its substitution by this Act, and which has become res judicata.
(12) Articles 45A and 45B of the principal Act added by this Act shall apply to inter vivos notarial acts whenever published.
(13) (a) The amendments made by this Act to the provisions of Title I of Part VI of the principal Act shall come into force on 1st January 2013 and shall, subject to the provisions of this sub- article, refer to all notarial acts whenever published:
Provided that the appointment in terms of article 110 of the principal Act as substituted by this Act of the retired Judge, retired Magistrate or retired advocate to preside as from 1st January 2013 the Court of Revision of Notarial Acts shall be made in October 2012 as if all the provisions of article 110 of the principal Act substituted by this Act had already come into force:
Provided further that for the purposes only of membership of the Board of Examiners in terms of article 7 of the principal Act as substituted by this Act, and subject to the provisions there o f, such appointee shall be deem ed already to be the person ordinarily presiding such Court.
(b) The provisions of articles 94A and 94B of the principal Act both added by this Act shall come into force on 1st January
2013 and shall apply, subject to the provisions of this sub- article, to all notarial acts whenever published.
Provided that the fee for the review mentioned in sub-articles (9) and (15) of article 94A of the principal Act added by this Act shall refer to all notarial acts mentioned therein published from 1st January 2012 onwards.
(c) Notarial acts published up to and including 31st December
201 1 which at any time up to 3 1 st December 2 012 are
deposi ted i n the Archives by the Spe c ia l Commi ssione r in
te rms of the Notarial Acts (Te mporary Provisions) Act and
which by the 31st December 2012 are not inspected in terms of
Title I of Part VI of the principal Act as it stood prior to the
coming into force of the amendments made to its provisions by
this Act, shall be reviewed by a review officer or the Chief
Notary to Government as the case may be in terms of article
94B of the principal Act as added by this Act.
(d) Notarial acts published up to and including 31st December
2011 which by 31st December 2012 are not deposited in the
Archives by the Special Commissioner in terms of the Notarial
Acts (Temporary Provisions) Act, shall be presented in terms
of article 94A added by this Act to a review officer or to the
Chief Notary as the case may be for their review in terms of
article 94B added by this Act.
(e) Without prejudice to any other power of the Minister responsible for notarial affairs to make regulations, he shall, after consulting the Notarial Council, make regulations:
(i) to ensure the orderly presentation of notarial acts referred to in sub-article (13)(d);
(ii) to determine which provisions of article 94A added by this Act apply to the presentation of such notarial acts; and
(iii) to determine when the review of acts referred to in sub-article (13)(c) and (13)(d) shall take place.
(f) The Notarial Acts (Temporary Provisions) Act shall be repealed with effect from 1st January 2013, without prejudice to whatever will have lawfully been done thereunder.
(g) Notwithstanding the provisions of Title I of Part VI of the principal Act before the coming into force of their amendment by this Act, the Court of Revision of Notarial Acts shall not after the 30th April 2012 su mmon any notar y, in terms of article 120 of the principal Act as it stood before the coming into force of its amendment by this Act, to present to such Cour t any no tarial acts fo r g e ne ra l in spec t i on in t e r m s o f article 117 of the principal Act before the coming into force of its substitution by this Act.
(h) All uninspected notarial acts in the possession of the Court of Revision of Notarial Acts or any of its Vi sitors, sh all be inspected by the 31st October 2012 in terms of the provisions of Title I of Part VI of the principal Act as they stood prior to the coming into force of the amendments made to them by this Act and, after the inspection, they shall be deposited in the Archives by 31st December 2012.
(i) Notarial acts referred to in paragraph (h) of this sub-article which are not inspected by such Court by 31st October 2012 shall be deposited in the Archives by 31st December 2012, and they shall be reviewed in terms of article 94B of the principal Act as added by this Act.
The provisions of sub-article (13)(e)(iii) of this article shall
mutatis mutandis apply to such acts.
(j) Wherever in this sub-article there is reference to review carried out by a review officer or the Chief Notary as the case may be, this shall be followed by inspection of the Court in terms of the provisions of Title I of Part VI of the principal Act as amended by this Act.
(14) All the disciplinary punishments contained in the principal Act p r ior to th e com i ng in to forc e of t h e i r am end m e n t by t h is Act, sha l l continue to be applicable to breaches of duty mentioned therein committed by a notary before the coming into force of the respective amendments.
(15) Saving what is otherwise provided in sub-article (13) of this article regarding the inspection of acts published up to the 31st December
2011, matters which on 31st December 2012 are pending before the Court of Revision of Notarial Acts shall from 1st January 2013 be continued before the same Court composed in terms of article 110 of the principal Act as substituted by this Act.
