Chapter 55 | Europaius

In short

This law, called the Notarial Profession and Notarial Archives Act, governs the notarial profession and the management of notarial archives. It defines the role of notaries, their powers, and the requirements for their appointment and practice.

What it regulates

The appointment, functions, and responsibilities of notaries.
The rules for notarial acts, including their formalities and custody.
The supervision over notaries and notarial archives, and disciplinary actions.
The fees and expenses related to notarial services.

Who it concerns

Notaries public in Malta.
Individuals seeking notarial services or affected by notarial acts.

Key points

Notaries are public officers charged with receiving acts and wills, attributing public faith to them, and ensuring their custody.
Notaries are appointed for life by the President of Malta and can practice anywhere in Malta.
To be appointed, a notary must be a citizen of Malta or an EU/EEA Member State, have good conduct, hold a Doctor of Law (LL.D.) degree or equivalent, and have completed a traineeship of not less than two years at a notary's office.
Certain professions, such as advocate, legal procurator, bank manager, or estate agent, are inconsistent with practicing as a notary, unless authorized by the President of Malta.
Practicing as a notary without proper appointment is an offense, punishable by a fine of not less than one thousand euro (€1,000) but not more than five thousand euro (€5,000), and for repeat offenses, imprisonment for up to three months or both.

Legal text

NOTARIAL PROFESSION AND NOTARIAL ARCHIVES CHAPTER 55 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; Acts XIII of 2007, III of 2008, XXIV of 2011*, and XV and XIX of 2012†; Legal Notices 356 and 426 of 2012, 83 of 2014 and Acts XXIV and XXXIII of 2014, XVI of 2015, XV of 2017, XXXIV of 2018, XXXVI of 2018, XXVII, LXI of 2020, LI of 2021 and LXIII of 2021, and Legal Notice 121 of 2023; Incorporating also Ordinance VIII of

*but see Legal Notices 498 of 2011, 361 and 433 of 2012, and 17 and 18 of
†see Legal Notice 18 of
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES ARRANGEMENT OF ACT PART I. PART II. Title I. Title II. Title III. Title IV. Title V. PART III. Title I. Title II. Title III. Title IV. Title V. PART IIIA. PART IIIB. PART IV. PART IVA. PART V. PART VI. Title I. Title II. PART VII. Title General Provisions Of Notaries Of the Appointment of Notaries Of the Exercise of Notarial Functions Of the Cessation, Incapacitation and Suspension from the Exercise of Notarial Functions Of Keepers of Notarial Acts, Notaries delegate and Notaries to Government Of Notarial Deposit Accounts Of Notarial Acts Of the Formalities of Notarial Acts Of the Custody of Acts and of the Notarial Registers Of Copies, Extracts and Declarations Of Acts which are delivered in original to the Parties, of the Authentication and Legalization of Signatures or Crossmarks Of Fees, Charges and other Expenses due to Notaries Of Notarial Trust Deeds and Private Foundations Of the Examination of Title Of the Notarial College and of the Notarial Council Of the Review of Notarial Acts Of Notarial Archives Of the Supervision over Notaries, the Archives and the Public Registry, of the Court of Revision of Notarial Acts, and of Disciplinary Punishments Of the Supervision over Notaries, the Archives and the Public Registry, and of the Court of Revision of Notarial Acts Of Disciplinary Punishments Supplementary and Transitory Provisions SCHEDULE Tariff relating to the Notarial Profession and Notarial Archives Articles 2-4 5-24 5-9 10-13 14-16 17-24 24A 25-84 25-54 55-73 74-78 79-80 81-84 84A-84B 84C 85-94 94A-94B 95-109 110-145 110-127 128-145 146-152 NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
The short title of this Act is Notarial Profession and Notarial Archives Act. Short title. PART I G ENERAL P ROVISIONS 2.

(1)Notaries are public officers. They are charged to receive acts inter vivos and wills, and to attribute public 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; Definition of office of notary. Amended by: IX. 2004.16; XXIV. 2011.3; XVI. 2015.8; LI. 2021.2. Powers and functions of notary. (
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 nonpayment 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)(
j)to act as mediators; ex officio to act as Commissioners for Oaths for the purposes of the Commissioners for Oaths Ordinance; NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (
k)to issue a European Certificate of Succession in terms of Regulation (EU) No. 650/2012 of the European Parliament and of the Council of 4 July 2012 in accordance with the provisions of Sub-title IV of Title III of Part II of Book Second of the Civil Code; (
l)generally, to exercise such other powers as are assigned to them by law.

(3)Notaries are empowered to draft private writings containing agreements that purport to create legal rights and obligations between third parties.

(4)Notaries are empowered to examine title to immovable property in terms of article 84C.

(5)Notaries are empowered to give advice on any of the functions and powers vested in them in terms of the provision of this article, and on any matter or competence attributed to them, whether exclusively or otherwise, under any law or regulation, and in general, on anything relating to the proper discharge of their obligations or engagement, and this notwithstanding anything that may be stipulated under any other law. 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; XXXIV.2018.2; LI. 2021.3. 3.

(1)No person may practise as a notary if: (

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 the offices of the Chief Notary to Government, Notary to Government, Notary Public with the Lands Authority or Notary Public with the Housing Authority, under the provisions of article 22

(5), or Notary Public with any other Government Authority or Agency, no person holding an office of profit with the Government, except the Office of Director or Assistant Director of the Public Registry or the Land Registrar or Assistant Land Registrar, may practice as a notary: Provided that the Director or the Assistant Director of Public Registry and the Land Registrar or Assistant Land Registrar may not exercise the notarial profession except in the capacity of Chief Notary to Government or Notary to Government. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 4.

(1)The Chief Notary to Government shall in January of each year post on one of the Government websites the lists mentioned hereunder which he shall update from time to time as the need arises: (

a)the names of the notaries practising their profession in Malta and Gozo; (
b)the names of notaries who are the keepers of the acts of deceased notaries or of notaries who have ceased to practise their profession, together with the names of the notaries whose acts are so kept. Publication on Government websites of an annual list of practising notaries, keepers of acts and depositaries. Amended by: XXXI. 1946.2; XXXIV. 1979.2. Substituted by: XXIV. 2011.5.

(2)Whenever the Chief Notary posts or updates the lists in terms of this article, he shall make a print-out thereof stating thereon the date and time of the print-out which he shall sign and preserve in a register for the purpose. The print-out and any copy thereof duly authenticated by the Chief Notary or a Notary to Government shall be evidence of its contents for any purpose of law.

(3)The Minister responsible for notarial affairs may make regulations prescribing the manner in which such lists and their updates are to be drawn up. PART II O F N OTARIES TITLE I O F THE A PPOINTMENT OF N OTARIES 5.

(1)Notaries are appointed for life by the President of Malta by a notice published in the Gazette, and may exercise their functions in any part of Malta.

(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 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 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. 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. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 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). Qualifications for appointment. Amended by: XXX. 1973.3; L.N. 148 of 1975; II. 1978.2; XIV. 1985.

