authenticated and shall be kept by the notary in a register for the purpose, where the authority shall be numbered. A reference to the number of the authority shall be made on the will or the register.
\n
(2)The Notary who had drawn up a will unica charta or his keeper or delegate Notary shall, after the death of one of the testators and without the need of any further authorisation, have the authority to issue to any person an extract from such will which shall contain all the testamentary dispositions of the deceased testator:
\n
Provided that with regard to such will published before 1st March 2005, the notary shall, instead of an extract, issue a declaration containing the substance of the testamentary dispositions of the deceased testator in such a way that the dispositions of the surviving testator shall not be divulged. Where the notary encounters difficulties in drawing up the declaration, he shall have the right to apply to the Court of Voluntary Jurisdiction requesting it to give him directions as to the manner in which the declaration is to be made; and the court shall give him such directions as it deems fit.
\n
Inspection of acts inter vivos.
\n
Wills, etc., not open to inspection.
\n
Amended by:
\n
V. 1939.2,3;
\n
L.N. 148 of 1975;
\n
XXXIV. 1979.15;
\n
II. 1983.6;
\n
XVIII. 2004.114;
\n
XXIV. 2011.55.
\n
Rules as to inspection of wills unica charta.
\n
Accessibility of deeds of trust.
\n
Added by:
\n
XIII. 2004.48.
\n
Accessibility of notarial deeds creating purpose foundations.
\n
Added by:
\n
XIII. 2007.14.
\n
Substituted by:
\n
XXXVI.2018.114.
\n
Exception.
\n
Amended by:
\n
XIX. 1988.9;
\n
XXIV. 2011.56.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 68A. (1) All deeds of trusts done by notarial deed in terms of article 43A of the Trusts and Trustees Act, except any act of settlement under trust or unilateral declaration of a trust of immovable property or real rights over such property, and any vesting or divesting of a trustee in respect of such property or rights, shall not be accessible to any person other than the settlor, the trustee or such other person as may be permitted access by the terms of the trusts, the applicable law or under authority of any court.
\n
(2)The same rules shall apply to all other documents relative to a trust held by the depository notary in terms of the said Act.
\n
(3)In the case of a testamentary trust, the provisions of this Act which apply to wills shall apply mutatis mutandis; however, the provisions of this article shall not apply to all documents subsequently filed with the depository notary in accordance with article 43A of the Trusts and Trustees Act.
\n
(4)For the better carrying out of its functions under the Trusts and Trustees Act, the Authority, as defined in the said Act, shall h a v e t h e r i g h t a nd p o w e r t o d e m an d i n f o r m a t i o n f r o m a n y depository notary relating to any trust documents in his possession and in such a case the depositary shall provide such information and documents as may be requested notwithstanding any duty of professional secrecy.
\n
68B. (1) Notarial deeds creating purpose foundations shall be accessible to any person requesting to have access thereto even if the purpose is not exclusively social or public benefit.
\n
(2)The accessibility of notarial deeds creating private foundations shall be governed by the provisions of article 31B of the Second Schedule to the Civil Code.Originals not to be delivered to any person.
\n
69.(1) Saving the provisions of article 55(8), the notary shall not deliver to any person the original of any act, nor can he be compelled to present or deposit the same, except in the cases and in the manner prescribed in this Act or in pursuance of a decree of a court.
\n
(2)It shall not be lawful to return to any of the parties to an act, or other person interested therein any of the annexes thereto except in pursuance of an order to that effect of the competent court; in any such case, the notary must keep among the acts a receipt together with an authentic copy of the annexe so returned and a copy of the order directing such return.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 70. (1) On the death of a notary, or where a notary has ceased from the exercise of his office or has been suspended therefrom in terms of articles 14 and 15(1), or is about to leave Malta, the acts received by him with the respective registers and indexes shall be deposited in the Archives, unless the Court of Revision of Notarial Acts shall have appointed a notary to be the keeper or custodian of such acts or registers, on the demand of the heirs of the deceased notary, or of the lawful owners of his registers or, as the case may be, of the notary himself who has ceased from exercising his office or has been suspended or incapacitated therefrom or is about to leave Malta.
\n
Procedure to be followed in case of death, cessation from exercise of office, suspension or absence of a notary.
\n
Amended by:
\n
XI. 1937.10;
\n
II. 1978.8;
\n
XXIV. 2011.57.
\n
(2)In the case of rehabilitation of the notary in accordance wi t h t h e p ro v i s i on s o f a r ti c l e 1 4 ( 2) , o r o f c e s s a t i on o f t h e suspension inflicted upon him in terms of article 15(1), or of his return to Malta, the notary may apply to the said court for the restitution of the aforesaid registers and indexes.
\n
71.(1) Every notary is the owner of the registers of the acts received by him and of their respective indexes.
\n
(2)He may dispose of the said registers and respective indexes as a whole in favour of any person by a public deed or by will.
\n
The notary is the owner of his registers.
\n
Amended by:
\n
II. 1978.9;
\n
XXIV. 2011.58.
\n
(3)The original acts, registers and indexes, shall not be subject to any precautionary or executive warrant and may not be sold by judicial auction.
\n
72.(1) Any notary alienating his registers and respective indexes must, within ten days, give notice of such alienation to the Registrar of the Court of Revision.
\n
(2)In any such case, such notary shall remain responsible for the safe keeping of the acts and registers until such time as, on his demand or on the demand of the alienee the said court shall have appointed as keeper thereof the alienee himself, if he is a notary, or otherwise, another notary proposed by the alienee and accepted by the said court.
\n
73.Any notary, appointed keeper or custodian in any of the cases mentioned in this Act, shall have, in respect of the acts or registers entrusted to his care, the same duties as in respect of his own acts or registers.
\n
Procedure in case of alienation of acts and registers.
\n
Amended by:
\n
II. 1978.10.
\n
Duties of keeper or custodian.
\n
Amended by:
\n
XXIV. 2011.59.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
TITLE III
\n
O F C OPIES, E XTRACTS AND DECLARATIONS Notary has the sole right to allow inspection of acts and give copies thereof.
\n
Amended by:
\n
XXXVII. 1933.4;
\n
II.1978.11;
\n
II. 1983.7;
\n
XIX. 1988.10;
\n
XXIV. 2011.60.
\n
74.(1) Saving the provisions of Part V of this Act, the notary alone during his lifetime and so long as he continues in the exercise of his profession shall have the right to allow the inspection and the reading of the acts received by him or of the acts received by another notary and of which he is the keeper, and to give copies and extracts of or from such acts or issue the declaration referred to in the proviso to article 68(2).
\n
Notary is bound to give copies.
\n
Exceptions.
\n
(2)The notary is bound to give any copy, extract or declaration required by any person:
\n
Provided that he may refuse to give any such copy, extract or declaration, if the person requiring the same shall not deposit with him the amount of fees and expenses, or until full payment of the fees, accessory charges and expenses shall have been made.
\n
(3)The notary shall not permit the inspection or the reading of any will or give any copy of or extract from such will, during the lifetime of the testator, except to the testator himself or to a person holding a special authority from him duly authenticated, or to other persons in the presence of the testator, saving the provisions of article 68(2) and of article 81(5).
\n
(4)Saving the provisions of articles 205 and 207 of the Civil Code, the notary shall not on the mere allegation of the death of a testator give any copy of a will, extract thereof or declaration, or make its contents or even its existence known to any person, unless such person produces an extract of the act of death of the testator which extract shall be retained by the notary.
\n
(5)Where a copy of a will, whether authenticated or not, is issued (a) the notary shall state in writing at the end thereof: (i) to whom such copy has been issued; (ii) where the copy has not been issued to the testator himself, that he has ascertained either that the testator is dead or that the person to whom the copy is to be given is duly authorized to receive it; (b) when the testator is still alive, the person to whom the copy is given shall on receipt thereof sign such copy in the presence of the notary.
\n
(6)Where an extract is issued in terms of article 68(2) or a declaration is issued in terms of the proviso to such sub-article, the notary shall state in writing at the end thereof to whom such extract or declaration has been issued after duly ascertaining that the provisions of such sub-article or proviso apply.
\n
(7)The provisions of sub-article (4) and of sub-article
\n
(5)(a)(ii) and (b) shall not apply where one hundred years have elapsed after the making of the will.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 75. (1) The provisions of article 30 as to the manner in which the original acts are to be written, and any variation, addition or cancellation is to be made, shall apply also to copies and extracts issued from acts or registers:
\n
How copies and extracts are to be written.
\n
Amended by:
\n
XXIV. 2011.61.
\n
Provided that any variation or addition made in the original act or in the register as provided in the said article and in article 59 shall be copied out in its proper place in the body of the act and not by means of a marginal note.
\n
(2)Copies may also be printed or prepared by other mechanical means, provided the impression of the characters be made with indelible ink.
\n
(3)The notary, however, may not remove from his office the original acts or registers except for the purpose of preparing copies as provided in sub-article (2).
\n
76.(1) A copy contains a faithful transcription of an act in conformity with the original or the register.
\n
(2)An extract contains a faithful transcription of one or more parts of an act in conformity with the original or the register; it must always reproduce the commencement and the conclusion of the act.
\n
Contents of copies, extracts and declarations.
\n
Amended by:
\n
XXIV. 2011.62.
\n
(3)Besides the information referred to in the proviso to article 68(2), a declaration made in terms of such proviso shall contain the date and time when the will was executed, the name of the notary who received it, and the full particulars of the deceased testator and the witnesses, the attestors and the interpreters, if any, and a transcription or the substance of any annexe to the will but only to the extent that such annexe refers to the deceased testator:
\n
Provided that where the contents of an annexe refer exclusively to the deceased testator, the notary may issue a photocopy of such annexe.
\n
77.(1) Every copy and extract shall bear at the end the date of its issue and shall be authenticated by the notary who shall affix his signature thereto and the words \"in conformity with the original\" or \"in conformity with the register\" or other similar expression.
\n
(2)Every declaration in terms of the proviso to article 68(2) shall bear at the end the date of its issue, and the notary shall affix his signature thereto and the words \"declaration made in terms of the proviso to article 68(2) of Chapter 55\" or other similar expression.
\n
(3)If the copy, extract or declaration consists of more than one page, each page shall be signed in its margin or at its foot by the notary or the Archivist.
\n
(4)The notary shall transcribe or make a photocopy of any or all of the annexes to the act or register if he is requested to do so by the person requiring the copy or the extract.
\n
(5)The notary shall transcribe at the end of every copy, or in the margin of its first page, the references to other acts entered in the original act or in the register as the case may be.
\n
Issue of copies, extracts and declarations.
\n
Substituted by:
\n
XXIV. 2011.63.
\n
Declaration where a paleographer, photographer or other expert is employed.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 78. Where, for the purpose of interpreting or reproducing any act, owing to its antiquity or to its special nature or to the language in which it is written, or for the purpose of reproducing any impression or design, a paleographer, photographer or other expert has been employed, the notary or Archivist may not certify that the interpretation or the reproduction conforms to the original, but only that it has been made from the original which is under his custody or exists in the Archives.
\n
TITLE IV
\n
O F A CTS WHICH ARE DELIVERED IN O RIGINAL TO THE PARTIES, OF THE A UTHENTICATION AND LEGALIZATION OF S IGNATURES OR C ROSS-MARKS Acts which may be given out in original.
\n
Amended by:
\n
XXIV. 2011.64.
\n
79.The notary may give out to the parties in the original, besides the applications and other acts relating to matters of voluntary jurisdiction prepared by him, the following acts only (a) the procès-verbaux; (b) the authentications of signatures and cross-marks; and (c) the acts and certificates referred to in article 2(2)(c), (d), (e), (g) and (h).
\n
Authentication of signatures or crossmarks.
