Chapter 55

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.