Substituted by: XXIV. 2011.
Amended by: XXIV. 2014.80; XXXIV. 2018.3; XXVII.2020.
6.*

(1)No person shall be appointed as a notary, unless - (

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 obtained the academic degree of Doctor of Law (LL.D.) in accordance with the provisions of the Statute, Regulations and Bye-Laws of the University of Malta, or such other qualification at masters level as the Minister, after consultation with the Senate of the University of Malta, may from time to time prescribe, or a comparable degree from such other competent authority in accordance with the principles of mutual recognition of qualifications, after having read law in Malta or in a Member State; (
d)he has been a trainee at the office of a notary for a continuous period of not less than two years prior to the date when the qualifying examination is held in terms of article 7 and provided that the start of such traineeship shall commence after the attainment of the academic degree mentioned in paragraph (c), provided that if he has been a trainee with one notary and has continued his traineeship with another notary or notaries, the aggregate period shall be taken into account: Provided further that the notary or notaries with whom the period of traineeship is conducted shall have practised their profession in Malta for at least ten years: Provided further that such period of traineeship did not commence earlier than four years prior to the date when such qualifying examination is held and the start of such traineeship shall be communicated to and logged by the Notarial Council, which shall also have the faculty *paragraph (
a)of the substitution made by Act XXIV. 2011.6. came into force on 1st January, 2012. Paragraphs (
b)to (
e)and sub-article

(2)came into force on 1st January, 2012 - subject, with regard to the applicability of sub-article

(1)(c) and (d), to the provisions of article 103

(4)(

a)of Act XXIV of 2011, as amended by article 17(
a)of Act XIX of 2012. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES to refuse the giving of such traineeship by the notary concerned, where the Notarial Council is of the opinion that the said notary may not provide adequate traineeship: Provided further that the provisions of paragraph (
d)shall start to apply from the year two thousand and twenty-two

(2022)in so far as they relate to the attainment of the academic degree mentioned in paragraph (c); (

e)he is fully conversant with written and spoken Maltese and English; and (
f)he has passed the qualifying examination held in terms of article 7: Provided that no person shall be allowed to sit for the qualifying examination more than three times.

(2)The Minister responsible for notarial affairs shall, after consulting the Notarial Council and the Board mentioned in article 7, make regulations determining the manner in which the requisites laid down in sub-article

(1)(

a)to (
e)are proved. 7. *

(1)The Minister responsible for notarial affairs shall in November of each year appoint for a period of twelve months a Board of Examiners composed of the retired Judge or retired Magistrate or retired advocate ordinarily presiding the Court of Revision of Notarial Acts, the Chief Notary to Government, a practising notary proposed by the Notarial Council and two other practising notaries: Provided that no notary shall sit on the Board unless he has practised his profession for at least ten years.

(2)The Board shall hold the qualifying examination mentioned in article 6

(1)(

f)after ascertaining that the requisites of paragraphs (
a)to (
e)thereof have been satisfied, and it shall also carry out any other function assigned to it by this Act and any other law.

(3)Subject to the provisions of this Act and any applicable regulations, the Board shall regulate its own procedure.

(4)The notary at whose office a candidate satisfied the requirements of article 6

(1)(d), any associate of such notary and any notary who provides services from the same office shall not sit on the Board. If the candidate undertook his traineeship with more than one notary, the provisions of this sub-article shall apply to the notaries with whom the traineeship took place, their associates and other notaries who provide services from the same office.

(5)No person may sit on the Board if he is the spouse of or is related to any of the candidates by consanguinity or affinity in the direct line up to any degree or in the collateral line up to the third degree inclusively, or if there is a manifest conflict of interest.

(6)Where the retired Judge or retired Magistrate or retired *for the applicability of article 6

(1)(c) and (d), referred to in this article, see article 103

(4)(

b)and (
c)of Act XXIV of 2011, as amended by article 17(
a)of Act XIX of 2012. 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. Substituted by: XXIV. 2011.8. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES advocate ordinarily presiding the Court of Revision of Notarial Acts or the Chief Notary to Government is disqualified to sit on the Board, or if he is unable or unwilling to do so, the Minister responsible for notarial affairs shall appoint, as the case may be, another retired Judge or retired Magistrate or retired advocate or one of the notaries in Government employment.

(7)Where the Notarial Council fails to propose a notary for appointment on the Board within fifteen days of receiving a request to do so, the Minister responsible for notarial affairs shall proceed to appoint a practising notary of his choice.

(8)Where a member of the Board resigns or becomes d i s qu a li f ie d t o c on t in u e sit t i ng on th e B oa rd , th e M in i s t e r responsible for notarial affairs shall substitute such member in the shortest possible time, so however that his term of appointment shall be for the period as yet unexpired for which the member who resigned or became disqualified had been appointed, and where applicable the provisions of sub-articles

(6)and

(7)shall apply mutatis mutandis.

(9)Members of the Board shall be paid an honorarium to be fixed by regulations made by the Minister responsible for notarial affairs under this article. The qualifying examination. Amended by: XXXI. 1946.2A. Substituted by: XXIV. 2011.9. Amended by: LI. 2021.4. 8.*

(1)The qualifying examination shall be held in March of each year or at such other date during that year as the Board referred to in article 7 may, after due deliberation, deem necessary to establish.

(2)A person who satisfies or, by the time the qualifying examination is held, will have satisfied the requisites of article 6

(1)(

a)to (
e)may apply to sit for the examination on paying the prescribed fee.

(3)The qualifying examination shall consist of one or more written papers, and it may be held on one or more dates. The Board shall also hold an oral examination within two months from the date of the last written examination.

(4)Candidates shall be examined on the formalities of notarial acts, fiscal laws associated with the transfer of immovable property, the laws of registration, the law and practice regarding examination of title to immovable property, applications to a Court of Voluntary Jurisdiction, professional ethics, and any other aspect of substantive and procedural law relative to the notarial profession.

(5)A majority of votes of the examiners is necessary for a candidate to pass the examination.

(6)A pass in the qualifying examination shall be valid for a period of five years from the date of the report submitted in terms of article 9

(1). *for the applicability of article 6

(1)(c) and (d), referred to in this article, see article 103

(4)(

b)and (
c)of Act XXIV of 2011, as amended by article 17(
a)of Act XIX of 2012; and for the applicability of sub-article

(7)of this article, see article 103

(6)of Act XXIV of 2011, as amended by article 17(b) of Act XIX of 2012. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(7)Subject to the provisions of this article, in case of failure a candidate shall have the right to be admitted once to the qualifying examination held on the following or any subsequent year. 9.

(1)Where a candidate passes the qualifying examination, the Board of Examiners shall report this to the Minister responsible for notarial affairs who shall, subject to such candidate complying with the provisions of article 10, submit his name to the President of Malta for appointment as notary public.

(2)Where a successful candidate does not comply with the provisions of article 10 he may, when he so complies and provided the time referred to in article 8

(6)has not elapsed, apply to the Minister responsible for notarial affairs requesting him to submit his name to the President for appointment as notary public. Names of successful candidates submitted for appointment. Amended by: L.N. 46 of 1965; LVIII. 1974.68. Substituted by: XXIV. 2011.10. TITLE II O F THE E XERCISE OF N OTARIAL F UNCTIONS 10. *

(1)The notary, before entering upon the exercise of his functions, shall (

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); (
d)submit to the Notarial Council proof that he has adequate insurance cover for professional liability; (
e)submit to the Notarial Council the personal details and other information required by regulations made by the Minister responsible for notarial affairs after consulting the Notarial Council.