\n
80.(1) The authentication of the signatures or cross-marks set a t t h e e n d o f a n y p r i v a t e w r i t i n g a n d i n t h e m a rg i n o f t h e intermediate sheets thereof, must be written out under such signatures or cross-marks, and must contain a declaration that the same were set in the presence of the notary and of the witnesses and attestors, if any, with the date and indication of the place:
\n
Provided that as regards the signatures or cross-marks in the margin and in the intermediate sheets, the signature of the notary alone, under such signatures or cross-marks shall be sufficient.
\n
(2)The notary does not assume any responsibility for any nullity or irregularity contained in any writing authenticated by him, except where such writing contains any stipulations contrary to good morals.
\n
TITLE V
\n
O F F EES, C HARGES AND OTHER E XPENSES DUE TO N OTARIES Fees payable to notary.
\n
Amended by:
\n
XXIV. 2011.65.
\n
81.(1) The notary is entitled to receive from the parties in respect of every act, copy, extract or declaration as well as in respect of any other professional service under article 2, a fee, in addition to the reimbursement of the expenses and to other accessory charges.
\n
(2)If the act is null or annullable for any cause attributable to the notary, the notary shall not be entitled to any fee or to the reimbursement of the expenses or to any other charge.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
(3)The fees and the accessory charges payable to the notary shall be those fixed in the Tariff relating to the Notarial Profession and the Notarial Archives in the Schedule annexed to this Act.
\n
(4)The notary shall, in respect of the services provided in terms of article 84C, be entitled to receive from the transferee the f e e s f i x e d i n t h e Ta r i f f a n d , w h e r e t h e r e i s a c o n t r a c t o f engagement, the fees agreed upon in such contract. He shall also be entitled to the reimbursement of all expenses and accessory charges.
\n
(5)Such fees and charges shall be taxed by the court of voluntary jurisdiction, which, for the purpose of taxing the fees due in respect of a will, during the lifetime of the testator, may cause the contents of such will to be examined by its deputy registrar, after administering to him the oath to maintain secrecy in regard to all the provisions of such will.
\n
82.If the act contains several distinct covenants, a fee shall be due in respect of each of such covenants.
\n
83.(Repealed by XXIV. 2011.66).
\n
84.The parties are jointly and severally liable towards the notary for the payment of the fees and charges due to him as well as for the reimbursement of the expenses, except in the case of services rendered by the notary in the exclusive interest of one or some of the parties only.
\n
Where act contains several distinct covenants.
\n
Expenses and fees to be noted on copies.
\n
Joint and several liability of parties towards notary.
\n
PART IIIA O F N OTARIAL TRUST DEEDS 84A. (1) The formalities for notarial acts for the settlement of property under trusts, including unilateral declarations of trusts and the vesting and divesting of a trustee in respect of trust property applicable when a settlor wishes to create a trust by means of a notarial trust deed or when it is mandatory to do so in terms of article 43A of the Trusts and Trustees Act, shall be laid down from time to time by the Authority referred to in the Trusts and Trustees Act:
\n
Formalities relating to notarial trust deeds.
\n
Added by:
\n
XIII. 2004.49.
\n
Provided that where the deed involves the transfer, vesting or divesting of any immovable property or real rights over such property, a notarial act shall be drawn up in accordance with Part III of this Act.
\n
(2)The custody of notarial trust deeds and other trust documents relative to the same trust and their registration by the notary, access thereto and the issue of copies and extracts therefrom may also be regulated by such rules.
\n
(3)In this article \"notarial trust deed\" shall include such notarial deed whereby a trustee declares an inventory of assets placed under trust in terms of article 43A of the Trusts and Trustees NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Act.
\n
Notarial deed creating a private foundation.
\n
Added by:
\n
XIII. 2007.14.
\n
84B. The provisions of article 84A shall apply mutatis mutandis to a notarial deed creating a private foundation.
\n
Added by:
\n
XXIV. 2011.67.
\n
PART IIIB Notary may examine title.
\n
Added by:
\n
XXIV. 2011.67.
\n
Amended by:
\n
XXXIV.2018.14.
\n
Examination of title.
\n
Where a notary examines title.
\n
OF THE EXAMINATION OF TITLE 84C. (1) A notary is empowered to compile documents conducive to establishing both the title to an immovable property and the causes of preference among creditors affecting such title.
\n
He has the right to interpret the compiled documents and give advice thereon. In this Act, this process of compilation, interpretation and advice is referred to as \"the examination of title\" or cognate expressions.
\n
(2)Without prejudice to his responsibility in terms of this article, the notary shall have the right to delegate any or all of these powers to persons he deems trustworthy.
\n
(3)The examination of title shall be carried out in terms of regulations made under this article.
\n
(4)A notary may examine title whenever he is instructed to do so by a written contract of engagement whose requisites shall be laid down by regulations.
\n
(5)A notary who publishes a notarial act of transfer of ownership of immovable property or other real rights over such property shall be deemed to have been instructed by the transferee to examine its title:
\n
Provided that the transferee may, by an express declaration recorded in the notarial act, exempt the notary from the obligation imposed on him in terms of this sub-article or limit the extent of such obligation in any way the transferee deems fit:
\n
Provided further that regulations may list the instances where a notary shall be exempt from examining the title, and the notary shall mention in the act that he is so exempt:
\n
Provided further that regulations may list the instances where and the conditions under which a notary may refuse to examine title, and the notary shall mention in the act all the relevant details.
\n
(6)Where a notary publishes a notarial act containing a transaction other than the transfer of ownership of immovable property or other real rights over such property, or where he authenticates a private writing containing a transaction referring to such property, his obligation to examine title shall arise if, and to the extent that, specific regulations are made with regard thereto.
\n
(7)Notwithstanding the provisions of this Act or any law: (a) a notary’s responsibility for the examination of title shall be regulated by, and be strictly interpreted according to, this article and the regulations made NOTARIAL PROFESSION AND NOTARIAL ARCHIVES thereunder; (b) where a notary examines title he shall exercise the diligence required by the regulations referred to in paragraph (a); (c) where he examines title in terms of the regulations, he shall be deemed to have acted with due diligence; (d) only the following persons may bring an action against a notary in connection with the examination of title which he has carried out: (i) the person with whom he has entered into a contract of engagement in terms of sub-article
\n
(4), (ii) the transferee referred to in sub-article (5), or (iii) the persons indicated in regulations which may be made in terms of sub-article (6). (e) Where a notary is deemed to have been engaged to examine title by the transferee or has been engaged to examine title by any person, the said Notary may not, without the prior consent of the transferee or person who engaged him, be questioned on any matter in reference to the said examination of title, or on a property title report, or on any communication related thereto, nor may the notary be constrained to produce any document which is not available publicly, or to disclose in any manner a matter or information which may have come to the knowledge of the notary in professional confidence or in his professional capacity.
\n
(8)(a) Where a notary receives instructions in terms of subarticle (4) or where he is bound to examine title in terms of this article, he shall inform the transferee in any manner, including through verbal communication, of those facts and findings resulting from the searches and those reservations which he is specifically required to mention in terms of the regulations made under this article. (b) Unless the transferee has already made a declaration in terms of the first proviso to sub-article (5) exempting the notary from examining the title, or where the notary records in the act in terms of the second proviso thereto that he is exempt from examining title, or the notary records in the act in terms of the third proviso thereto that he is authorized to refuse to examine title, the notary shall be deemed to have been instructed by the transferee to examine title.
\n
(9)The notary shall be the owner of the documents he compiles for the examination of title and shall preserve them for a period of five years. Such period shall run from the date agreed upon in the contract of engagement or if no such date was agreed upon from the date of the contract of engagement or in default from the date of the deed where the examination was made in terms of sub-article (4), and from the date of publication of the act where the examination was made in terms of sub-articles (5) or (6) and, in the case of a private writing referred in sub-article (6), from the date it is Preservation of documents.
\n
Actions.
\n
Other services.
\n
Regulations.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES authenticated by the notary.
\n
(10)An action brought against a notary by a person mentioned in sub-article (7)(d) alleging any act or omission of the notary regarding the examination of title shall be barred by the peremptory term of five years which starts running from the dates mentioned in sub-article (9).
\n
(11)Nothing in this article shall preclude the notary from being engaged only to compile any of the documents referred to in subarticle (1), or to interpret or give advice on such documents which he or a third party has compiled, but this shall not be deemed to be the examination of title as defined in this article. Such a service shall be regulated by an ad hoc contract of engagement made in terms of regulations made under this article.
\n
(12)The Minister responsible for notarial affairs shall from time to time make regulations, after consulting the Notarial Council, prescribing any matter referred to in this article including, but not limited to: (a) the manner in which and the extent to which a notary examines title; (b) the exemptions from the obligation to examine title, and the instances where and conditions under which a notary may refuse to examine title; (c) the applicability or otherwise of this article both to notarial acts containing transactions other than the transfer of ownership of immovable property or other real rights over such property, and to transactions referring to such property made by a private writing authenticated by a notary; (d) services analogous to but short of the examination of title in terms of this article; (e) the degree of diligence required of the notary; (f) the formalities of a contract of engagement; and (g) the facts and findings resulting from the examination of title and the reservations which the notary is required to mention to a transferee.
\n
PART IV
\n
O F THE N OTARIAL COLLEGE AND OF THE N OTARIAL COUNCIL Notarial College.
\n
Amended by:
\n
XXXIV.2018.15.
\n
85.(1) The Notarial College whose object shall be to promote the welfare and progress of the notarial profession, shall be composed of all the notaries actually practising their profession in Malta and Gozo.
\n
(2)By virtue of its constitution under this Act and without the need of any registration or any other formality, the Notarial College shall be a body corporate having distinct legal personality which has a patrimony of assets and liabilities separate and distinct from NOTARIAL PROFESSION AND NOTARIAL ARCHIVES that of any other person and the legal powers to achieve its purpose through the administration of its own governing body. The Notarial College, represented by its President may on its behalf be capable of entering into contracts, of acquiring, holding and disposing of any kind of property for the purposes of its objects, of suing and being sued, and of doing all such things and entering into all such transactions as are incidental or conducive to the exercise or performance of its objects under this Act:
\n
Provided that any contract to which the Notarial College is a party shall be published by the Chief Notary to Government.
\n
86.(1) The direction and management of the Notarial College shall be entrusted to a committee called the Notarial Council, elected annually from among the members of the College.
\n
Notarial Council
\n
(2)The names of the members composing the Notarial Council shall be published in the Gazette.
\n
87.The Notarial Council shall communicate with the Government and the Government with the Council on all matters affecting the profession or connected therewith.
\n
Notarial Council to communicate with the Government, and vice versa.
\n
88.(1) The Notarial Council shall, of its own motion or on the complaint of any person, inquire into the professional conduct of any notary which is considered to be repugnant to the decorum of his profession, or into any charge of negligence or abuse made against any notary in the exercise of his profession or in connection with professional matters, unless the power to take cognizance of and deal with such conduct or charge of abuse or negligence is vested in some other authority under this Act or any other law for the time being in force.
\n
Duties of Notarial Council.
\n
Amended by:
\n
XXIV. 2011.68.
\n
(2)Without prejudice to the generality of sub-article (1), the Code of Ethics made in terms of article 92(2) may define any matter referred to in sub-article (1) as a breach of ethics.
\n
89.(1) If on any such inquiry, the Notarial Council is satisfied that a notary has been guilty of any such conduct, abuse or negligence as mentioned in the last preceding article, the Council shall have power to admonish such notary and shall report the case to the Attorney General and to the Court of Revision.
\n
(2)Where within a period of five years the Council has admonished a notary three times for such conduct, abuse, negligence or a breach of ethics, he may be suspended from office by the Court of Revision for a period from one to six months upon an application being made to the Court by the President of the Council.
\n
90.No admonition shall be made nor shall any case be reported to the Attorney General and to the Court of Revision, as provided in the last preceding article, unless the notary concerned shall have had full opportunity to defend himself, and no decision of the Notarial Council shall be valid unless it has been agreed to by at least two-thirds of the members of the Council.
\n
Power of Council to admonish notary.