Cap. 408.
Amended by: G.N. No. 204 of
1927;
G.N. No. 90 of
1928;
G.N. No. 352 of
1936;
G.N. No. 140 of
1940;
G.N. No. 434 of
1940;
XXXI. 1946.13;
G.N. No. 313 of
1949;
G.N. No. 205 of
1954;
L.N. 46 of 1965;
L.N. 56 of 1970;
XXX. 1973.11;
L.N. 77 of 1980;
XIII. 1983.4;
L.N. 70 of 1987;
L.N. 74 of 1988;
L.N. 227 of 1997;
IX.2000.3;
L.N. 186 of 2000;
L.N. 173 of 2001;
L.N. 429 of 2003;
L.N. 408 of 2007.
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
(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, 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) accessory charges and reimbursement of expenses. I. Fixed Fees
€
For dispositions containing the institution of heir | |
and the customary dispositions for the funeral rites, | |
at the discretion of the notary having regard to the | |
circumstances of the testator ...........................from | 2.33 |
to | 6.99 |
in addition to the following fees:
Where the will contains more than one institution
or substitution, for each............................................. 0.58
For every foundation............................................. | 1.16 |
For every foundation secured by hypothec ........... | 1.75 |
For the repeal of previous dispositions .................. | 0.58 |
For every legacy of an indeterminable value .......... | 0.70 |
For every legacy - | |
Where the value does not exceed ,46.59 ............... | 0.70 |
Whe r e the value e x cee ds € 46.59 but does not | |
exceed €116.47 ...................................................... | 1.16 |
Whe r e the va lue exc e e d s € 116.47 - for every
further €46.59 or part thereof .................................. 0.35
Where the legatees are two or more, as many fees are due as there are legatees.
For the drawing up of a secret will by the notary, th e fees sh al l b e the same as th ose speci f ied in paragraph 2 in respect
of Public Wills.
For the act of delivery of a secret will including
the copy to be kept in the minute-book of the notary’s acts ............................................................. | 4.66 |
For the publication of a secret will (in addition to the expenses and accessory charges) ......................... | 4.66 |
4. De ed of fo un da ti on , w h ere th e val u e i s indeterminable ......................................................... | 3.49 |
5. Deed of adoption, em ancipation or acknowledgment of an illegitimate child - Fo r each person adopt ed, emancipated or acknowledged ........................................................ | 3.49 |
6. Marriage cont ract containing settlement of dowry of an in determ inable val u e, variation or counter-declaration in connection with a marriage cont ract , person al sep a r a t i on or sep a rati on of property between husband and wife, cessation of the community of acquests ............................................. | 5.24 |
7. Marri ag e co ntract with ou t any set tlement of dowry or promise of dower ....................................... | 3.49 |
8. Donation, compromise, community or partition of movables or imm ovables, where valu e i s indeterminable ......................................................... | 3.49 |
9. Deposit of movable things of an indeterminable value, receiving back same from the depository ........ | 3.49 |
10 . Prese n ta tio n to a parti c ul ar ben e fi ce or do natio n of t h e ri ght of advo wson , wh at ev er th e number of patrons taking part in the deed .................. | 3.49 |
11. Renunciation on the taking of religious vows ... | 5.24 |
12. Deed o f partnership w h ere value i s indeterminable ................................................. from | 3.49 |
to | 10.48 |
13. Acknowledgement of the grantee in any sub- emphyteutical grant .................................................. | 1.75 |
For any amount to €232.94 .......................... 1.75
For any amount excee ding € 232.94 bu t not
€1,164.69..................................................... 2.80
For any amount exceeding €1,164.69. ............. | 3.49 |
15. Appointment of arbitrators .............................. | 2.10 |
16. Deed of ratification, where value is | |
indeterminable ......................................................... | 2.68 |
17. ''Act of notoriety'' ............................................ | 2.68 |
18 . Enrolment of documents (in addition to the | |
fees in respect of the annexes) .................................. | 1.75 |
19. Promise of marriage ........................................ | 1.75 |
20. Cer tif icat e in pr oof o f li fe or ex ist en ce o f a | |
person ...................................................................... | 1.51 |
21. Renunciation or postponement of hypothecary | |
rights, where value is indeterminable ........................ | 1.51 |
22. (a) Any declaration or covenant ...................... | 1.75 |
(b) Any declaration verified on oath ................ | 1.51 |
23. For every jurat ................................................ | 1.46 |
24. Act of consent ................................................. | 1.75 |
25 . For th e drawin g up of a power of att o rney, | |
including any necessary authentication of signature | |
or marks ........................................................... from | 2.33 |
to | 6.99 |
26. Authorization or consent - | |
if it relates to only one matter ........................ | 1.51 |
if it relates to several matters ......................... | 2.10 |
if given in general terms by husband to wife | |
or by father to son exercising trade ................ | 3.49 |
27 . Deed of discharg e in gene ra l terms, where | |
value is indeterminable ............................................. | 3.49 |
28. For every other ac t, where value is | |
indeterminable ......................................................... | 3.49 |
29. For authentication of signature or cross-marks | |
af fixed on any writing contain i ng any act or | |
agreement of any indeterminable value ..................... | 0.58 |
Where the writing is drawn in two or more originals | |
or contains two or more distinct authentications, the | |
said fee shall be increased by fifty-eight cents (0.58) |
for each additional original or authentication.