(2)A notary shall not enter upon the exercise of his functions before notice of his appointment has been published in the Gazette in terms of article 5

(1). *the amendments made by article 11 of Act XXIV of 2011 are subject to the provisions of article 103

(7)of the same Act. Oaths of allegiance and office. Amended by: XI. 1937.3,4,12; L.N. 46 of 1965; LVIII. 1974.68; XXXIV. 1979.4; XXIV. 2011.11. Insurance. Added by: XXIV. 2011.12. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 10A.

(1)It shall be the responsibility of every notary, except those referred to in article 22, to be adequately insured against all risks of professional liability during the time he is exercising his profession. The insurance company providing such insurance shall each year issue a certificate to the notary attesting that he is covered in terms of this sub-article.

(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). Change in name/ surname. 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 Gazette and he shall update 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 fine (ammenda) 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 the notary to comply and/or to award the appropriate disciplinary punishment. Notary bound to give his services. Amended by: II. 1978.3; XXXIV. 2018.4; LI. 2021.5. 11.

(1)The notary may refuse his services or terminate any engagement for his services at his discretion without justification, and will not be required to consider the effect or consequence of such refusal.

(2)Without prejudice to the generality of the foregoing subarticle, the notary shall not be bound to give his services or to finalise any engagement, if subsequent to the acceptance of the engagement: (

a)the parties fail to deposit with him the amount of duties, taxes, fees and expenses in respect of any service or deed, either at the moment of publication of NOTARIAL PROFESSION AND NOTARIAL ARCHIVES the deed or on the execution of the service requested; or (
b)his services are required on a public holiday or between 9.00 p.m. of one day and 8.00 a.m. of the following day.

(3)The provisions of sub-article

(1)and

(2), shall not apply in the case of a will and the provision of paragraph (b) of sub-article

(2)shall not apply in the case of a sea protest. 12. It shall not be lawful for any notary to receive any act (

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)Acts which notary may not receive. Amended by: XXIX. 1963.2. Substituted by: XXIV. 2011.13. Amended by: LXIII. 2021.3. if any of the parties thereto is a commercial NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 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; (
k)which, being a contract of purchase or sale of immovable property, is paid in cash in whole or in part by or on behalf of the parties to the contract, where the sum of such payment amounts to ten thousand euro (€10,000) or more, or its equivalent in any other currency: S.L. 373.04. Provided that, for the purposes of paragraph (k), the terms "cash" and "immovable property" mean the same as the meaning assigned to them in the Use of Cash (Restriction) Regulations. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 13.

(1)Any notary who in the exercise of his functions is insulted or obstructed, shall draw up a procès-verbal of the 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. 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. TITLE III O F THE CESSATION, INCAPACITATION AND S USPENSION FROM THE EXERCISE OF N OTARIAL F UNCTIONS 14.

(1)A notary shall cease from exercising his functions: (a) if he accepts a government employment, or is in fulltime employment, or else if he 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 employed with any Government Ministry or Department or Notary Public with the Lands Authority or Notary Public with the Housing Authority, under the provisions of article 22

(5), or Notary Public with any other Government Authority or Agency, for a continuous period not exceeding three months, may continue to exercise his functions as a Notary Public: Provided also that a notary who is in full-time employment before the 27th July, 2021 shall have until 1st June, 2024 in order to regularise his position in accordance with this sub-article. Notarial acts received and drawn up by a notary who is in full-time employment before 1st June, 2024 shall be considered valid; (b) if he is permanently absent from Malta for a continuous period exceeding five years or fails to publish any act for a period of seven consecutive years preceding the current basis year of review, to be ascertained annually, from the basis year of review

The assigned Review Officer shall ascertain this fact during the period of review, and shall upon request, be given any relevant information by the notary himself or the Office of the Notary to Government or the Notarial Council. The review officer, shall, by application, report the matter to the Court of Revision of Notarial Acts and the Court shall, if satisfied that the facts subsist, decree that the said notary has ceased to exercise his functions and shall order the notary to bind and consign any original acts still in his possession to the Review Officer within a time so 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; XXIV. 2011.14; XXXIV.2018.5; LI. 2021.6; LXIII. 2021.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES established in its decree, failing which the penalties under article 94A

(18)(

a)shall apply mutatis mutandis, and the said Court shall appoint a Notary Keeper, where it deems expedient to do so. The Court shall cause the said decree to be served on the notary, at the address registered with the Notarial Council, or if residing abroad, by electronic mail to the last electronic address registered with the Notarial Council, on the Attorney General, the Chief Notary to Government and the President of the Notarial Council, and the mentioned decree shall be published in the Gazette. Subsequent to this publication, the Chief Notary to Government shall cause the name of the said notary to be listed with the names of notaries not exercising their functions, which list shall be kept by the Chief Notary to Government and published in the same manner as the list under article 4. (
c)if he is interdicted under the provisions of the Criminal Code; (
d)if he resigns his office and presents his resignation in writing to the President of Malta provided that the Notary may indicate that his resignation is temporary, in which case the provisions of paragraph (
b)and article 2 will still apply; (
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)shall 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 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; Rehabilitation. (
h)if he assumes an appointment as a Government Minister or Parliamentary Secretary, provided that in such cases said cessation shall be deemed to be temporary and in such cases the provisions of paragraph (
b)shall not apply, and the said Notary shall immediately be rehabilitated upon cessation of his duties as Minister or Parliamentary Secretary, upon a notice to this effect appearing in the Gazette.

(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 upon the advice of the Board referred to in article 7 which shall ascertain that the notary is adequately proficient, up-to-date and qualified to resume the exercise of all the powers and functions of a NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Notary Public.

(3)The notary who accepts the office of Chief Notary to Government, Notary to Government, Notary in full-time employment with a Government Ministry or Department or Authority, Notary Public with the Lands Authority, Notary Public with the Housing Authority, the office of Director or Assistant Director of the Public Registry or Land Registrar or Assistant Land Registrar, or a notary who is in full-time employment with a commercial lending bank or similar financial institution or entity, or with any Government agency or limited liability company or any other entity, where the Government of Malta is either the beneficial owner or has a controlling interest therein, or in any other case where any notary continues to carry out, in the regular exercise of his office or employment, any one of the powers and functions listed in article 2, shall not during the tenure of such office or employment, cease from the exercise of the functions of notary: Provided that, any notary falling within the scope of this subarticle may not practise as a notary except in the capacity as stated in this sub-article, and shall not therefore, during the tenure of such office, cease from the exercise of the functions of notary, but only in so far as such functions relate to the execution 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 from such deeds.

(4)In any case where a notary ceases to exercise his functions in terms of this sub-article, the Court shall decree that the said notary has ceased to exercise his functions and shall order the notary to bind and consign any original acts still in his possession to the Review Officer assigned to him for the current year of review, within a time so established in its decree, failing which, the penalties under article 94A

(18)(a) shall apply mutatis mutandis. The Court shall also appoint a Notary Keeper. The Court shall cause the said decree to be served on the notary, on the Attorney General, the Chief Notary to Government and the President of the Notarial Council and the said decree shall be published in the Government Gazette in the manner established in paragraph (b).