\n
Amended by:
\n
XI.1937.12:
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68;
\n
XXIV. 2011.69.
\n
Conditions for validity of a decision of Council.
\n
Amended by:
\n
XI. 1937.12;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68.
\n
Right of appeal to Court of Revision.
\n
Power of Notarial Council to make regulations.
\n
Amended by:
\n
XXIV. 2011.70.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 91. Any notary on whom any punishment has been inflicted under the provisions of articles 88 and 89, may appeal to the Court of Revision of Notarial Acts, by an application to be filed within fifteen days from the date on which notice has been given to him of the punishment so inflicted, and such court shall have power to reverse the decision of, or to vary the punishment inflicted by, the Notarial Council.
\n
92.(1) The Notarial Council shall have power to make regulations respecting the functions and duties of the Notarial College and of the Notarial Council, the meetings to be held by the College and by the Council, the procedure to be followed at such meetings, and the payment of a fee by the members of the College, as well as all other regulations which may be deemed necessary or expedient for the maintenance of the College and the furtherance of its object.
\n
(2)The Notarial Council shall have the power to make and amend, with the approval of the Notarial College, regulations respecting a Code of Ethics for Notaries.
\n
Such regulations to be approved by the Minister responsible for notarial affairs.
\n
Amended by:
\n
XXV.1962.4;
\n
L.N. 4 of 1963;
\n
XXXI. 1966.2;
\n
IX. 2000.3.
\n
93.The regulations mentioned in the last preceding article shall, before coming into operation, be submitted to the Minister responsible for notarial affairs to be approved by him.
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Annual fee due to the Council.
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Added by:
\n
XXIV. 2011.71.
\n
Amended by:
\n
XXXIV.2018.16.
\n
93A. Unless a higher fee is prescribed in the regulations made in terms of article 92(1), the annual fee due to the Notarial Council by each notary, to the exclusion of those mentioned in article 22, shall be calculated on the basis of five euro (€5)for every act published by the notary during any calendar year (to the exclusion of wills and acts in terms of Part IIIA), and such fee shall become due at the end of every calendar year and payable upon presentation of the acts in terms of article 94A(12)(d). The annual fee shall be revised according to the cost of living index every ten years from basis year 2010 and, in default of such an index, in terms of regulations made under this Act:
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Minister responsible for notarial affairs shall have power to dissolve the Notarial Council.
\n
Amended by:
\n
XXV. 1962.4;
\n
L.N. 4 of 1963;
\n
XXXI. 1966.2;
\n
IX. 2000.3.
\n
Provided that the said fee of five euro (€5) shall be due on deeds published after the 1st January 2019.
\n
94.If the Notarial Council fails to comply with the requirements of article 88, the Minister responsible for notarial affairs shall have power to dissolve the same and direct the election of a new Council.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES PART IVA OF THE REVIEW OF ACTS 94A. (1) For the purposes of this Part and Part VI, unless the context otherwise requires, the following definitions shall apply: \"acts\" means the original inter vivos acts except those published in terms of Part IIIA; \"Chief Notary\" means the Chief Notary to Government, and includes a Notary to Government duly delegated by him and approved by the Court;
\n
Added by:
\n
XXIV. 2011.72.
\n
Review of of notarial acts.
\n
Added by:
\n
XXIV. 2011.72.
\n
Amended by:
\n
XIX. 2011.11;
\n
XXXIV.2018.17. \"basis year\" means any calendar year starting on the first day of January and ending on the thirty first day of December of that year; \"Council\" means the Notarial Council; \"Court\" means the Court of Revision of Notarial Acts established by article 110; \"inspection\" has the meaning assigned to it in Part VI; \"Minister\" means the Minister responsible for notarial affairs; \"notary\" includes notary keeper; \"partial incapacitation\" has the meaning assigned to it in subarticle (19); \"period of presentation\" means the months from April to September both inclusive immediately following the end of any basis year; \"period of review\" means a continuous period of twelve months starting on the first of July of the year immediately following the end of a basis year, during which period the notarial acts are reviewed; \"President of the Council\" means the President of the Council acting in such a capacity in the name of the Council, or his delegate; \"previous basis year\" means the basis year immediately preceding the period of presentation, and shall include any part thereof; \"review\" has the meaning assigned to it in article 94B; \"review officers\" means the persons holding such an appointment in terms of sub-article (4); \"wills\" means the the original wills; and includes the original acts of delivery of secret wills published up to 31st December 2011.
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(2)It shall be the duty of the Council to ensure that all acts published in any basis year are presented to a review officer during the period of presentation so that the latter may review them during the period of review, and that within two months immediately following the completion of the period of review, the acts are inspected by the Court in terms of this Act.
\n
(3)For the purposes of sub-article (2), the President of the Council shall from time to time by application to the Court submit Council’s duty.
\n
Appointment of review officers.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES t h e n a m e s o f s u c h q u a l i f i e d p er s o n s a s t h e C o u n c i l d e e m s appropriate for appointment as review officers, and the Court shall within fifteen days approve or otherwise their proposed appointment.
\n
Qualifications
\n
(4)The Council shall appoint as review officers the persons so approved for such periods of time, which may not be less than one year, and under such conditions as the Council shall determine.
\n
(5)(a) No person shall be qualified to be appointed as review officer unless he holds or has held the warrant of notary or advocate for at least two years:
\n
Provided that a notary’s appointment as review officer shall be conditional on his resigning his office as notary as provided in article 14(1)(d); so however that, if he is not re-appointed as review officer or if he resigns the office of review officer, he may within three months of the date when he could have been reappointed review officer or from the date of his resignation as review officer, apply to the Minister responsible for notarial affairs to be granted again the warrant to exercise his profession as notary and, in such case, notwithstanding any other provision of this or any other law and provided the President of the Council confirms to the Minister that the Council is in possession of the documents required by sub-article
\n
(12)(a), (b) and (c), the Minister shall submit his name to the President of Malta who shall forthwith reappoint him notary, and his re-appointment shall be published in the Gazette in terms of article 5(1).
\n
Oath of office. (b) If a review officer is not so re-appointed following his term as a review officer or if he resigns, he shall within seven days of the termination of his term as review officer or of his resignation hand over to another review officer as directed by the President of the Council all acts, registers, indexes, notes and other documents in his possession in view of his former appointment and, if he fails to do so, apart from any other liability in terms of this or any other law, he shall be awarded by the Court at the instance of the President of the Council a penalty of two hundred and fifty euro (€250) due as a civil debt in favour of the Council for every week or part thereof during which he fails to comply.
\n
(6)A review officer shall not enter into his duties unless he has taken before the Court the oath of office as follows: \"I, ...................... swear to exercise to the best of my ability the office of review officer established by the Notarial Profession and Notarial Archives Act, Chapter 55 of the Laws of Malta. So help me God.\":
\n
Provided that a review officer who, immediately following a period in such a capacity, is re-appointed for a further period or periods shall not take the oath of office again.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
(7)A review officer shall have the duty and the power (a) to accept in the name of the Council the presentation of acts published by notaries;
\n
Duties and powers of review officers. (b) to review in the name of the Court the acts of notaries for the purposes of the relevant provisions of this and any other law; (c) to collect from notaries the fees due for the review, and forward them to the Council as soon as he receives them; and
\n
(8)(d) to perform such other functions as may be assigned to him by this or any other law. (a) In all administrative matters related to the process of acceptance of acts which notaries present during the period of presentation, review officers shall act under the direction of the Council to which they shall be answerable; in all other matters including decisions taken when the acts are presented and during the review of the acts, review officers shall act ind epen den tly o f th e Co unc il bu t su bj ect to any direction of the Court to which they shall be answerable. (b) A review officer may apply to the Court for directions concerning the manner in which he may or should act in connection with any matter concerning the presentation of acts and their review; and the Court may give such directions, if any, as it thinks fit.
\n
(9)Notaries shall be charged for such review a fee of five euro (€5) per act which shall be due to the Council at the end of the basis year when the act was published, and the fee shall be collected by a review officer upon the presentation of the acts by the notary as provided in sub-article (12). Such fee shall be revised every ten years from basis year 2010 according to the cost of living index and, in default of such an index, in terms of regulations made by the Minister after consulting the Council:
\n
Provided that the said fee of five euro (€5) shall be due on deeds published after the 1st January 2019.
\n
(10)(a) During the period of presentation all notaries shall present to a review officer on dates and in places mentioned in the notice referred to in paragraph (d), in volumes bound as required by this Act, all the acts they published during the previous basis year including their respective indexes. They shall also present the copy of the notes of enrolment given to the notary by the Director of Public Registry in terms of articles 50(6) and 52(3):
\n
Provided that the presentation of acts published by notaries referred to in article 22 shall be made at the Archives; however, the review of these acts, and other acts which may be deposited at the Archives but which would not have been reviewed, may take place at the Review officers are answerable to the Council in all administrative matters.
\n
Fees.
\n
Presentation of acts.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES places established in sub-article (10)(c)(v). In such cases the Archivist shall draw up a written statement in two copies to be retained as to one each by the Archivist and the Review Officer, which shall be signed by both the Archivist and the Review Officer containing a statement of: (i) the number of volumes presented by the Archivist to the Review Officer; and (ii) the number of acts in each volume. (b) The Council shall ensure that the presentation of such acts be conducted in a transparent and orderly manner. (c) (i) For the purposes of paragraphs (a) and (b), the Council shall in January of every year cause to be published in the Gazette a notice containing the following: (i) a list of the names of all notaries who in the previous basis year were known to have practised their profession; (ii) a list of the names of all keepers of the acts of notaries who practised their profession in the previous basis year; (iii) a list of the names of the review officers assigned to each of the notaries mentioned in sub-paragraph (i); (iv) a list of the names of the review officers assigned to each of the notaries keeper mentioned in sub-paragraph (ii); and (v) a time-table with the dates when and the place where the acts, including their indexes, published during the previous basis year are to be presented to the respective review officer for his review. (ii) For the purposes of sub-article (16), the same notice shall also contain a time-table with the dates when and the place where notaries and notaries keeper are to present to the Chief Notary for his review the wills, including their indexes, published during the previous basis year. (d) Notwithstanding any other provision of this or any other law, the publication of the notice mentioned in paragraph (c)(i) and (ii) shall be deemed for all purposes of law to be sufficient notice to the notaries mentioned therein of their obligation to present on the dates and in the places mentioned in the notice the acts and wills including their indexes, and all other documents and to make the payments required by this and any other article of this Act. (e) The Council shall cause to be published in the Gazette any amendment it makes to the notice mentioned in NOTARIAL PROFESSION AND NOTARIAL ARCHIVES paragraph (c)(i) and (ii), but such amendment shall not be effective with regard to a notary or notary keeper referred to therein unless at least one month elapses from the date when he is so informed by registered letter.
\n
(11)(a) Together with the presentation of acts, the notary shall submit a written declaration containing a statement of:
\n
Declaration. (i) the number of volumes presented, (ii) the number of acts in each volume, and (iii) the number of pages of acts in each volume. (b) The review officer shall immediately check whether the number of volumes, the number of acts and the number of pages tally with the declaration and, if there is any discrepancy, the notary shall have the option either to re-present the acts within such time as the review officer shall determine which shall in no case exceed seven days, together with a declaration that tallies with the aforementioned details of the number of volumes, acts and pages, or to give his consent to the review officer to record on the declaration what the discrepancies are and the notary shall on the same day effect the required corrections regarding the number of volumes, acts and pages and make any corrections in terms of this Act in the progressive number of the acts and the page numbers. (c) The review officer shall make two photostatic copies of the original with his comments, if any, one copy of which shall be authenticated by the review officer and given to the notary as a receipt of the acts that have been so presented, and the other shall be authenticated by the notary and kept by the review officer. (d) The notary shall appear before the review officer either personally or through a special attorney constituted in writing.
