Notarial Profession And Notarial Archives (Cap. 55)

Sommaire

1. Art. 1 Short title.
2. PART I
3. Art. 2 Definitionofoffice of notary.
4. Art. 3 Profession of notary inconsistent with profession of advocate, etc.
5. Art. 4 Publication on Government websites of an annual list of practising notaries, keepers of acts and depositaries.
6. TITLE I
7. Art. 5 Appointment of notaries.
8. Art. 6 Qualifications for appointment.
9. Art. 7 Board of examiners.
10. Art. 8 The qualifying examination.
11. Art. 9 Names of successful candidates submitted for appointment.
12. TITLE II
13. Art. 10 Oathsofallegiance and office.
14. Art. 10A Insurance.
15. Art. 10B Change in name/ surname.
16. Art. 11 Notary bound to give his services.
17. Art. 12 Acts which notary may not receive.
18. Art. 13 Notary insulted or obstructed in the performance of his duties may request the assistance of the Police.
19. TITLE III
20. Art. 14 When a notary ceases to exercise his functions.
21. Art. 15 Suspension or incapacitation.
22. Art. 16 Cessation or disqualification or suspension to be published in Gazette.
23. TITLE IV
24. Art. 17 Keepers of notarial acts.
25. Art. 18 Notarial acts of which the Archivist is the keeper ex officio.
26. Art. 19 Keepers of acts, appointedbyCourt of Revision.
27. Art. 20 Notaries delegate.
28. Art. 21 Keeper or delegate to sign as such.
29. Art. 22 Appointment and duties of Notaries to Government, Assistant Notaries toGovernmentand Notaries Public with the Lands Authority .
30. Art. 23 Salary of Chief Notary to Government, etc.
31. Art. 24 Paragraph (b) of article 12 not to apply to Chief Notary to Government, etc.
32. TITLE V*
33. Art. 24A Notarial Deposit Account.
34. TITLE I
35. Art. 25 Receiving and drawing up of acts.
36. Art. 26 Notary must be certain of identity of appearers, attestors,witnesses and interpreters.
37. Art. 27 Qualifications of witnesses and attestors.
38. Art. 28 Forms of acts.
39. Art. 28A Regulations prescribing the documents to be annexed.
40. Art. 29 Use of et caetera clauses prohibited. Ord. VIII of 1859 with the exception of the second part of article 2, consolidated.
41. Art. 30 How acts are to be written.
42. Art. 31 Acts of delivery of secret wills.
43. Art. 32 Opening and publication of secret wills.
44. Art. 33 Protest of a bill of exchange.
45. Art. 34 Language in which notarial acts are to be drawn up.
46. Art. 35 Language in which certificates, etc., are to be written.
47. Art. 36 Interpretation of notarial act into another language.
48. Art. 37 Procedure when oneoftheparties deaf.
49. Art. 38 Procedure when any of the appearers is dumb, or deaf and dumb.
50. Art. 39 If interpreter is not named the act is voidable.
51. Art. 40 Null and annullable notarial acts.
52. Art. 42 Note in margin of original and register where an act is declared to be null or is annulled.
53. Art. 43 When execution of an act is deemed to be complete.
54. Art. 44 Noalterationin the act after it has been published and signed.
55. Art. 45 Rescission, variation or cancellation to be made by separate act.
56. Art. 45A Notarial corrective act.
57. Art. 45B Ratification in certain cases.
58. Art. 46 Annotations that may be made.
59. Art. 47 Referencestoother acts, and how made.
60. Art. 50 Acts whereof a note is to be delivered to the Director of the Public Registry.
61. Art. 51A Note to be delivered in relation to cells of organisations
62. Art. 52 Legal hypothecs to be registered by notary.
63. TITLE II
64. Art. 55 Custody and safe keeping of acts.
65. Art. 56 Title of act.
66. Art. 57 Blank pages to be crossed.
67. Art. 58 Registration of acts.
68. Art. 59 Mode of registration.
69. Art. 60 Wills to be separately registered.
70. Art. 61 Numbering of registers.
71. Art. 62 Volumes not to contain more than 350 pages.
72. Art. 63 Registers of two or more years may be bound in one volume.
73. Art. 64 Indexes.
74. Art. 65 Preservation of registers and indexes.
75. Art. 66 Notary’s responsibility for loss, etc., of acts, etc.
76. Art. 67 Inspection of acts inter vivos.
77. Art. 68 Wills, etc., not open to inspection.
78. Art. 68A Accessibility of deeds of trust.
79. Art. 68B Accessibility of notarial deeds creating purpose foundations.
80. Art. 69
81. Art. 70 Procedure to be followed in case of death, cessation from exercise of office, suspension or absence of a notary.