(5)Subsequently to this publication, the Chief Notary to Government shall cause the name of the said notary to be listed with the names of notaries not exercising their function, which list shall be kept by the Chief Notary to Government and published in the same manner as the list under article 4. 15.

(1)Any notary may be temporarily suspended or incapacitated from the exercise of his functions, in any of the cases mentioned in articles 132, 133 and 135.

(2)He may be partially incapacitated from doing so in any of the cases mentioned in articles 94A and 94B. Suspension or incapacitation. Amended by: XXIV. 2011.

Cessation or disqualification or suspension to be published in Gazette. Amended by: XI. 1937.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
The cessation, incapacitation or suspension from the exercise of notarial duties in any of the cases prescribed by law, and the rehabilitation for the exercise of such duties shall be published without delay in the Gazette by means of a notice to that effect. TITLE IV O F K EEPERS OF N OTARIAL A CTS, N OTARIES D ELEGATE AND N OTARIES TO G OVERNMENT Keepers of notarial acts. Substituted by: XXIV. 2011.
17.

(1)Any notary to whom the Court of Revision of Notarial Acts entrusts the custody of the deeds and registers of any deceased notary or of any notary who has ceased to exercise his functions in any of the cases laid down in this Act, for the purpose of taking due care thereof, of allowing them to be inspected and read, and of giving out copies and extracts of or from the same as provided in this Act or issue the declaration in terms of the proviso to article 68

(2), is said to be a keeper of notarial acts.

(2)Notwithstanding any provision of this or any other law, and saving any agreement to the contrary by notarial act between the interested parties, the appointment 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: (

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 prescribed, within such time and in such 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. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(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 matters as are authorised by this article to be prescribed. 18. The keeper of the Malta Archives and the keeper of the Gozo Archives are respectively ex officio the keepers of the deeds of former notaries to Government in Malta and Gozo and of the notarial acts 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 National Archivist appointed in accordance with the National Archives Act shall be the ex officio curator of the notarial registers of those notaries who were Government notaries in Malta and Gozo, and of the notarial registers belonging to the Government, or which are privately owned but, for one reason or another, do not have a conservator or delegated notary or when such registers are seized for a good reason contemplated in this Act; (
b)the ex officio keeper of the deeds and registers of former notaries in the Land Department or notaries with the Lands Authority, shall be the Notary with the Lands Authority designated by the Minister responsible for notarial affairs, and where the office of Notary with the Lands Authority 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 with the Lands Authority; and (
c)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 (
d)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. 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; XXXIV.2018.6; LXIII. 2021.5. Keepers of acts, appointed by Court of Revision. Amended by: XXXIV.1979.5. Notaries delegate. Amended by: XXIV. 2011.17; XXXIV. 2018.7. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 19. As regards all other notarial acts and registers which are owned by private parties, the Court of Revision shall 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. 20.

(1)Notaries delegate are those whom the said court appoints for the temporary custody of the deeds and registers of a notary during his absence from Malta, or of a notary who is unable to exercise his functions on account of illness, temporary suspension, incapacitation or interdiction or of any other temporary impediment, and for giving out copies and extracts of or from such deeds, or issue the declaration in terms of the proviso to article 68

(2), or merely for giving out copies or extracts of or from the deeds and registers or issue the said declaration in cases where the notary has, without just cause, refused to give out such copies or extracts or issue such declarations.

(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: Provided that a Court may appoint a notary delegate for the purposes of this article for any number of absences of the said notary from Malta during his lifetime, or for one continuous period of absence not exceeding seven

(7)years: Provided further that the Chief Notary to Government or the President of the Notarial Council may by application to the Court, request the appointment of such notary delegate in the circumstances mentioned in the immediately preceding proviso or in the case of incapacity, inability or death of a notary. Keeper or delegate to sign as such. Amended by: XXIV. 2011.18. 21. Any keeper of notarial acts or notary delegate shall, on giving out any copy or extract or issuing a declaration in terms of the proviso to article 68

(2), state his capacity as such by adding to his signature the qualification of keeper or delegate, as the case may be. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 22.

(1)There shall be a Chief Notary to Government and one or more Notaries to Government for the Island of Malta and a Notary to Government for the Islands of Gozo and Comino and there shall also be one or more Notaries Public with the Lands Authority and one or more notaries with the Housing Authority.

(2)The Chief Notary to Government, Notaries to Government, Notaries Public with the Lands Authority and the Notaries 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 with the Lands Authority and the Notaries Public with the Housing Authority shall consist in receiving those deeds only to which the Government, any corporate body established by law, or the Notarial College, 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 the Notary to Government for the Islands of Gozo and Comino, as the case may require; and in the case of absence or other lawful impediment of a Notary Public with the Lands Authority 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 with the Lands Authority or of a 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. Appointment and duties of Notaries to Government, Assistant Notaries to Government and Notaries Public with the Lands Authority . Amended by: XXXVII. 1933.3; XI. 1937.12; X. 1941.4; XXXI. 1946.3; XXVI. 1949.

Substituted by: XII. 1962.
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; XXXIV.2018.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 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; XXXIV.2018.
23.

(1)The Chief Notary to Government, the Notaries to Government and the Notaries in the Government Property Division, shall receive from the Government a fixed salary. Fees payable to Government.

(2)The Chief Notary to Government, the Notary to Government for the Islands of Gozo and Comino, shall collect on behalf of the Government the fees due in terms of article 81.

(3)A 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.

(4)A Notary Public with the Lands Authority shall receive from that Authority a fixed salary and shall collect on behalf of that Authority the fees due in terms of article

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; XXXIV.2018.
The provisions of article 12(b), shall not apply to the Chief Notary to Government or a Notary to Government or a Notary Public with the Lands Authority or a Notary Public with the Housing Authority. TITLE V * Added by: XXIX. 2011.
OF NOTARIAL DEPOSIT ACCOUNTS Notarial Deposit Account. Added by: XXIX. 2011.
24A.

(1)Every notary, except those referred to in article 22, shall open an account with a loca l commercial bank, to be designated a "Notarial Deposit Account", in which he shall deposit all monies deposited with him in his professional capacity: Provided that where the notary closes such account he shall, unless he has already done so, open another one with the same or a different local bank in such a way that he shall always have one such account open: Provided further that the notary may open more than one such account.

(2)The notary shall inform the Notarial Council in the manner and within the time prescribed of the opening and closing of the accounts referred to in sub-article

(1).

(3)The notary shall keep a register in the manner prescribed *the addition of this Title, by article 19 of Act XXIV of 2011, is subject to the provisions of article 103

(1)of the same Act. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES wherein he shall list all the monies deposited in and withdrawn from the accounts mentioned in sub-article

(1), and he shall note therein all other information as may be prescribed: Provided that the notary shall not divulge any information referred to in this sub-article except upon an order of a court.

(4)The notary shall hold monies deposited in such accounts in the name of the persons entitled thereto, and he shall be obliged to pay the equivalent of such monies to such persons as and when the monies become due. Any interest which may accrue in such accounts shall appertain solely to the notary as his remuneration for the service he gives in holding such deposits and operating such accounts.