\n
(12)Together with the declaration required by sub-article (11), the notary shall also submit to the review officer the following: (a) the insurance certificate referred to in article 10A, unless he presents a copy of the Court’s decree exempting him from complying with such a requirement; (b) the personal details of the notary and such other information, including details of notarial deposit accounts, as may be required in terms of regulations made by the Minister after consulting the Notarial Council; (c) a copy of the extract from the Gazette referred to in article 10B(2) if there has been a change in the notary’s name or surname; and (d) the fees due for the review in terms of sub-article (9), and the Council’s annual fee for the previous basis Other documents.
\n
Wills.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES year in terms of article 93A.
\n
(13)It shall be the duty of the Chief Notary or the Review Officer appointed by the Notarial Council to ensure that all wills published in any basis year are presented to him in the Archives during the period of presentation so that he may review them during the period of review, and that within two months immediately following the completion of the period of review such wills are inspected by the Court in terms of this Act.
\n
(14)For the purposes of sub-article (13), all notaries shall present to the Chief Notary or the Review Officer in bound volumes as required by this Act the wills which they published during the previous basis year together with a declaration regarding such wills containing information similar to that required in sub-article
\n
(11)(a) as well as the fee referred to in sub-article (15), and all the provisions on the functions and powers of review officers regarding the presentation of acts shall mutatis mutandis apply to the Chief Notary or the Review Officer, and the notaries shall have the same duties with regard to such presentation.
\n
(15)Notaries shall be charged for such review a fee of five euro (€5) per will which shall be due to the office of the Notary to Government or Review Officer at the end of the basis year when it was published and shall be payable upon the presentation of such wills. This fee shall be revised every ten years from basis year 2010 according to the cost of living index and, in default of such an index, in terms of regulations made by the Minister after consulting the Council.
\n
(16)The presentation of wills shall be made to the Chief Notary or Review Officer appointed by the Notarial Council in terms of the notice referred to in sub-article (10)(c)(ii) and all the provisions of sub-articles (10), (11) and (12) shall mutatis mutandis apply:
\n
Oath of office of Chief Notary.
\n
Failure to comply.
\n
Provided that where the notary appears through a special a t t o r n e y, t h e C h i e f N o t a r y s h a l l n o t p r o c e e d t o a c c e p t t h e presentation of wills unless the special attorney is also a notary who shall be bound to observe the same professional secrecy and confidentiality as required of the notary who published them.
\n
(17)The Chief Notary to Government or Review Officer appointed by the Notarial Council shall not enter into his duties in term of this article until he takes before the Court the following oath: \"I, ............................. swear to exercise to the best of my ability the office of accepting the presentation of and reviewing wills in terms of the Notarial Professions and Notarial Archives Act, Chapter 55 of the Laws of Malta, and to observe the same professional secrecy and confidentiality as required of the notaries who published them. So help me God.\".
\n
(18)(a) If a notary (i) fails to appear before the review officer and present to him the acts as required by this article, or (ii) fails to make a complete declaration with regard to the acts in terms of sub-article (11)(a), or NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (iii) fails to present the insurance certificate or the Court decree as required by sub-article (12)(a), or (iv) fails to effect the full payments as required by sub-article (12)(d), he shall, subject to the following provisions of this article, be liable until he complies to a fine (ammenda) of fifty euro (€50) per week or part thereof, to start running from the date of filing of the application mentioned in the proviso to this paragraph, and he shall be partially incapacitated from exercising his functions until he complies:
\n
Provided that the review officer shall grant the notary a period of one month to comply and, if the notary fails to do so, the review officer shall, within three days of such failure, file an application in the Registry of the Court informing the Court of the notary’s failure and requesting it to order the Registrar to issue a formal subpoena in terms of article 120. (b) The provisions of paragraph (a) shall mutatis mutandis apply to (i) the presentation of wills to the Chief Notary in terms of sub-article (14), (ii) the submission in terms of sub-article (14) of a complete declaration regarding such wills, (iii) the submission of a copy of the insurance certificate or the Court decree, and (iv) the payment of the fee in terms of sub-article
\n
(15). (c) If the notary fails to appear before the review officer or the Chief Notary on the date and at the place fixed in the subpoena and produce to him the originals, indexes and documents referred to in the subpoena and make the payments mentioned therein, the review officer or the Chief Notary, as the case may be, shall by application filed within three days of the date when the notary should have appeared before the review officer or the Chief Notary bring the notary’s alleged failure to the cognizance of the Court and request it to take the appropriate action. (d) The Court shall by decree served on the notary and the Attorney General order that the notary and Attorney General make written submissions on the matter, and it shall also set a date for the hearing of the case. If the facts are proved, the Court shall either (i) impose the disciplinary punishment mentioned in paragraph (a), and partially incapacitate the notary until he complies, or (ii) suspend him in terms of article 132. (e) The Court’s powers in terms of this sub-article shall be Partial incapacitation NOTARIAL PROFESSION AND NOTARIAL ARCHIVES without prejudice to its powers under article 123.
\n
(19)(a) A notary who has been partially incapacitated from the exercise of his functions may not, during such incapacitation, exercise any notarial functions but he shall have the right and the duty (i) to sign and submit notices for the payment of duties and taxes in terms of fiscal laws, (ii) to sign and deliver notes in terms of articles 50 and 52 of this Act, and notes of privileges and hypothecs in terms of the Civil Code, (iii) to sign and submit applications at the Land Registry, and (iv) to give copies, extracts and make declarations as required by article 74(1). (b) The order of partial incapacitation shall be enforceable notwithstanding an appeal against the Court’s declaration of responsibility of the notary, or the award of a disciplinary punishment or the order of partial incapacitation itself. (c) Unless the Court orders the seizure of documents in terms of article 123, the provisions of articles 17(1), 20, 70(1) and 126 shall not apply when a notary is partially incapacitated. (d) (i) Where following an application filed by a review officer in terms of sub-article (18)(c), the Court partially incapacitates the notary, and the Chief Notary files a similar application with regard to the same basis year, the Court shall not incapacitate the notary for a second time but the incapacitation imposed following the review officer’s application shall likewise be deemed to apply to the notary with regard to the application of the Chief Notary, provided that the incapacitation shall not extend for more than six months. (ii) The provisions of sub-paragraph (i) shall apply mutatis mutandis where the notary is partially incapacitated following the Chief Notary’s application and the review officer files a similar application with regard to the same basis year. (e) A notary who publishes a notarial act while he is subject to partial incapacitation shall, at the instance of the Attorney General or the President of the Council, be deprived of his office and in addition, but in the Court’s discretion, he shall be liable to a fine of not more than five thousand euro (€5,000) for any notarial act which he publishes during such incapacitation. (f) Notwithstanding any provision of this or any other law, no notarial act shall be invalid for the sole reason that it was published by a notary while he was subject to partial incapacitation.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (g) A notary who has been subject to partial incapacitation for a continuous period of six months shall be deprived of his office by the Court at the instance of the Attorney General or the President of the Council, and all the provisions of this Act regarding deprivation of office shall apply including the appointment of a notary keeper which the Court shall order in the same decree.
\n
(20)(a) Where a notary who is subject to partial incapacitation complies with the requirements of sub-articles (10),
\n
(11), (12), (14) and (16), the review officer or the Chief Notary, as the case may be, shall immediately by note filed in the Registry of the Court inform the Court of such compliance.
\n
Rehabilitation (b) The Court shall forthwith by decree in camera rehabilitate the notary in the full exercise of his functions. (c) The provisions of article 14(2) shall not apply to such rehabilitation. (d) Both the note and the decree shall be served on the notary, the Attorney General and the President of the Council.
\n
(21)The provisions of article 16 shall apply to partial incapacitation and rehabilitation therefrom.
\n
(22)(a) If the notary who fails in his obligations in terms of s u b - a r t i c l e s ( 1 0 ) , ( 11 ) , ( 1 2 ) , ( 1 4 ) o r ( 1 6 ) i s t h e President or another member of the Council he shall, unless he has voluntarily resigned, forfeit his seat on the Council and, in the case of the President of the Council, his functions and powers shall be taken over by the most senior notary in the Council according to regulations made in terms of article 92(1).
\n
Publication.
\n
Other provisions. (b) Regulations made under article 92(1) shall provide for such eventualities and, in default, the Minister responsible for notarial affairs shall make regulations to ensure transparency in such matters.
\n
94B.(1)(a) Review officers shall review the acts and the Chief Notary shall review the wills:
\n
Provided that the Notarial Council may elect an Official Reviewer to review the wills in accordance with an agreement between the Chief Notary and the Notarial Council. (b) During the review, care shall be taken to ascertain whether all obligations imposed on notaries by this or any other law have been complied with, especially the provisions of the law relating to the drawing up and preservation of notarial acts, registers and indexes, and the payment of duty on documents and other taxes.
\n
(2)When the review is completed, the review officer and the Review.
\n
Added by:
\n
XXIV. 2011.72.
\n
Amended by:
\n
XIX. 2011.11;
\n
XXXIV.2018.18.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Chief Notary, as the case may be, shall draw up separate reports in the manner prescribed by regulations and they shall file them in the Registry of the Court.
\n
(3)In their reports, the review officer and the Chief Notary shall list the notary’s breaches of this Act and of any other law which are punishable by the Court, and they shall propose to the Court the appropriate disciplinary punishments it could apply and any directions that it could give to the notary.
\n
(4)The notary shall have the right, by means of an application filed within thirty days from the date when a report is served on him, to demand that the Court set aside in whole or in part the report of the review officer or the Chief Notary. The application shall be served on the Attorney General who shall have thirty days to reply:
\n
Provided that when a report is filed by the Official Reviewer or the Chief Notary, which appears to the Court to not be in breach of any laws, the Court shall, by means of a decree duly served on the notary and the Attorney General, confirm that report.
\n
(5)Where the notary has contested a report or any part thereof, the Court shall consider the notary’s written submissions contesting the report or part thereof and the Attorney General’s reply, if any, and shall proceed by a decree in camera to confirm or otherwise the reports of the review officer and, or, the Chief Notary and shall award the notary the disciplinary punishments of admonition and reprimand or fine (ammenda) and may give any other direction in terms of article 124.
\n
(6)(a) Where the notary has not contested a report, the Court shall proceed to confirm it and award the disciplinary punishments of admonition and reprimand or fine, and give any other directions, unless it appears to the Court that the report contains a manifest error of law or of fact in which case the Court shall through the Registrar send the report back to the review officer or the Chief Notary for his reconsideration. Following his reconsideration, the Court shall decide whether to accept, reject or vary the review officer ’s or Chief Notary’s report and the disciplinary punishments or directions any of them may have proposed. (b) The provisions of sub-articles (2), (3), (4) and (5) shall mutatis mutandis apply with regard to the reconsidered report of the review officer or the Chief Notary.
\n
(7)Where it appears from the report of the review officer or the Chief Notary that the notary is liable to the punishment of suspension from or deprivation of office, even if the notary has not contested the report, the Court shall by decree served on the notary and the Attorney General order that the notary and Attorney General make written submissions on that part of the report that may give rise to either of the said disciplinary punishments, and shall also set a date for the hearing of the case.
\n
(8)Where the notary fails to contest the report or, after he has NOTARIAL PROFESSION AND NOTARIAL ARCHIVES done so, the facts alleged in the report are proved during a sitting of the Court, the Court shall, notwithstanding any other provision of t h i s o r a n y o t h e r l a w, o p t e i t h e r t o a p p l y t h e d i s c i p l i n a r y punishment of suspension from or deprivation of office in terms of the relevant provisions of this Act or to partially incapacitate the notary for a period not exceeding six months until he regularizes his position and it shall also award a fine (ammenda) of fifty euro (€50) per week or part of a week until he regularizes his position.
\n
(9)Where a notary has regularized his position, the provisions of article 94A(20) shall mutatis mutandis apply.
