Cap. 55 · Notarial Profession And Notarial Archives (Cap. 55)
Cap. 55 ст. 34Language in which notarial acts are to be drawn up.
TITLE I
(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.
(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 sixty-five cents (11.65) to be imposed by the Court of Revision of Notarial Acts.
(5) Where any act is ordered by a judgment or decree of any court, the court 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 apply. mutatis mutandis
История изменений
- Amended by L.N. 408 of 2007