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Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)

Cap. 55 Art. 6Qualifications for appointment.

TITLE I

In KraftAmtlicher Text

(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. 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.

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Änderungsgeschichte
  • Amended by XXVII.2020.42