\n
(10)(a) The review officer or the Chief Notary may also at any time during the period of presentation and, or, review request the notary to present the registers of acts or wills and their respective indexes for the basis year under review. (b) The review officer or the Chief Notary shall not keep the registers and their respective indexes for more than twenty-four hours, and he shall be responsible for their custody until they are returned to the notary. (c) If the notary fails to present the registers to the review officer or the Chief Notary when so requested, the provisions of article 94A(18) shall mutatis mutandis apply.
\n
(11)(a) For all intents and purposes of the law, the decisions as well as the judicial acts and written pleadings of the Court of Revision shall be scanned by the Registrar of the Civil Courts and Tribunals, and sent by electronic m a i l f r o m t h e R e g i s t r a r o f t h e C i v i l C o u r t s an d Tribunals to the notary and the Attorney General, and this shall constitute valid service of such decisions, judicial acts and written pleadings of the Court of Revision. (b) The notary and the Attorney General who receive a scanned copy in accordance with paragraph (a) of this sub-article shall, within seven days from receipt of such electronic mail, confirm receipt by means of electronic mail to the Registrar of the Civil Courts and Tribunals of the acts mentioned in paragraph (a) of this sub-article:
\n
Provided that if the Registrar does not receive such confirmation from the notary and/or the Attorney General, the Registrar shall proceed with service of the acts in accordance with the provisions of article 187 of the Code of Organization and Civil Procedure.
\n
94C. (1) For the purposes of this article, unless the context otherwise requires, the following definitions shall apply: \"acts\" means all original inter vivos acts, except those acts published in terms of Part IIIA of the Act, published up to and including 31st December 2011 which by 31st December 2012 were either not deposited at the Archives or although deposited therein Procedure for review of notarial acts.
\n
Added by:
\n
XXXIV.2018.19.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES have not been reviewed at any time in terms of law; \"Chief Notary\" has the same meaning assigned to it in article 94A; \"notaries\" means all notaries appointed according to the Act and shall include all notary keepers and any other person having custody of any notarial act for any reason; \"period of presentation\" shall mean the month established in subarticle (3) in the year as established in sub-article (4)(a); \"review\" has the meaning assigned to it in article 94B; \"review officers\" has the same meaning assigned to it in article 94A; \"wills\" means original wills; and includes the original acts of delivery of secret wills published up to 31st December 2011, which by 31st December 2012 were either not deposited at the Archives or although deposited therein were not reviewed in terms of law at any time.
\n
(2)(a) Every Notary shall in pursuance to this Act submit, in the period of presentation, all acts held by him for review, in accordance with the terms established in this article to the Notarial Council and for this purpose the provisions of article 94A(2), (3),
\n
(4), (5), (6), (7)(a), (7)(b), (7)(d), (8), (11), (17), (18)(a)(i) and (ii) and the provisos thereof, (b)(i), (c), (d), (e), (19), (20), (21) and
\n
(22)shall apply. (b) Notaries shall also present the copy of the notes of enrolment given to the notary by the Director of Public Registry in terms of articles 50(6) and 52(3). (c) The coming into force of this article shall be deemed for all purposes of law to be sufficient notice to the notaries to whom this article applies of their obligation to present on the dates and in the places mentioned therein the acts, wills, relative indexes, and all other documents as required by this article and the Act.
\n
(3)The Notarial Council shall for the purpose of sub-article (2) cause to be published in the Gazette, a notice containing the names of Review Officers assigned to review the acts and of the notaries who are assigned to the said review officers to have their acts reviewed by them as well as the place and month where such acts are to be presented during the period of presentation.
\n
(4)(a) Notaries shall present to the Review Officers by the dates mentioned hereunder all acts in their possession: (i) published on or after the 1st January 2010 and up to the 31st December 2011, by not later than the 1st October 2019; (ii) published on or after the 1st January 2008 and up to the 31st December 2009, by not later than the 1st NOTARIAL PROFESSION AND NOTARIAL ARCHIVES October 2020; (iii) published on or after the 1st January 2006 and up to the 31st December 2007, by not later than the 1st October 2021; (iv) published on or after the 1st January 2004 and up to the 31st December 2005, by not later than the 1st October 2022; (v) published on or after the 1st January 2002 and up to the 31st December 2003, by not later than the 1st October 2023; (vi) published on any date up to and including the year 2001, by not later than the 1st October 2024. (b)The Notarial Council may, if circumstances so warrant at its discretion at any time, postpone by means of a notice to be published in the Gazette, by a calendar year, the schedule of presentation established in sub-article (4)(a) or other schedules published by the Notarial Council in terms of this article.
\n
(5)Notaries shall be obliged to present to the Chief Notary or the Review Officer appointed by the Notarial Council by not later than the 1st October 2019 all wills in their possession published on any date up to and including the year 2011.
\n
(6)(a) During the period of presentation every notary shall present to a Review Officer on dates and in places mentioned in the notice referred to in sub-article (3), in volumes bound as required by the Act, all the acts as determined in sub-article (4), including their respective indexes. They shall also present the notes of enrolment, or a copy thereof, given to the notary by the Director of Public Registry in terms of articles 50(6) and 52(3). (b)The Notarial Council shall ensure that the presentation of acts be conducted in a transparent and orderly manner. (c)For the purposes of sub-article (2) and in addition to the notice mentioned in sub-article (3), the Notarial Council may cause to be published at any time in the Gazette a notice containing the following: (i) the names and surnames of all notaries who were known to have practised their profession prior to 2012, during the years which would be the subject of the review; (ii) notary; the name of the Review Officer assigned to each (iii) a schedule indicating the month and place of presentation of the acts, including their indexes to the respective Review Officer for his review;
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (iv) the publication of the notice mentioned in subparagraphs (i), (ii) and (iii) shall be deemed for all purposes of law to be sufficient notice to the notaries mentioned therein to present on the dates and in the places mentioned in the notice the acts and wills and their indexes, and all other documents as required by this article; (v) the Notarial Council shall cause to be published in the Gazette any amendment it may deem opportune to any notice made in the Gazette, in terms of this article, but such amendment shall not be effective with regard to a Review Officer, notary or notary keeper referred to therein unless at least one month elapses from the date when the said notice appears in the Gazette.
\n
(7)(a) It shall be the duty of the Chief Notary to ensure that all wills published during the years which are subject of review, are presented to him in the Archives during the period of presentation so that he may review them, and that within two months immediately following the completion of the period of review such wills are inspected by the Court in terms of this Act. (b) For the purposes of this article, all notaries shall present to the Chief Notary in bound volumes as required by this Act the wills which they published during the years which would be the subject of the review, and all the provisions on the functions and powers of Review Officers regarding the presentation of acts shall mutatis mutandis apply to the Chief Notary, and the notaries shall have the same duties with regard to such presentation. (c) The presentation of wills shall be made to the Chief Notary in terms of the notice referred to in this article and all the provisions of sub-article (6)(a) and sub-article (11) of article 94A shall mutatis mutandis apply:
\n
Provided that where the notary appears through a special a t t o r n e y, t h e C h i e f N o t a r y s h a l l n o t p r o c e e d t o a c c e p t t h e presentation of wills unless the special attorney is also a notary who shall be bound to observe the same professional secrecy and confidentiality as required of the notary who published them.
\n
(8)All acts which are subject to the review as established in this article shall be reviewed within one year from the date of their presentation by a Notary, which time frame may be reasonably extended by the Court on a request by a Review Officer, whilst the time frame for the revision of wills shall not exceed ten years from the date of the coming into force of this article which time may be reasonably extended by the Court on the request of the Chief Notary.
\n
(9)No fees shall be due by notaries for the presentation of the acts and wills mentioned in this article.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
PART V
\n
O F THE N OTARIAL A RCHIVES 95. (1) There shall be two Archives, one in Malta for the preservation of the deeds received by notaries during their residence in the Island of Malta, and another at Gozo, for the preservation of the deeds received by notaries during their residence in the Island of Gozo or Comino.
\n
(2)Each of the said Archives shall have a keeper or archivist, who shall be also the treasurer thereof, and such other personnel as shall be necessary for the requirements of the service.
\n
(3)Before entering upon the exercise of his office, the archivist shall 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 as follows: \"I, ................. , promise and swear, that 1 will faithfully observe all the laws of Malta and that 1 will faithfully and with all honesty and exactness carry out the duties of Keeper of the Archives to the best of my knowledge and ability. So help me God\".
\n
96.(1) The keeper or archivist shall be selected and appointed by the Prime Minister.
\n
In the case of absence or other lawful impediment of the keeper or archivist, his duties shall be carried out by such officer as may be designated by the Minister responsible for notarial affairs or in accordance with arrangements made by the said Minister.
\n
(2)Saving, as regards the office of Chief Notary to Government or of Notary to Government, the provisions of article 22(3), the office of Archivist or other officer attached to the Archives shall be incompatible with the exercise of the notarial or any other profession and with any other public office.
\n
97.In the Archives of Malta there shall be deposited for preservation (a) all original notarial acts received by deceased notaries previously residing in Malta, with the respective indexes; (b) all the original notarial acts received by notaries residing in Malta who, for any cause whatsoever, have ceased to exercise the notarial profession, with the respective indexes; (c) all the original notarial acts received by notaries residing in Malta, with the respective indexes, when such acts and indexes require to be deposited in the Archives or are seized under the provisions of this Act.
\n
98.In the Archives of Gozo there shall be deposited for preservation (a) all the original notarial acts received by deceased notaries previously residing in the Island of Gozo or of Comino, with the respective indexes;
\n
Archives and officers thereof.
\n
The archivist shall take oaths of allegiance and office.
\n
Appointment of archivist.
\n
Amended by:
\n
XXXI.1946.5;
\n
L.N. 4 of 1963;
\n
XXX.1973.10;
\n
II.1978.12;
\n
IX.2000.3.
\n
Incompatibility of office with any other public office.
\n
Acts deposited for preservation in the Archives of Malta.
\n
Amended by:
\n
XI. 1937.11;
\n
II. 1983.8;
\n
XXIV. 2011.73;
\n
LXIII. 2021.6.
\n
Acts deposited for preservation in the Archives of Gozo.
\n
Amended by:
\n
II. 1983.9;
\n
XXIV. 2011.74;
\n
LXIII. 2021.7.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (b) all the original notarial acts received by notaries residing in Gozo or Comino, who, for any cause whatsoever, have ceased to exercise the notarial profession, with the respective indexes;
\n
Notarial deeds deposited for preservation in the National Archives.
\n
Added by:
\n
LXIII. 2021.8.
\n
Ss. 68 and 69 to apply to acts deposited in the Archives.
\n
Duties and responsibilities of archivist.
\n
Amended by:
\n
XI. 1937. 12;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68.
\n
Archivist to collect fees.
\n
Amended by:
\n
XXX1.1946.6. (c) all the original notarial acts received by notaries residing in Gozo or Comino, with the respective indexes, when such acts and indexes require to be deposited in the Archives or are seized under the provisions of this Act.
\n
98A. All registers of notarial deeds received by notaries residing in Malta and Gozo or Comino when such registers belong to the Government, or are privately owned but, for one reason or another, do not have a conservator or delegated notary, or when such registers are seized from the hands of such notaries for a good reason contemplated in this Act they shall be deposited in the National Archives of Malta:
\n
Provided that the Chief Notary to Government may inspect and take copies of the registries at all times and free of charge.
\n
99.The provisions of articles 68 and 69 shall apply to the acts, registers and indexes kept in the Archives.
\n
100.The archivist shall be the lawful representative of the Archives: he shall be responsible for the custody and preservation of all the documents deposited therein, as well as for the proper management of the Archives, and shall report to the Attorney General any contravention committed by any notary or other person for non-compliance with the provisions relating to the Archives.
\n
101.(1) The archivist, in his capacity as treasurer of the Archives, collects the fees and other charges payable to the Archives in accordance with the Tariff relating to the Notarial Profession and Notarial Archives in the Schedule annexed to this Act, and gives the relative receipt.