(5)(

a)Notwithstanding any law to the contrary, the existence of such accounts, duly registered with the Notarial Council, shall have the following legal effects, namely: (
i)the personal creditors of the notary shall have no recourse against the monies held in the accounts; (
ii)monies held in such accounts shall not form part of the notary’s personal estate upon his insolvency; and (iii) monies held in such accounts shall not form part of the matrimonial property of the notary or his spouse, unless the notary or his spouse proves that he is entitled to any of such monies. (
b)Without prejudice to the legal effects set out in paragraph (a): (
i)upon the notary’s demise, his universal heirs shall succeed to the same rights and obligations which the deceased notary had with regard to such accounts; and (
ii)where the notary ceases to perform his functions for reasons other than the one referred to in subparagraph (i), he shall retain his rights and obligations with regard to such accounts, even if a notary keeper of his acts has been appointed.

(6)Where a notary fails to register the opening of such accounts with the Notarial Council, the monies deposited therein shall not have the legal effects set out in sub-article

(5)(a).

(7)The provisions of sub-article

(6)shall not apply: (

i)to monies deposited in such accounts, or (
ii)to monies which are no longer in such accounts, or (iii) to monies which were never deposited in such accounts, if the notary or any person proves by documentary evidence or witnesses or any other means allowed under the provisions of the Code of Organization and Civil Procedure that he is entitled thereto. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(8)The Notarial Council shall keep a record of Notarial Deposit Accounts in the manner prescribed and shall, in the circumstances and manner prescribed, confirm the existence of such accounts to any court, any local bank, any of the universal heirs of a deceased notary or to any other person as may be prescribed.

(9)Notaries shall each year confirm to the Notarial Council the details of such accounts currently held by them.

(10)The Minister responsible for notarial affairs may from time to time, after consulting the Notarial Council, make regulations generally for carrying out the provisions of this article and for such matters as are authorised by this article to be prescribed. PART III O F N OTARIAL A CTS TITLE I O F THE FORMALITIES OF N OTARIAL A CTS Receiving and drawing up of acts. Amended by: XXVIII.1938.2; XXXIV. 1979.6. Substituted by: XXIV. 2011.20. Amended by: XIX. 2012.7; LI. 2021.7. 25.

(1)In this Act, "party" refers to the person who is a party to the negotium which is incorporated in the act and, in the case of a will, to the testator; and "appearer" means the person who appears before the notary either as a party or as the representative or agent of a party.

(2)The notary shall not receive a notarial act except in the presence of the appearers.

(3)The presence of two

(2)witnesses shall be required only in the following cases: (

a)whenever any of the appearers so requests; and (
b)whenever any of the appearers does not know how or is unable to sign his name: Provided that in the case of public wills and in the case of acts of delivery of secret wills, the notary shall in all cases inform and explain to the testator about the testator’s right to have two

(2)witnesses present: Provided further that in the case of public wills if the testator chooses not to have two

(2)witnesses present, the notary shall in the will declare that he has informed and explained to the testator about his right to have two

(2)witnesses present and that the testator chose not to have two

(2)witnesses present: Provided further that in case of acts of delivery of secret NOTARIAL PROFESSION AND NOTARIAL ARCHIVES wills if the testator chooses not to have two

(2)witnesses present, the notary shall in the act of delivery declare that he has informed and explained to the testator about the testator’s right to have two

(2)witnesses present and that the testator chose not to have two

(2)witnesses present.

(4)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 prepared by a person whom he deems trustworthy.

(5)The notary alone is competent to ascertain the will of the appearers and to inquire, after reading over and explaining the act to them, whether it is in accordance with their will.

(6)Notwithstanding the provisions of this and any other law, provided no witnesses are required in terms of sub-article

(3), nor does the proviso to article 34

(1)or any of articles 36, 37, 38 apply, where all the appearers on the act declare that they are fully cognizant of the contents of the act and its annexes, they may by an express declaration exempt the notary from reading over the act to them in which case the following formalities are required: (

a)at the foot of the act and before the final signatures, the notary records both declarations in his own handwriting and signs what he has recorded, (
b)immediately following the notary’s signature, each appearer separately writes in his own handwriting "I confirm this exemption" to which he affixes his signature, and (
c)all the appearers sign every sheet of the act in the outer margin and every annexe, unless the annexes have already been signed in terms of article 28

(1)(k).

The notary must personally be certain of the identity of the appearers, attestors, witnesses and interpreters. Such identity shall be ascertained by the production of the official identity card, passport or other similar official document and, where such document cannot be produced by any of the appearers, on the testimony of two attestors who may also be the witnesses appearing on the act. Notary must be certain of identity of appearers, attestors, witnesses and interpreters. Substituted by: XXXIV. 1979.
Amended by: L.N. 426 of
Substituted by: XXIV. 2011.
27.

(1)No person shall be competent as witness unless such person has attained the age of eighteen years, was born or is residing in Malta and has no interest in the act. Qualifications of witnesses and attestors. Amended by: XXIX. 1963.3; XXIV. 2011.22.

(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 or appearers, 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 or NOTARIAL PROFESSION AND NOTARIAL ARCHIVES appearers; (
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. 1955.2; XXXIV. 1979.8; XIII. 2004.46; XXIV. 2011.23; XIX. 2012.3; XXXIV.2018.11; LXI.2020.7. 28.

(1)Every notarial act must contain (

a)the indication written out in words and in full by the notary himself, of the day, the month and the year, and in the case of a will, also the hour in which the act is signed; (
b)the name and surname of the notary; (
c)(
i)the personal details of the parties, as listed in article 2042 (
a)and (
b)of the Civil Code: Provided that the date of birth may be written in figures only, and if the full address is included in the deed, such address may also contain figures only; (
ii)where the place or date of birth of any of the parties is unknown to the notary or where any of the parties is born of an unknown parent, or where the surname at birth of the parents 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 a person appears as the agent or representative of any of the parties or where witnesses, attestors or interpreters appear thereon, the name and surname, the place and date of birth (which may be written in figures only), and place of residence of such agent, representative, witness, attestor or interpreter; (
iv)where an appearer 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 appearers or a declaration that the notary has ascertained such identity by means of attestors. Where witnesses or interpreters appear on an act, or where the identity of any of the appearers has been ascertained on the testimony of attestors, the number (which may be written in figures only) of the official document produced by such witness, attestor or interpreter for their identification; (
e)the indication, written out, at least in the first instance, in words and in full, of any date, sum of money, amount or quantity of things forming the subject matter of the act: NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Provided further that in any discrepancy between words and figures, words shall prevail; (
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 site plan of the property showing the juxtaposition of the property: Provided that where the same site plan required to be so annexed is already annexed to another public deed, a reference thereto shall suffice: Provided further that for the purpose of this paragraph, all land shall be considered rural unless it is the whole roof and airspace overlying urban property; (
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 the Duty on Documents and Transfers Act and the Income Tax Acts or any other enactments substituting the same, the duty and the tax due in terms of the respective laws regarding the negotium of the notarial act are to be paid at the office of the Commissioner of Inland Revenue, the notary shall annex to the act after the publication thereof the copy given to him by the said Commissioner of the notice which the notary filed at such office, and the copy thus annexed shall be deemed to form part of the act notwithstanding that it is not mentioned in the act and is not signed by the appearers, the witnesses, the attestors, the interpreters, if any, and the notary; (
h)a statement that the notary has duly explained to the appearers 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 or the appearers in any of the prohibited degrees, it shall be lawful for him to assure himself of such fact from the NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 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 appearers, 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 subarticle and, unless article 25