82. Art. 71 The notary is the owner of his registers.
83. Art. 72 Procedure in case of alienation of acts and registers.
84. Art. 73 Duties of keeper or custodian.
85. TITLE III
86. Art. 74 Notary has the sole right to allow inspection of acts and give copies thereof.
87. Art. 75 How copies and extracts are to be written.
88. Art. 76 Contentsof copies, extracts and declarations.
89. Art. 77 Issue of copies, extracts and declarations.
90. Art. 78 Declaration where a paleographer, photographer or other expert is employed.
91. TITLE IV
92. Art. 79 Acts which may be given out in original.
93. Art. 80 Authentication of signatures or cross- marks.
94. TITLE V
95. Art. 81 Fees payable to notary.
96. Art. 82 Where act contains several distinct covenants.
97. Art. 84 Joint and several liability of parties towards notary.
98. PART IIIA
99. Art. 84A Formalities relating to notarial trust deeds.
100. Art. 84B Notarial deed creating a private foundation.
101. PART IIIB
102. Art. 84C Notary may examine title.
103. PART IV
104. Art. 85 Notarial College.
105. Art. 86 Notarial Council
106. Art. 87 NotarialCouncilto communicate with the Government, and vice versa.
107. Art. 88 Duties of Notarial Council.
108. Art. 89 Power of Council to admonish notary.
109. Art. 90 Conditions for validity of a decision of Council.
110. Art. 91 Right of appeal to Court of Revision.
111. Art. 92 Power of Notarial Council to make regulations.
112. Art. 93 Suchregulations be approved by the Minister responsible for notarial affairs.
113. Art. 93A Annual fee due to the Council.
114. Art. 94 Minister responsible for notarial affairs shallhavepower dissolve the Notarial Council.
115. PART IVA
116. Art. 94A Review of of notarial acts.
117. Art. 94B Review.
118. Art. 94C Procedure for review of notarial acts.
119. PART V
120. Art. 95 Archives and officers thereof. The archivist shall take oaths of allegiance and office. Cap. 12.
121. Art. 96 Appointment of archivist.
122. Art. 97 Acts deposited for preservation in the Archives of Malta.
123. Art. 98 Acts deposited for preservation in the Archives of Gozo.
124. Art. 98A Notarial deeds deposited for preservation in the National Archives.
125. Art. 99 Ss. 68 and 69 to apply to acts deposited in the Archives.
126. Art. 100 Duties and responsibilities of archivist.
127. Art. 101 Archivist to collect fees.
128. Art. 102 Archivist to permit the inspection and to give out copies of actsdeposited the Archives.
129. Art. 103 Indexes of acts deposited in the Archives.
130. Art. 103A General index of notaries.
131. Art. 104 Collection of fees by archivist.
132. Art. 105 Prohibition to remove any act from the Archives without an order of court.
133. Art. 106 Original acts and registers thereof to be kept in separate places.
134. Art. 107 Office hours.
135. Art. 108 Persons entering the Archives shall obey orders of the Archivist.
136. Art. 109 Expenses required forthepreservation of acts.
137. TITLE I
138. Art. 110 Court of Revision of Notarial Acts.
139. Art. 111 Decisions to be notified to the Attorney General, thePresident of the Notarial Council, the archivist or the notary concerned.
140. Art. 112 Right of appeal.
141. Art. 112A Procedures and fees.
142. Art. 113 Procedure.
143. Art. 114 Registrar of the court.
144. Art. 115 Inspections without previous notice.
145. Art. 116 Inspection of Notarial Archives.
146. Art. 117 General inspection of acts to be made twice in every year.
147. Art. 118 Record of each inspection.
148. Art. 119 Counter-signature of volumes.
149. Art. 120 Procedure where notary is summoned.
150. Art. 121 Appearance of notary and production of acts.
151. Art. 122 The court may require the production of the acts of any period.
152. Art. 123 The court may issue warrants of escort or seizure.
153. Art. 124 Duties of the court.
154. Art. 125 Information of any contravention may be laid by any person. Procedure.
155. Art. 126 Seizure of acts and deposit thereof in the Archives in case of death, etc., of a notary.
156. Art. 127 Person in possession of acts of deceased notary, etc., to give notice thereof to the registrar.
157. TITLE II
158. Art. 128 Disciplinary punishments.
159. Art. 129 Admonition and reprimand.
160. Art. 131 Contraventions punishable with a fine (ammenda).
161. Art. 132 Contraventions punishable with suspension.
162. Art. 133 Causes which entail temporary incapacitationfrom exercise of notarial functions.
163. Art. 134 The incapacitation of the notary shall be declared in judgment.
164. Art. 135 Incapacitation during the course of proceedings.
165. Art. 136 Incapacitation enforceable notwithstanding appeal.
166. Art. 137 Penalty of suspension is enforceable notwithstanding appeal.
167. Art. 138 Deprivation of office.
168. Art. 139 Cases in which deprivation of office may be ordered by the President of Malta.
169. Art. 140 Extenuating circumstances.
170. Art. 141 Relapse.
171. Art. 142 Limitation of disciplinary action.
172. Art. 143 Punishment of notary whose conduct is derogatory to the honour and dignity of the profession.
173. Art. 144 Any order made against any notary in criminal matters shall be communicated to the Attorney General.
174. Art. 145 Application of disciplinary punishments mentioned in this Part.
175. PART VII
176. Art. 146 Tariff.
177. Art. 152 Power to make regulations.