\n
(2)Every notary may, during his lifetime, without payment of any fee, inspect any of the original acts received by him and deposited in the Archives and give out any copy or extract of or from such acts.
\n
(3)Notaries delegate and keepers shall have a similar privilege.
\n
Archivist to permit the inspection and to give out copies of acts deposited in the Archives.
\n
Amended by:
\n
XXXIV. 1979.16;
\n
XIX. 1988.11.
\n
102.(1) The archivist shall permit the inspection and the reading of the acts deposited in the Archives, and shall give out copies and extracts of or from such acts, observing, so far as they are applicable, the provisions of article 76.
\n
Special register to be kept by the archivist.
\n
(2)A special register shall be kept in the Archives wherein the archivist shall enter daily all the copies and extracts issued on payment in terms of the law, stating by whom the demand for the issue of such copies and extracts has been made.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
(3)Due mention shall be made on the copy or extract of the entry made in the register, and the progressive number assigned in such register to the act so issued shall also be stated.
\n
Duties of Archivist in the delivery of copies and extracts.
\n
(4)The provisions of articles 76, 77 and 78 shall apply to the copies or extracts issued from the Archives.
\n
103.(1) Each archivist must keep a general index of the notaries whose acts or registers are deposited in the Archives.
\n
(2)Such index shall be kept in the alphabetical order of the surnames of the notaries and must show in respect of each notary, his name and surname, the number of volumes of acts and registers, the number of pages of each volume, the date of the first and last act received by him, and an indication of the article and shelf wherein his acts are preserved.
\n
(3)Where any portion of the acts or registers of any of the said notaries exists in other Archives, a mention of such fact shall also be made in the said index.
\n
(4)The said index shall be open to the inspection of any person free of charge.
\n
Indexes of acts deposited in the Archives.
\n
Amended by:
\n
XXXI. 1946.7;
\n
XXIV. 2011.75.
\n
Index open to inspection free of charge.
\n
(5)The provisions of this article shall apply to acts and registers of acts published up to and including the 31st December 2011 and deposited in the Archives at any time.
\n
103A. (1) Each archivist shall keep a general index of notaries whose acts are published on or after the 1st January 2012 and are deposited in the Archives in terms of law.
\n
General index of notaries.
\n
Added by:
\n
XXIV. 2011.76.
\n
(2)The provisions of this article shall also apply to the registers of such acts which may be deposited in the Archives.
\n
(3)The Minister responsible for notarial affairs shall prescribe the manner in which such index is to be kept and the information it shall contain.
\n
104.(1) Whenever any person inspects, reads or makes extracts from any notarial act deposited in the Archives, the archivist shall collect the fees due in accordance with the Tariff relating to the Notarial Profession and Notarial Archives in the Schedule annexed to this Act, to the notary who is the owner or keeper of the relative register.
\n
Collection of fees by archivist.
\n
Substituted by:
\n
XXXI. 1946.8(2).
\n
Amended by:
\n
II.1978.13;
\n
XXIV. 1979.18.
\n
(2)The archivist shall give an account of the fees collected as aforesaid and pay such fees to the notaries concerned, at least once every year.
\n
105.Saving the provisions of the Notarial Acts (Temporary Provisions) Act and the proviso of article 94A(10)(a), the acts, registers, registers and indexes deposited in the Archives may not be removed therefrom without an order of a court of justice, and, where any such order is made, the archivist shall see that such acts, registers or indexes be replaced in the Archives as soon as the purpose for which they shall have been removed from the Archives, shall have been served.
\n
Prohibition to remove any act from the Archives without an order of court.
\n
Amended by:
\n
XXIV. 2011.77;
\n
XXXIV. 2018.20.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Original acts and registers thereof to be kept in separate places.
\n
106.The original acts and their indexes shall be kept in a place separate from that of the registers thereof and possibly in a different room or floor, in the office of the Archives.
\n
Office hours.
\n
Amended by:
\n
L.N. 4 of 1963;
\n
XXXI. 1966.2;
\n
II.1983.10;
\n
IX.2000.3.
\n
107.(1) The Archives shall be kept open on such days and at such hours as the Minister responsible for notarial affairs shall direct.
\n
(2)Unless the act constitutes a graver offence under any other law, any person who enters or remains in the Archives outside such days and hours without the permission of the archivist or of the Court of Revision of Notarial Acts, shall be guilty of an offence and shall on conviction be liable to the punishment established for contraventions.
\n
Persons entering the Archives shall obey orders of the Archivist.
\n
Substituted by:
\n
II. 1983.11.
\n
108.(1) The archivist may give directives for the keeping of order in the premises under his control and for the security and safety of such premises.
\n
Expenses required for the preservation of acts.
\n
Amended by:
\n
II. 1978.14;
\n
L.N. 181 of 2006;
\n
L.N. 186 of 2006.
\n
109.The archivist shall inform the Court of Revision of Notarial Acts of any expense that might be necessary for the better preservation and custody of the acts and registers deposited in the archives; and, when the owner of such registers is known, the said court may, on the demand of the archivist by sworn application, order such owner to pay the sum so required.
\n
(2)Any person disobeying any directives given in terms of sub-article (1) shall, unless the act constitutes a graver offence, be guilty of an offence and shall be liable, on conviction, to the punishment established for contraventions.
\n
PART VI
\n
O F THE S UPERVISION OVER N OTARIES, THE A RCHIVES AND THE PUBLIC REGISTRY, OF THE COURT OF REVISION OF N OTARIAL A CTS, AND OF D ISCIPLINARY P UNISHMENTS
\n
TITLE I
\n
O F THE S UPERVISION OVER N OTARIES, THE A RCHIVES AND THE PUBLIC REGISTRY, AND OF THE COURT OF REVISION OF N OTARIAL A CTS Court of Revision of Notarial Acts.
\n
Substituted by:
\n
VIII. 1958.2.
\n
Amended by:
\n
L.N. 4 of 1963;
\n
L.N. 148 of 1975;
\n
XXXIV. 1979.19;
\n
IX.2000.3;
\n
VI. 2001.6.
\n
Substituted by:
\n
XXIV. 2011.78.
\n
Amended by:| XIX. 2012.12.
\n
110.(1) Supervision over all notaries, the Notarial Archives and the Public Registry shall be exercised by the Court of Revision of Notarial Acts.
\n
(2)The court shall be presided by a retired Judge or a retired Magistrate or a retired advocate who has practised his profession for over twelve years.
\n
(3)In case of abstention or challenge, any Magistrate in office shall take cognizance of the case.
\n
(4)The court shall be a court of law having the functions set out in this Act and such other functions as may be assigned to it under any other law.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
(5)The Minister responsible for notarial affairs shall appoint t he r e t i r e d J u d ge o r r e t i r e d M a gi s t r a t e o r r e t i r e d a d v o c a t e mentioned in sub-article (2) for such period of time as is specified in his appointment which shall not exceed two years. An appointee shall be eligible for further periods of appointment.
\n
(6)For the purposes of sub-article (5), \"retired\" with reference to the Judge, Magistrate or advocate who has accepted the appointment to preside the Court shall mean that such person is deemed to have renounced to the practice of his profession as an advocate.
\n
(7)Upon the termination of his appointment in terms of subarticle (5) or his resignation from office, the retired Judge, retired Magistrate or retired advocate shall, notwithstanding any law to the contrary and without the need for any further formality, no longer be deemed to have renounced to the practice of his profession as an advocate.
\n
(8)An appointee shall as soon as possible after his appointment and before starting to exercise his functions take the following oath before the Attorney General: \"I ................. having been appointed to preside the Court of Revision of Notarial Acts hereby swear to examine and decide with impartiality, fairness and according to law the matters brought before me. So help me God.\":
\n
Provided that an appointee who, immediately following a period in such a capacity, is re-appointed for a further period or periods to preside the Court, shall not take the oath of office again.
\n
(9)An appointee shall receive such remuneration as shall be stated in his appointment. Such remuneration may not be altered to the disadvantage of the appointee during his period of office.
\n
(10)(a) If the appointment mentioned in sub-article (5) is not made within two months of the date it should have been made, or if the office is for any reason vacant for over two months, the most senior Magistrate shall, without the need of any formality and notwithstanding any law to the contrary, ex officio preside the Court of Revision of Notarial Acts for as long as the appointment is not made or the office remains vacant and, in case such Magistrate is unable for any reason to preside such Court, the immediately next most senior Magistrate shall ex officio preside, and so on. (b) In this sub-article the phrase “most senior Magistrate” means a serving Magistrate who has been in office for the longest time, independently of the provisions of article 7(2) of the Code of Organization and Civil Procedure. (c) For as long as the Magistrate mentioned in paragraph (a) presides such Court, any reference in this Act and in any law to the retired Judge or retired Magistrate or retired advocate of the Court of Revision of Notarial Acts or a similar reference shall be a reference to the Magistrate mentioned in the said paragraph who presides such Court.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES Decisions to be notified to the Attorney General, the President of the Notarial Council, the archivist or the notary concerned.
\n
Amended by:
\n
XI. 1937.12;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68;
\n
XXIV. 2011.79.
\n
111.(1) The Registrar shall, within one month of the date of any decision, decree or order given or made by the said court or of the award of any disciplinary punishment cause a copy of such decision, decree or order or a written notice of such award to be served on the Attorney General and on the archivist or other notary concerned therein, even though such decision, decree or order shall have been given or made, or such punishment awarded, in their presence.
\n
Right of appeal.
\n
Amended by:
\n
XI. 1937.12;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68;
\n
VI. 2001.6;
\n
XXIV. 2011.80;
\n
XIX. 2012.13.
\n
112.(1) In every case, the Attorney General may, within thirty days from the day on which he is served with the copy or notice referred to in the last preceding article, enter an appeal to the Court of Appeal (Inferior Jurisdiction), by an application, against any decision, decree or order given or made by the said Court of Revision, as well as against the award of any disciplinary punishment. A similar right of appeal shall be competent to the notary or archivist in respect of whom any such decision, decree or order shall have been given or made.
\n
(2)A copy of such decision, decree, order or written notice of an award shall also be served on the President of the Council.
\n
(2)An appeal by the archivist or notary in terms of sub-article
\n
(1)shall be made only against the Attorney General.
\n
(3)A copy of an application made in terms of sub-article (1) and of all the subsequent records of the case shall, except where the appellant or respondent is the archivist, be also served on the President of the Council.
\n
Procedures and fees.
\n
Added by:
\n
VI. 2001.6.
\n
112A.(1) The Minister responsible for justice may by regulations under this subarticle establish the fees payable to the registry of the Court of Appeal (Inferior Jurisdiction) for the filing of judicial acts under article 112:
\n
Provided that until such fees are so established by the M i n i s t e r, t h e f e e s c o n t a i n e d i n S c h e d u l e A t o t h e C o d e o f Organization and Civil Procedure shall apply. (2 The board established under article 29 of the Code of Organization and Civil Procedure may make rules governing applications under article 112.
\n
Procedure.
\n
Amended by:
\n
VIII. 1990.3;
\n
L.N. 181 of 2006;
\n
L.N. 186 of 2006.
\n
113.(1) Proceedings before the said court shall be held in camera.
\n
(2)Such court shall, for the exercise of its functions, the execution of its orders under this Act, the maintenance of the respect due to it and the good order of its sittings, have the same powers as are by law given to the Court of Magistrates, and the laws relating to the service of summonses in connection with, and the conduct of proceedings before the Court of Magistrates shall, in every other respect, apply to the service of sworn applications and to all other proceedings of the said Court of Revision.
\n
(3)In the case, however, of suspension from or deprivation of office, the said court shall have power to order the proceedings to take place in public.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 114. The Registrar of the Court of Magistrates shall act as Registrar of the Court and shall take part in its sittings.
\n
Registrar of the court.