(6)applies, the notary shall initial every sheet of the act and of every annexe thereto, (

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 stamp or 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 the copy of the notice filed at the office of the Commissioner of Inland Revenue subsequently to the completion of the act in terms of the Duty on Documents and Transfers Act and the Income Tax Acts or any enactments substituting the same, the notary may 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 signatures 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 appearers 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 NOTARIAL PROFESSION AND NOTARIAL ARCHIVES and annexes referred to in this article shall not be necessary if all the appearers 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. 28A. Without prejudice to the right of the notary to annex to a notarial act the documents he deems necessary or useful, and without prejudice to his obligation to do so in terms of this Act or any other law, the Minister responsible for notarial affairs may make regulations prescribing the documents which a notary shall be obliged to annex to a notarial act. 29.

(1)Notaries may not make use of abbreviated clauses commonly called et caetera clauses, in any contract of sale, exchange, emphyteusis or letting and hiring, 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 any et caetera clause implying a derogation of any of the provisions of Title IV of Part II of Book Second of the Civil Code. Regulations prescribing the documents to be annexed. Added by: XXIV. 2011.24. Use of et caetera clauses prohibited. Ord. VIII of 1859 with the exception of the second part of article 2, consolidated. Amended by: XXIV. 2013.25.

(3)Where the appearers, 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 clause, the notary may express such stipulations either by writing out such clause in full and without abbreviations or by using other expressions signifying the will of the appearers.

(4)Any clause inserted in any contract in contravention of subarticles

(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. 30.

(1)The original of every notarial act shall be written, typewritten or printed in dark, clear, easily legible and indelible characters, without blanks or spaces unless such blanks or spaces are lined, without abbreviations, corrections, alterations or additions in the body of the act and without erasures. Every original act shall have two margins, one on the righthand 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 appearers, the attestors, interpreter and witnesses, the notary shall make such removal, variation 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 How acts are to be written. Amended by: XXXIV. 1979.9; XXIV. 2013.26. How alterations in the act are to be made. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES t h e a c t , b u t b e f o r e t h e f i n a l s i g n a tu r e s , n u m b e r e d s o a s t o 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 ay be, that other words are substituted for those c a n c e l l e d , an d c o n t a i n i n g i m m e d i a t e l y a f t e r, t h e w o r d s s o 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 m a d e a n d a no t e at t he en d o f t he ac t , b ut b ef o r e t he f i n al signatures, numbered so as to correspond to the relative mark, and containing "the expression "words added", "adde" or other similar expression 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.

The acts of delivery of secret wills shall be written on the back of the paper on which the will itself is written or on that which serves as its envelope. Opening and publication of secret wills. Amended by: XI. 1940.3; XXIV. 2011.28; L.N. 426 of 2012; LXI.2020.
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 will shall keep a record of such publication and 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 personal details of the testator, as listed in article 2042 (
a)and (
b)of the Civil Code; (
f)Protest of a bill of exchange. Amended by: XXIV. 2011.29. 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. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 34.

(1)All notarial acts shall be drawn up in the Maltese or in the English language as the appearers desire: Provided that where all the appearers declare that they are not Maltese-speaking persons nor English-speaking persons, they may require the use of any language other than Maltese or English 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. 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; XXIV. 2011.30.

(2)The notary shall warn the appearers 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 appearer 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 appearers 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 appearers, or without recording the fact that he has warned the appearers 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 sixtyfive 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 shall in such judgment or decree specify the 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 Judicial Proceedings (Use of English Language) Act.

(7)The acts a notary is empowered to receive, perform or issue in terms of article 2

(2)(b), (c), (d), (e), (g), (

h)and (
j)shall likewise be in the Maltese or the English language as the persons signing, approving, declaring or requiring such documents desire, and in the case of the act made in terms of paragraph (
f)in the Maltese or English language as the notary desires, and all the other provisions of this article shall mutatis mutandis apply. 35. All declarations, attestations, certifications, references or notes made by any notary in pursuance of this Act shall be in the Maltese language, except where the act to which they refer has been drawn up in the English language, in which case they shall be drawn up in the English language. Language in which certificates, etc., are to be written. Added by: XI. 1937.8. Interpretation of notarial act into another language. Amended by: XVII. 1929.2: XIII.1933.2; XXIV. 1935.2; XXIV. 2011.31. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 36.

(1)The interpretation of an act into any language, when required for the intelligence of all the appearers shall be made by the notary, or, if the notary does not know the language understood by the appearers, by an interpreter chosen by the appearers.

(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.

(4)The interpreter shall sign the act as provided in article 28

(1)(k) and (l). Procedure when one of the parties is deaf. Amended by: XXIV. 2011.32. 37.

(1)Where any of the appearers is totally deaf, such appearer shall read the act, and a mention of the fact shall be recorded therein.

(2)If such appearer is illiterate use shall be made of the services of an interpreter to be appointed by the Civil Court (Voluntary Jurisdiction Section), 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), and a mention of the taking of such oath shall be recorded in the act.

(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 appearers is dumb, or deaf and dumb. Amended by: XXIV. 2011.33. 38. Saving in regard to wills, the provisions of articles 597 and 668 of the Civil Code, where any of the appearers is dumb, or deaf and dumb, besides the rule laid down in the last preceding article as to the presence of the interpreter the following rules shall be observed: (
a)the appearer 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 appearer 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). NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 39.

(1)Where, in the publication or the drawing up of an act an interpreter has been employed, the notary shall, before the act is signed, state that such interpreter was chosen with the consent of the appearers, or as the case may be, by the Civil Court (Voluntary Jurisdiction Section), and that he took the oath to perform his duties faithfully. If interpreter is not named the act is voidable. Amended by: XXIV. 2011.34.

(2)In default of compliance with the provisions of sub-article

(1), the act is voidable on the demand of the person 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 person shall have given execution to the act. 40.

(1)A notarial act is null: (a) if it has been received by a notary before his name has appeared in the Gazette in terms of article 5

(1); (b) if it has been received by a notary who has ceased to exercise his functions for any of the causes laid down in article 14, or who has been suspended or incapacitated in any of the cases referred to in article 15

(1)and after such cessation, suspension or incapacitation has been published in the Gazette; (

c)if it is undated; (
d)if it has been received in contravention of any of the provisions of article 12(a), (c)(i), (c)(ii), and (d): Provided that if the contravention refers only to one or more parts of the act, only such part or parts shall be null: Provided further that the contravention of article 12(c)(
i)or (
ii)shall only imply the nullity of the disposition or provision referred to in those subparagraphs; (
e)if the requirements of articles 25

(2),

(3),

(4)and

(5), 27, 28

(1)(k) and 34 have not been complied with: Provided that where no witnesses are required in terms of article 25

(3), nor does the proviso to article 34

(1)or any of articles 36, 37, 38 apply, the temporary absence of an appearer during the publication of the act shall not invalidate the act unless, immediately upon his return, he requests the notary to read again what such appearer had not been present for, and the notary refused: Provided further that the omission of signatures in the annexe or list, as required by article 28

(1)(k), shall not render the act null but such unsigned annexe or list shall not be deemed to form part of the act except in so far as the truthfulness of its contents results from the act itself or from the list mentioned in the said paragraph (k): Null and annullable notarial acts. Amended by: XXXIV. 1979.10; XIII. 2005.18; III. 2008.15. Substituted by: XXIV. 2011.35. Amended by: XIX. 2012.4. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Provided further that the omission of the declaration referred to in article 28

(1)(k)(ii) shall not render the act null.