For the first amount not exceeding €2,329.37 ........ 1½% For any additional amount over €2,329.37 but not
exceeding €69,881.20 ............................................ ½%
For any additional amount over €69,881.20 - €4.89 for every
€2,329.37 or fraction thereof.
Two-thi rds of the sai d fees shall be charged for any deed of tran sfer o f m ova ble prop erty, lo an, ackn ow led gem ent o f deb
t, surety, hypothecation by separate deed or substitution of dowry.
The sa id fees shall be due even if the dee d is subject to a suspensive condition.
In the case of deeds 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 deeds 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 a deed of suretyship or hypothecation accessory to any obligation arising from a separate deed, the said fees shall
be calculated on the value of such obligation.
For any deed of transfer of any grave, site or space
at a cemetery ............................................................ €2.33
any deed of reduction or redemption of an annuity, on the value of the amount reduced or redeemed capitalised at 3%;
any d e ed o f reductio n o r redemp tio n of grou nd-rent or o f 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 deed 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 €2.33;
any deed of partition, on th e value of the mass without deduction of the debts;
any deed of compromise, on the value of the things forming the subject matter thereof;
any deed of settlement of dowry, on the value of the dowry;
any deed of contract work or locatio operis, on the price of the work reduced to one-third, but so that in no case shall the fee be of less than €2.33;
any deed of promise of dower or of securement of the dower or dowry, on the amount of the dower or, as the case may be, on the value
of the things assigned in securement of the dower or dowry;
any deed 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 €2.33;
an y deed o f lett i n g an d hi ri ng , o n th e t o t a l amou n t of ren t payable reduced by one-half, but so that in no case
shall the fee be of less than €2.33;
any deed 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 €2.33;
any deed o f d eposit of any sum , st ock, o r o ther th ing s or of delivery of same, payment, enlargement of the time for payment,
receipt, consent for the postponement, subrogation, reduction or cancellation of a hypothec, payment or delivery of possession of
a legacy, rectification, rescission or dissolution of any other deed, ackno wledg e men t o f an assign men t o f a debt , pro m
i s e of alienation or loan; in any of these cases the fee shall be reduced to one-third but shall in no case be of less than one
euro sixteen cents (1.16) provi ded that in the case of deed s of cancellatio n of hypothec relative to deeds of contract of works
or locatio operis, such fee shall in no case exceed €2.33.
Provided also that if the writing is drawn up in two or more origi- nals, or contains two or more distinct authentications, there shall be charged in addition to the said fee, a fee of fifty-eight cents (0.58) for each additional original or authentication.
Every page whereon five lines have been written (exclusive of the date and signatures) shall be deemed to be a full page.
The said fee shall in no case be less than fifty-eight cents (0.58). For any copy or extract not legalised by the notary, even though
prepared by the parties, and for any precis of an act, the said fee
shall be reduced to one-half, provided that it shall in no case be of
less than thirty-five cents (0.35).
35. For the certifying or attesting of the accuracy of copies or ext r act s fro m bo ok s or docu m en ts p r od uced b y t h e p a r
ties as provided in article 2(2)(g) of the Notarial Profession and Notarial Archives Act there shall be cha rged a fee of fifty-eight cents (0.58) in addition to the
fee under the last preceding paragraph.
2(2)(h) of the said Act, there shall be charged a fee of ninety-three cents (0.93) in addition to the fee of one euro and sixteen cents
(1.16) for every page of about one hundred words to be translated.
If the search extends to all acts received by the notary, there shall be charged a fee of twelve cents (0.12) for each year.