\n
Amended by:
\n
L.N. 4 of 1963;
\n
VIII. 1990.3.
\n
Substituted by:
\n
XXIV. 2011.81.
\n
115.(1) The court, whenever it considers it expedient, may, and, at the request of the Attorney General, shall, without giving any previous notice, visit and inspect the Archives, the Public Registry or the office of any notary and any place where he keeps the notarial acts, registers and indexes:
\n
Inspections without previous notice.
\n
Substituted by:
\n
XXXI. 1946.9.
\n
Amended by:
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68;
\n
XI. 1977.2;
\n
XXIV. 2011.81.
\n
Provided that with regard to a notary, the powers exercisable by the Attorney General in terms of this sub-article shall mutatis mutandis be exercisable independently by the President of the Council.
\n
(2)In making the request referred to in sub-article (1), the Attorney General or, as the case may be, the President of the Council may (a) indicate the day and the time or the period of time on, at, within or as from which the visits and inspections are to be made; (b) indicate the particular acts, registers and indexes which are to be inspected.
\n
(3)In the case of visits and inspections mentioned in this article, the provisions of articles 94B(1)(b), 111, 112, 116, 118, 119 and 124, and the provisions of article 19(4) of the Duty on Documents and Transfers Act shall mutatis mutandis apply.
\n
116.(1) The inspections of the Notarial Archives must be carried out by the said court in such a manner that a general inspection of the Archives be carried out every year.
\n
(2)In the course of such inspections the said court shall examine whether the service is being performed according to law, whether the respective officers have the requisite qualifications for the office occupied by them, whether such officers attend to their duties with the due regularity and diligence, and particularly(a) whether the service of the inspection of acts and the issue of copies and extracts proceeds in accordance with the prescribed rules; (b) whether the registers and the indexes are regularly kept in accordance with the provisions of articles 102 and 103; (c) whether the premises are fit for the purpose for which they are intended and are kept with all due care.
\n
(3)The court, where necessary, shall submit to the Minister responsible for notarial affairs the measures which it considers expedient for remedying and preventing deficiencies.
\n
Inspection of Notarial Archives.
\n
Amended by:
\n
L.N. 4 of 1963;
\n
XXXI. 1966.2;
\n
XI. 1977.2;
\n
IX.2000.3.
\n
General inspection of acts to be made twice in every year.
\n
Substituted by:
\n
XXIV. 2011.83.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 117. (1) A general inspection of the notarial acts of every notary, their respective indexes and registers shall be made by the Court once a year following the review carried out in terms of article 94B.
\n
(2)Where the Court has dealt with a report in terms of article 94B, the notarial acts shall be deemed to have been regularly inspected as provided in sub-article (1).
\n
(3)The originals, together with the respective indexes shall, on the termination of such inspection and following the Court’s order, be deposited in the Archives by a review officer or the Chief Notary, as the case may be.
\n
Record of each inspection.
\n
Amended by:
\n
XI. 1937.12;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68;
\n
XXIV. 2011.84.
\n
118.(1) Following the inspections made in terms of articles 115 or 116, the court shall draw up in duplicate a special procès-verbal of each inspection, one copy to be kept in the records of the said court and the other to be transmitted to the Attorney General.
\n
(2)Such procès-verbal shall also be signed by the archivist or the notary, as the case may be.
\n
(3)If the archivist or the notary refuses to sign, mention of such refusal shall be made in the procès-verbal stating the grounds thereof.
\n
Counter-signature of volumes.
\n
Substituted by:
\n
XXIV. 2011.85.
\n
Amended by:
\n
XXIV. 2011.85;
\n
XIX. 2012.15.
\n
119.Each volume of original notarial acts, registers and indexes, and every book and register which the notaries and the archivist are bound to keep shall be countersigned by the review officer or the Chief Notary who reviewed the notarial acts in terms of article 94B, and by the court in all other cases.
\n
Procedure where notary is summoned.
\n
120.(1) Where a notary fails to appear before a review officer or the Chief Notary as required by article 94A(18) or where he appears but does not produce what is required by the aforesaid sub-article (18), he shall, on an application filed by the review officer or the Chief Notary, as the case may be, be called to do so by means of a formal writ of subpoena issued by the Registrar in the name of the said Court, which must be served on the notary at least seven days before the new date fixed for presentation before the review officer or the Chief Notary as the case may be and must specify the acts or wills, registers and indexes, as well as other documents which the notary is to produce and payments he is to make, the place where and the day and hour in which he is to attend.
\n
(2)No previous notice shall be given for the inspection of the Archives and the Public Registry.
\n
Appearance of notary and production of acts.
\n
Substituted by:
\n
II. 1983.12.
\n
The court may require the production of the acts of any period.
\n
121.(Deleted by Act XXIV. 2011.87).
\n
122.The court may for a just cause call upon the notary or the Archivist, to produce the acts, registers, books and indexes of any period.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 123. If any person, summoned as provided in articles 120 or 122, fails to appear before the court, the review officer or the Chief Notary, as the case may be, and produce the notarial acts, registers, books, documents and indexes specified in the subpoena, the court may issue a warrant of escort against such person and it may also order the seizure of the documents specified in the writ of subpoena.
\n
124.(1) The court shall examine whether the notary, the archivist and the Director of the Public Registry have performed the duties imposed upon them by this Act or by any other law, and, in case of any contravention, the court may award punishment and give any other directions which it may deem expedient according to law.
\n
The court may issue warrants of escort or seizure.
\n
Substituted by:
\n
XXIV. 2011.88.
\n
Duties of the court.
\n
Amended by:
\n
XXIV. 2011.89.
\n
(2)When the contravention consists in any omission on the part of the notary or the archivist, the court shall order such notary or archivist to do that which he has omitted, within such time as the court shall fix in its discretion.
\n
(3)Where the order is made to the archivist, the court shall direct the registrar to see whether such order is punctually carried out. If the archivist fails to comply with any such order, the court may suspend the archivist from his office for such time as the default continues.
\n
(4)Where the order is made to a notary, the court shall direct one of the review officers if the order refers to acts, or the Chief Notary if the order refers to wills, to ensure that such order is punctually carried out. If the notary fails to comply with such order, the court may in its discretion order the partial incapacitation of the notary until such time as he complies, and all the provisions on partial incapacitation shall mutatis mutandis apply.
\n
125.(1) Any complaint in respect of any contravention committed by any notary or by the archivist against the provisions of this Act, or of any breach of his duties, or of any abuse, negligence or other irregularity, may, at any time, be brought to the cognizance of the said court by the Attorney General, the President of the Notarial Council or by any other person, by an application.
\n
(2)The court upon ascertaining summarily on such evidence as it may deem proper to require the matter of the complaint, shall order the said application to be served to the Attorney General.
\n
(3)If the contravention, abuse or negligence imputed to the notary or archivist is such as to call for the application of a punishment heavier than that of admonition and reprimand, the court shall determine whether there are or not sufficient grounds for further proceedings. In the former case the court, upon ascertaining summarily on such evidence as it may deem fit to require, the matter of the complaint, shall order the said application to be served on the party concerned, allowing him fifteen days within which to file a statement of defence, by means of a note, and if such party fails to present such note, or the court considers insufficient the defence set up by him, the court shall summon such party to appear before it at the place, day and hour fixed in the writ of subpoena and shall give notice thereof to the Attorney General.
\n
Information of any contravention may be laid by any person.
\n
Procedure.
\n
Amended by:
\n
XI.1937.42;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68;
\n
XXIV. 2011.90.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES The person so summoned may appear either personally or by a special attorney and may be assisted by an advocate and may file statements of defence.
\n
(4)The court, after hearing the person summoned as aforesaid or his representative and the Attorney General, if present, shall dispose of the case.
\n
Seizure of acts and deposit thereof in the Archives in case of death, etc., of a notary.
\n
126.(1) On the death of any notary, or, in default of appointment of a keeper in the case of absence of any notary from Malta or of the cessation, suspension or incapacitation of any notary from the exercise of his office in any case under this Act, the Court of Revision shall order the acts, registers and indexes existing in the estate of the deceased notary or in the possession of the notary who is absent or has ceased to exercise his functions or has been suspended or incapacitated as aforesaid, even if such acts, registers and indexes were or are in his possession as keeper thereof, to be seized and deposited in the Archives as provided in article 70.
\n
(2)For the enforcement of such seizure, the said court may order the search of any place where it has reason to believe that the said acts, registers and indexes may be found.
\n
(3)The said court shall have the powers referred to in the foregoing sub-articles of this article whenever it has sufficient reason to believe that any notary, on account of insanity or other infirmity, is unable to exercise his office, notwithstanding that such notary shall not have yet been incapacitated as provided in paragraph (g) of sub-article (1) of article 14.
\n
(4)In any of the cases referred to in this article, the said court shall proceed ex officio upon information given by any person, after having, summarily and without delay, ascertained the truth of the facts brought to its notice, and shall have for such purpose the power to call witnesses and to examine them on oath.
\n
Person in possession of acts of deceased notary, etc., to give notice thereof to the registrar.
\n
Amended by.
\n
XIII.1938.4;
\n
VIII. 1990.3;
\n
L.N. 408 of 2007;
\n
XXIV. 2011.91.
\n
127.Any person having in his possession the acts or registers of any deceased notary or of any notary who is absent or has ceased to exercise his office, or knowing that any such acts or registers are in the possession of any other person, must forthwith give notice thereof to the registrar of the said court under penalty of a fine (ammenda) not exceeding one hundred euro (€100), to be awarded by the Court of Magistrates as court of criminal judicature, at the suit of the Executive Police or of any other person.
\n
TITLE II
\n
O F D ISCIPLINARY P UNISHMENTS Disciplinary punishments.
\n
128.(1) The disciplinary punishments to which notaries may be liable for any breach of duty are: (a) admonition and reprimand; (b) fine (ammenda);
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (c) suspension; (d) deprivation of office.
\n
(2)Such punishments shall be awarded independently of any other punishment imposed by any other law and, in all cases, without prejudice to any action for damages and interest which may be competent under any other law.
\n
129.The punishment of admonition and reprimand consists in reproaching the notary for the offence committed by him, and cautioning him against committing another offence.
\n
130.(Repealed by XXIV. 2011.92).
\n
131.(1) A notary who (a) is a recidivist in any contravention under articles 68, 68A, 68B and 69; or (b) offends against any of the provisions of article 12(a), (c)(i), (c)(ii) and (d), article 25(6) or article 26, shall be liable to a fine (ammenda) of five hundred euro (€500).
\n
(2)A notary or archivist who contravenes the provisions of articles 11, 28(1)(a), (i) and (k), 34, 35, 36, 37, 38, 44, 55, 58, 60, 62, 64, 68, 68A, 68B, 69, 100, 103 and 105 shall be liable for every contravention, to a fine (ammenda) of fifty euro (€50).
\n
(3)The notary who during his suspension or incapacitation (except for partial incapacitation), issues any copy, extract or declaration shall be liable to a fine (ammenda) of thirty euro (€30).
\n
(4)A notary who contravenes the provisions of article 50 shall incur a fine (ammenda) of ten euro (€10) if the said deed is not registered within one month, a fine of twenty-five euro (€25) if the said deed is not registered within two months, and a fine of fifty euro (€50) if the said deed is not registered within three months and an additional fine of ten euro (€10) over and above the said fifty euro (€50) for every week or part thereof until the said deed is registered. This article shall come into force for all acts published on or after the year 2018:
\n
Provided that a notary who fails to insert any declaration required by any law shall incur a fine (ammenda) of ten euro (€10).
\n
This article shall come into force for all acts published on or after the year 2018.
\n
(5)A notary who breaches the provisions of article 12(k) shall incur an administrative penalty, for each breach, of not less than five hundred euro (€500) and not more than five thousand euro (€5,000).
\n
(6)Saving the provisions of articles 88, 89 and 143, the notary who contravenes any other provision of this Act for which there is no specific disciplinary punishment shall be liable for each such Admonition and reprimand.
\n
Offence against sec. 29.