(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 been complied with; (
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 subarticle

(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 which is null in terms of sub-article

(1)may be rendered valid by a subsequent act and with effect thereof, hereinafter referred to as an "act of validation".

(7)An act which is annullable on account of any of the defects listed in sub-article

(2)may, by a subsequent act, hereinafter referred to as an "act of convalidation", have its validity ab initio confirmed.

(8)Where an act of validation is published in terms of subarticle

(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 NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 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 case may be a defective act, and such party has not 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 title shall have the right to apply to the Court of Revision of Notarial Acts requesting it to order that an act be published validating or convalidating, as the case may be, the defective act under such terms and conditions as the Court may 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 appearers on 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 subarticle

(1)(c), but it has been 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, 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 the act the 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 the rights already acquired by third parties, the Minister responsible for notarial affairs may by regulations provide that a notarial act having one or more of the defects mentioned in any of the paragraphs of sub-article

(1)and which has been enrolled in the Public Registry or in relation to which an NOTARIAL PROFESSION AND NOTARIAL ARCHIVES application has been filed in the Land Registry for the first registration of, or the dealing with, the immovable the subjectmatter 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 functions in terms of article 14, shall be deemed to be valid notwithstanding such defect or defects, 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 contraventions. Amended by: XXIV. 2011.

In all other cases not provided for in the last preceding article, the notarial act shall not be null or annullable, as the case may be, but the notary who contravenes the provisions of the law shall be liable to the penalties laid down therein. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
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: Note in margin of original and register where an act is declared to be null or is annulled. Amended by: XXIV. 2011.
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.
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 appearers, the attestors, interpreter, witnesses and notary, as the case may be, as provided in article 28

(1)(k) and (l). 44.

(1)It shall not be lawful to make any alteration in the act after it has been published and signed, as provided in the last preceding article.

(2)Any act having a defect of formality contemplated in paragraphs (a), (b), (c), (d), (f), (g), (

j)and sub-paragraph (
ii)of paragraph (
k)of article 28, may be corrected by the Notary by means of a numbered mark as established in article 30, in the presence of his revision officer, and the said correction shall also be counter initialled on the margins of the act by the revision officer such as to make it clear that the said correction was made after the act was signed by the parties and such corrections shall be referred to hereafter as "post-deed corrections". Any such post deed correction may also be inserted under the signature of the notary in the act: 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. Amended by: XXXIV.2018.12. Provided that any post-deed correction done as contemplated in this article shall not affect the intention of the parties, their consent given in the original act or any of their personal or real rights emanating therefrom.

(3)Where any post-deed correction is done in terms of this article, the revision officer shall make a declaration on the last page of the volume as follows "I, (insert name of revision officer) have authorised the post-deed corrections in this volume", and shall sign the said declaration thereof. 45. The rescission, variation or cancellation of an act must be made by a separate act. 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 Rescission, variation or cancellation to be made by separate act. Notarial corrective act. Added by: XXIV. 2011.39. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES "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 the original act or any of their 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 shall be filed in the Public 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.

(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 third parties until the relative note has been filed in the Public 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 this 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 parties to the original 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 NOTARIAL PROFESSION AND NOTARIAL ARCHIVES sub-article

(9), after which time the declarations on the notarial corrective act shall form an integral 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 rectification of errors or omissions, and such note 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 the original act including any party who may 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 corrective act, a copy of such act of rebuttal shall be sent 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 personal rights or to affect 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. 45B. Notwithstanding the provisions of this Act or any other law, where a person appearing on a notarial act declares thereon that he represents a party to the act on the basis of what is commonly known as the "promessa de rato" of such party, the act 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. 46.

(1)It shall not be lawful for the notary at any time to make any annotation on any act except in the cases specified by law.

(2)The notary shall make annotations relating to registrations made in any registry, to the rescission, 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. 47.

(1)If the notary receiving an act of rescission, cancellation, variation, validation, convalidation, or a notarial corrective act or a subsequent corrective act is the same who had received the original act, he shall within fifteen days enter in the margin or at the foot of the original act and of its registration in the Ratification in certain cases. Added by: XXIV. 2011.40. Annotations that may be made. Amended by: XXXIV. 1979.11; XXIV. 2011.41. References to other acts, and how made. Substituted by: XXIV. 2011.42. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES register a reference to such act.

(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 the act of rescission, cancellation, variation, validation, convalidation, or of the notarial corrective act or subsequent corrective act.

(3)If the notary receiving the act of rescission, cancellation, variation, validation, convalidation, or the notarial corrective act or subsequent corrective act is not the same as the one who had received the act so rescinded, cancelled, varied, validated, 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 subarticle

(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, cancelled, 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 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.

(Repealed by XXIV. 2011.43). References to acts to be given or noted at request of parties.
(Repealed by XXIV. 2011.43). NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 50.

(1)Every notary must, within fifteen working days from the date of the act deliver to the Director of the Public Registry a note of (

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; 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; XV. 2012.28; XXXIII. 2014.4; XVI. 2015.9; XV. 2017.54; XXXVI.2018.112; XXVII.2020.43; LI. 2021.8. (
d)any public will or any publication of a secret will; (
e)any public deed of cohabitation; (
f)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; (
g)any act creating an annuity, in perpetuity or for a time as a real burden on immovable property and any act notifying the termination thereof; (
h)any act imposing any burden, in perpetuity or for a time, on immovable property; (
i)any act of compromise affecting immovable property or real rights over such property; (
j)any act of partition of immovables or any declaration affecting the ownership of immovables or any rights over immovables; (
k)any act of assignment of hereditary rights; (
l)any act of renunciation made by any person on taking religious vows; (
m)subject to the provisions of sub-article

(9), any act whereby a foundation is established or terminated and any act whereby a new endowment, other than an endowment under a scheme which is registered under the Second Schedule of the Civil Code, is granted to a foundation; (

n)any notarial corrective act, any subsequent corrective act and any act of rebuttal in terms of article 45A; (
o)any act to renounce to an inheritance; (
p)any application for a European Certificate of Succession and every issued European Certificate of Succession.

(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. Contents of note. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(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. Copy to be countersigned by Director of Public Registry.

(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 nature of the act and the designation of the settlor in accordance with article 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 foundation, the note shall contain the date and nature of the act, the name of the foundation and the designation of the founder in accordance with article 28

(1)(c) and in the case of a new endowment, the date and nature of the act, the name of the recipient foundation and the designation of the grantor in accordance with article 28

(1)(c): Provided that, in the case of a private foundation, the Notary shall have no obligation and shall not register such notes if the founder or grantor has exempted him from so doing in the relevant deed 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.