If the act, at the request of the parties, is read over to them by the notary, the said fee shall be doubled.
No fee shall be charged for the inspection of the act, if the party orders or makes a copy or extract thereof or therefrom.
The same fees as aforesaid shall be due for the collation of the copy o r ex tract w ith the origi n al act w h ere 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 twenty-three cents (0.23)
for every half an hour of the time employed in the work.
For th e drawi ng up of an act in a lang uage ot her t h an t h e 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
30%.
39. 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 sam e fees as are payable to advocates under Tari ff E in t he Schedule annexed to the Code of Organization and Civil Procedure.
40. For the drawing up of the notice of any succession or other transfer chargeable with duty under the Death and Donation Duty Act*
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.
Cap. 12.
Cap. 239.*
Cap.12.
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.
.
b
If the place to which he has to travel is at a d i stance not ex ceedin g eigh t k ilometr es fr om hi s of fi ce or , as t h e
case may be, his nearest
the said fee shall be doubled.
"Night-time" means the time between the hours of 7 p.m. and 8 a.m. during the period from the 1st day of October to the
31st day of M a rch, an d th e t i m e b e tw een 8 p.m . an d 7 a.m . du ri ng t h e period from the 1st day of April to the 30th
day of September.
No fee shall be due for attending at the Public Registry or the court of justice for the purpose of filing any note.
58 of the Act already referred to, the notary shall be entitled to a
fee of twelve cents (0.12) for every page.
For the drawing up of any note of reference to an assignment or reduction, the notary shall be entitled to a fee of one euro seventy-
five cents (1.75), in addition to a transcription fee of twelve cents (0.12) for every 100 words copied in such note.
For the drawing up of any note of cancellation, the notary shall be entitled to a fee of fifty-eight cents (0.58), in addition
to a transcription fee of twelve cents (0.12) for every 100 words copied in such note.
*Repealed by Act XVI of 1993. See the Duty on Documents and Transfers Act (Cap. 364).
For the drawing up of any note of enrolment of any deed, 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:
€ where the value or the amount of the debt does not exceed €116.47 .. 0.35 where it exceeds €116.47 but does not exceed €232.94 .................... 0.47 where it exceeds €232.94 but does not exceed €582.34 .................... 0.58 where it exceeds €582.34 but does not exceed €1,164.69 ................ 0.70 where it exceeds €1,164.69 but does not exceed €1,747.03 ............... 1.16 where it exceeds €1,747.03 but does not exceed €2,329.37 ................ 1.40 where it exceeds €2,329.37 but does not exceed €5,823.43 ................ 1.75 where it exceeds €5,823.43 but does not exceed €11,646.87 ............. 2.33 where it exceeds €11,646.87 but does not exceed €17,470.30 ............ 3.84 where it exceeds €17,470.30 but does not exceed .23,293.73 ............ 3.49 where it exceeds €23,293.73 an initial fee of ..................................... 3.49
and in addition thirty-five cents (0.35) in respect of each
€2,329.37 or part of €2,329.37, over and above the first
€23,293.73 .
For every note for enrolment relating to an annuity or a pension or for registration or renewal of registration of a privilege or
hypothec in respect of a debt which is an annuity or pension, the fees laid down in the foregoing scale shall be levied
in the following manner, viz:
(a) if the annuity is constituted in perpetuity or for twenty years or more, or for an indefinite period, the fee is to be assessed
on the total amount payable during the period of twenty years;
(b) if the annuity is constituted for a definite period under twenty years, the fee is to be assessed on the total amount payable
during such period;
(c) if the annuity is constituted for the life or lives of any person or persons, the fee is to be assessed on the total amount payable
during the period of twelve years.
For the drawing up of any note referred to in article 47 and 49 of the Act already mentioned or of any other note, a fee of thirty-
five cents (0.35) shall be due to the notary.
Fo r every an notation in the m a rg in of an act required or ordered under the provisions of the said Act, the notary may charge
a fee of twenty-three cents (0.23).
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.
PART II
FEES PAYABLE IN THE NOTARIAL ARCHIVES
(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 hand- written 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.
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.
Provided that such authorised persons are to submit a copy or report of the results of their searches every year to the Archives and another copy or report to the National Council, failing which the research facilities may be withdrawn..
PART III
FEES PAYABLE TO EXPERTS AND INTERPRETERS
In case of dispute the said fees shall be taxed by the court of vo lu n t ary j u ri sd ic ti on , re gard b e i n g ha d to th e part ic ul ar circumstances.
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