(10)When a foundation which is registered with the Registrar is terminated, the administrators shall enrol in the records of a Notary the relative form presented to the Registrar for Legal Persons, and the note delivered to the Director of Public Registry by the Notary shall only contain the date and nature of the act and a reference to the original note delivered to the Director of Public Registry on the establishment of such foundation: Provided that when the Notary who published the deed establishing the foundation was exempted by the founder from delivering the note regarding such establishment to the Director of Public Registry, the administrators and the Notary shall not be bound as aforesaid.

(11)In this article "private foundation" shall mean a foundation as defined in article 31B of the Second Schedule of the Civil Code. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 51. (Repealed by XXIV. 2011.45). 51A.

(1)When there is a transaction relating to a cell of an organisation under article 20A or under article 20B of the Second Schedule to the Civil Code which results in a change in legal ownership of any immovable property or real rights over such property, such event shall be recorded in a public deed before a Notary Public executed by the administrators or their delegates of - 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.

Note to be delivered in relation to cells of organisations Added by: XXXVI.2018.
(a) the transferring organisation and, if different, those of recipient organisation under the said article 20A; or (b) the organisation of which the cell formed part and those of the new organisation under the said article 20B, as the case may be, and the Notary shall, within fifteen

(15)days from the date of the act, deliver to the Director of the Public Registry a note in accordance with article 50.

(2)(a) Where a beneficial owner of immovable property which is held by a private foundation, transfers or otherwise disposes of the beneficial ownership of such property inter vivos to a third party, such a transaction shall be deemed to constitute a transfer of shares for the purposes of the Duty on Documents and Transfer Act, and for the purposes of article 5

(1)of the Income Tax Act. (b) Where a change in the ownership of immovable property does not involve a change in the beneficial ownership thereof, such change shall not be deemed to constitute a transfer of shares for the purposes of the Duty on Documents and Transfers Act, and for the purposes of article 5

(1)of the Income Tax Act but shall nevertheless be recorded as required in this article. (c) For the purposes of article 49 of the Duty on Documents and Transfers Act, "transferor" and "transferee" in a transfer of immovable property inter vivos shall be deemed to include a private foundation acting for the benefit of either the transferor or the transferee of the beneficial ownership of such immovable property, or of both such transferor and transferee.

(3)In this article: "beneficial owner" means the person beneficially entitled to the shares under a private foundation; "private foundation" shall mean a foundation as defined in article 31B of the Second Schedule of the Civil Code. Legal hypothecs to be registered by notary. Amended by: XVII. 1960.2; XLVI. 1973.108; XXIV. 2011.46; XXXIV.2018.13. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 52.

(1)Notwithstanding any covenant to the contrary, every notary must register in the Public Registry, within one month from the date of the relative act, unless registration shall have been made on the demand of other persons any hypothec, assignment, subrogation, reduction or cancellation of a hypothec or privilege, provided that in the case of a privileged debt not yet registered the term specified in this sub-article shall run from date of registration of such debt.

(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 a hypothec, 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 affix thereto the date and his signature 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.

Amended by: XIX. 1988.
(Repealed by XXIV. 2011.47). Duties of notaries residing in Gozo or Comino receiving deeds relative to immovables situated in Malta. Added by: II.1983.
Amended by. XIX. 1988.
(Repealed by XXIV. 2011.47). TITLE II O F THE CUSTODY OF A CTS AND OF THE N OTARIAL REGISTERS Custody and safe keeping of acts. Amended by: XII. 1955.3; XXXIV. 1979.13; XXIV. 2011.
55.

(1)Every notary must with all due care and diligence keep in a safe place the acts received by him with the relative annexes until he shall have deposited the same in the Archives as provided in this Act.

(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 NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 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 either side by two transversal lines must be left 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.

(8)Notwithstanding any other provision of this Act and any other law, the notary may, for the purposes of sub-article

(2), hand over to a binder the original acts and wills, their annexes, indexes and registers to be bound as required by this Act: Provided that the notary shall at no moment release contemporaneously from his possession the originals and their respective registers.

(9)The Minister responsible for notarial affairs shall by regulations made after consultation with the Notarial Council prescribe the conditions under which a notary may hand over the documents mentioned in sub-article

(8). 56. The notary must, within twenty-four hours of the execution of each act, write the title thereof in the margin. 57.

(1)It shall not be lawful to tear out any unwritten pages or part of any unwritten page of any act or of any annexe thereto. Title of act. Blank pages to be crossed.

(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. 58. The notary must register each act within three months from the date of the publication thereof: he must also register the annexes thereto even when in the act it is stated that the same are annexed for preservation only. 59.

(1)The registration is made by transcribing the act and annexes on other pages, with the number and title of the act, and with the references mentioned in the law, placing in their proper places all the words of the act without distinguishing any variation made therein or reproducing the words cancelled.

(2)The notary shall make a signed declaration at the end of each volume, that he has collated the register with the relative original acts. Registration of acts. Amended by: XI. 1937.9: XXXI. 1946.

Mode of registration. Amended by: XXX. 1973.9; II.1978.7; XXXIV. 1979.14; II. 1983.4; XXIV. 2011.
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(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 original acts are to be written, and any variation, addition or cancellation is to be made, shall also apply to the registration of the acts, and any variation, addition made 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.

Numbering of registers. Amended by: XXIV. 2011.
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. 61.

(1)The said registers shall be numbered within one month from the last day of the time prescribed for the registration.

(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 350 pages. Substituted by: II. 1983.5; XXIV. 2011.

No volume of the original acts or of the registers shall contain more than three hundred and fifty pages: Registers of two or more years may be bound in one volume.
Subject to the provisions of the last preceding article, it shall be lawful to bind in one volume the registers of two or more years. Indexes. Amended by: XXIV. 2011.
64.

(1)Every notary must keep two alphabetical indexes, one of the deeds inter vivos, and the other of wills. 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.

(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. NOTARIAL PROFESSION AND NOTARIAL ARCHIVES

(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 each of the parties thereto. Such indexes 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

The notary must preserve and take care of the said registers and indexes, during his lifetime, with the same diligence as the original acts. 66.

(1)The notary shall be responsible for any loss, cancellation, erasure or other injury which, through his fault, may occur in the original acts, annexes, registers or indexes while in his possession.

(2)For the purposes of sub-article

(1), the binder who in terms of article 55

(8)has in his possession the originals, their annexes, indexes and registers shall, during such time, be subject to the same civil and criminal responsibility as the notary. Preservation of registers and indexes. Notary’s responsibility for loss, etc., of acts, etc. Amended by: XXIV. 2011.54.

(3)For the purposes of this Act and any other law, the notary’s civil and criminal responsiblity in case of disclosure to third parties of confidential information resulting from the originals, their annexes, indexes and registers shall extend to the binder. 67. The originals and the registers of acts inter vivos shall be open to the inspection of any person. 68.

(1)Saving the provisions of article 81

(5), public wills and the registers thereof shall not be accessible, during the life of the testator, except to the testator himself, or to a person holding a special authority from him, which authority shall be duly authenticated and shall be kept b

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.