\n
Second part of s.2 of Ord. VIII of 1859, consolidated.
\n
Amended by:
\n
L.N. 408 of 2007.
\n
Contraventions punishable with a fine (ammenda).
\n
Amended by:
\n
XI.1940.4;
\n
XXXI.1946.10;
\n
XI.1977.2;
\n
II.1983.13;
\n
XIII.1983.5;
\n
XIX.1988.12;
\n
L.N. 408 of 2007.
\n
Substituted by:
\n
XXIV. 2011.93.
\n
Amended by:
\n
XXXIV.2018.21;
\n
LXIII.2021.9.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES contravention to a fine (ammenda) of ten euro (€10).
\n
(6)Where, with reference to the same notarial act, a notary is guilty of more than one contravention punishable with a fine (ammenda), he shall be awarded the higher or highest applicable punishment or, if they are all punishable with a similar fine, to one such fine.
\n
Contraventions punishable with suspension.
\n
Substituted by:
\n
XXIV. 2011.93.
\n
132.Any notary who (a) through negligence, fails to preserve the acts received by him as provided in this Act; or (b) opposes the inspection referred to in article 115 or otherwise renders the same impossible; or (c) is, for a second time, a recidivist in any of the contraventions mentioned in article 131(1)(a); or (d) is a recidivist in any of the contraventions mentioned in article 131(1)(b), shall be liable to suspension for a period from one to six months.
\n
Causes which entail temporary incapacitation from exercise of notarial functions.
\n
133.Any notary (a) against whom any warrant of arrest has been issued; or (b) who has been sentenced for any of the offences mentioned in paragraph of article 14(1)(f) by a judgment which has not yet become res judicata, or who has been sentenced to be deprived of his office by a judgment or order which is not yet final and absolute; or (c) who is undergoing any punishment restrictive of personal liberty on conviction for any other offence, shall be temporarily incapacitated from the exercise of his office.
\n
Incapacitation enforceable notwithstanding appeal.
\n
134.In the case of any of the judgments mentioned in the last preceding article, the incapacitation of the notary from the exercise of his office shall be ordered in the judgment and, in default, in an order of the Court of Revision either of its own motion or at the instance of the Attorney General or the President of the Notarial Council.
\n
135.Any notary against whom proceedings for a contravention against the notarial laws punishable with deprivation of office or for any of the offences mentioned in article 14(1)(f) have been commenced, may be incapacitated from the exercise of his office by order of the Court of Revision at the instance of the Attorney General or the President of the Notarial Council.
\n
136.The order of incapacitation in any of the cases referred to in article 133(b) and (c) and article 135 shall be enforceable notwithstanding any appeal therefrom.
\n
Penalty of suspension is enforceable notwithstanding appeal.
\n
137.Any sentence ordering the suspension of any notary from the exercise of his office shall be enforceable notwithstanding appeal, whether such suspension is imposed as an accessory penalty or as a principal penalty.
\n
The incapacitation of the notary shall be declared in judgment.
\n
Amended by:
\n
XXIV. 2011.94.
\n
Incapacitation during the course of proceedings.
\n
Amended by:
\n
XXIV. 2011.95.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES 138. A notary shall be liable to be deprived of his office if - (a) he continues to practise during his suspension or temporary incapacitation, saving the provisions of article 131(3); or Deprivation of office.
\n
Amended by:
\n
XXXI. 1946.11.
\n
Substituted by:
\n
XXIV. 2011.96. (b) he publishes a notarial act while he is partially incapacitated; or (c) he has wilfully failed to preserve the acts received by him or the registers thereof or any other acts or the registers whereof he is the keeper; saving any heavier punishment prescribed in the Criminal Code; or (d) is, for a second time, a recidivist in any of the contraventions mentioned in 132(b).
\n
139.Any notary who has been sentenced for any of the offences mentioned in article 14(1)(f), may be deprived of his office by the President of Malta unless the deprivation of office has been ordered in the sentence itself.
\n
Cases in which deprivation of office may be ordered by the President of Malta.
\n
Amended by:
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68.
\n
140.If in the facts with which the notary is charged there are e xt e n ua ti ng c ir c u m s ta nc e s , t he co u rt , h a v in g r e g a r d to th e particular circumstances of the case, may apply any of the lesser punishments or even exempt the notary from any punishment.
\n
141.The offender shall be deemed to be a recidivist if the second or subsequent contravention is committed by him within five years of the previous conviction.
\n
142.The disciplinary action against any notary for any contravention under the provisions of this Act, punishable with a dm o n it i on a nd re pr i m a nd , fi n e (a m men d a) , susp e n s i on or deprivation of office, shall be barred by the lapse of five years from the day on which the contravention was committed.
\n
143.Any notary whose conduct in his practice shall be in any manner derogatory to the honour and dignity of the profession, shall be liable to admonition and reprimand, and, if he is a recidivist, to suspension for a time not exceeding one year.
\n
Extenuating circumstances.
\n
144.Every order given by any competent judicial authority against any notary in criminal matters shall be communicated to the Attorney General by the Registrar of the Criminal Court.
\n
Any order made against any notary in criminal matters shall be communicated to the Attorney General.
\n
Amended by:
\n
XI.1937.12;
\n
L.N. 46 of 1965;
\n
LVIII.1974.68.
\n
145.The disciplinary punishments mentioned in this Part shall be applied by the Court of Revision, saving the provisions of article 89.
\n
Application of disciplinary punishments mentioned in this Part.
\n
Amended by:
\n
XI.1977.2.
\n
Relapse.
\n
Limitation of disciplinary action.
\n
Punishment of notary whose conduct is derogatory to the honour and dignity of the profession.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES
\n
PART VII
\n
S UPPLEMENTARY AND T RANSITORY P ROVISIONS Tariff.
\n
Amended by:
\n
XXV.1962.3;
\n
L.N. 4 of 1963;
\n
L.N. 46 of 1965;
\n
XXXI.1966.2;
\n
XXXIV.1979.20;
\n
IX.2000.3.
\n
146.(1) The fees and other charges payable under the provisions of this Act shall be those fixed in the Tariff relating to the Notarial Profession and Notarial Archives in the Schedule annexed to this Act.
\n
See. s.4 of Ord.
\n
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.
\n
(2)The Minister responsible for notarial affairs may by regulation add to, or amend, the Schedule to this Act or make any other Tariff or Schedule in substitution thereof.
\n
Saving.
\n
Transitory provisions regarding notarial practice.
\n
147.(Repealed by XXIV. 2011.97).
\n
148.(Repealed by XXIV. 2011.97).
\n
Present notaries and Keepers may continue to exercise their office.
\n
149.(Repealed by XXIV. 2011.97).
\n
Notaries exercising the profession of legal procurator.
\n
Amended by:
\n
XL. 1937.12;
\n
L.N. 46 of 1965;
\n
LVIII. 1974.68 150. (Repealed by XXIV. 2011.97).
\n
List of notaries entitled to continue to practise as legal procurators.
\n
151.(Repealed by XXIV. 2011.97).
\n
Power to make regulations.
\n
Added by:
\n
XXXI.1946.12 Amended by:
\n
L.N. 4 of 1963;
\n
XXV. 1962.4;
\n
XXXI. 1966.2.
\n
Substituted by:
\n
II. 1983.14.
\n
Amended by:
\n
IX. 2000.3;
\n
XXIV. 2011.98;
\n
LI. 2021.9.
\n
152.(1) The Minister responsible for notarial affairs may make regulations generally for carrying out the provisions of this Act and in particular but without prejudice to the generality of the foregoing, may by such regulations: (a) provide for the making of duplicate registers of any original notarial acts lost, destroyed or damaged, and for the substitution of any register lost, destroyed or damaged; (b) prescribe the mode in which such duplicate registers or new registers shall be prepared and authenticated; (c) prescribe that acts or registers deposited in the Archives be reproduced by microfilming and by any other form of digitisation and the mode in which such reproductions are to be made, stored and made accessible to the public; (d) prescribe the manner in which reproductions made by microfilming and by any other form of digitisation and NOTARIAL PROFESSION AND NOTARIAL ARCHIVES copies thereof may by authenticated; (e) prescribe the fees and other charges to be levied and paid in respect of anything done under the foregoing provisions; (f) provide guidelines on the manner in which any of the provisions of articles 94A and 94B and any of the provisions of the articles in Part VI of the Act is to be interpreted or applied, so however that such interpretation or application shall not be in conflict with the provisions of this Act or of any regulations made thereunder; (g) provide for any matter incidental or supplementary to any of the foregoing provisions.
\n
(2)Any duplicate register or new register made in accordance with regulations made under sub-article (1) or under the Duplicate Register of Notarial Acts (Emergency) Regulations, 1942, shall for all intents and purposes, replace the original acts or registers.
\n
Transitory provisions included in Legal Notice 498 of 2011:
\n
The provisions of articles 91, 93, 94, 95 and 96 of the Act * shall be without prejudice to the provisions of articles 98 and 103 of the Act.
\n
Where articles 93 and 96 of the Act refer to provisions of the principal Act † which were amended by the Act, and such provisions as amended have not yet come into force, articles 93 and 96 of the Act shall start affecting such provisions as soon as the amendments to such provisions come into force and, for such time as such provisions shall not yet have come into force, the provisions of the principal Act as they stood before the coming into force of such amendments made by means of articles 93 and 96 shall continue to apply.
\n
Act XXIV. 2011.103, as amended by article 17 of Act XIX of 2012:
\n
103.(1) (a) Any notary who on 31st December 2011 is lawfully entitled to exercise the office of notary in terms of the principal Act as on that day is being confirmed in his appointment as notary from 1st January 2012 as if he had been appointed in terms of the provisions of the principal Act as amended by this Act, even if not all such amendments come into force on that day. (b) Any notary who on 31st December 2011 is the keeper of notarial acts and registers in terms of the principal Act before the coming into force of the amendments made by this Act is being confirmed in such appointment as keeper from 1st January 2012 as if he had been so appointed in terms of the provisions of the principal Act as amended by this Act, even if not all such amendments come into force on that day.
\n
(2)Article 4(1) of the principal Act as substituted by this Act shall refer to January of the year 2013 and subsequent years.
\n
(3)Articles 5(4) and 5(5) of the principal Act added by this Act shall refer to offences committed on or after the coming into force of such *that is, the Notarial Profession and Notarial Archives (Amendment) Act, 2011 - Act XXIV of 2011. †that is, the Notarial Profession and Notarial Archives Act - Cap. 55.
\n
Repeal, transitory, and applicability of certain provisions.
\n
Amended by:
\n
XIX. 2012.17.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES provisions.
\n
(4)(a) The requisites for appointment as a notary mentioned in article 6(1)(c) and 6(1)(d) of the principal Act as substituted by this Act after their coming into force shall not apply to persons who sit for the qualifying examination before the year 2018, and the requisites required by article 6(c) and article 6(d) of the principal Act as they stood prior to the coming into force of their substitution by this Act shall continue to apply to such persons. (b) Reference in article 7(2) and article 8(2) of the principal Act as substituted by this Act to the qualifications of article 6(1)(a) to (e) shall, with regard to the persons taking the qualifying examination before the year 2018, be a reference to the provisions of article 6(1)(a), (b) and (e) of the principal Act after the coming into force of their substitution by this Act, and to the provisions of article 6(c) and (d) of the principal Act before the coming into force of their substitution made by this Act. (c) Article 6(c) and 6(d) of the principal Act as they stood before the coming into force of their substitution by this Act shall be reproduced in a footnote to the principal Act with reference to article 6 as substituted by this Act, and it shall also be stated in the footnote that the said article 6(c) and article 6(d) before the coming into force of their substitution by this Act shall c o n t i n u e t o a p p l y t o t h e p e r s o n s t a k i n g t he q u a l i f y i n g examination up to and including 2017. Such footnote shall be retained up to the end of 2017.
\n
(5)Article 7 of the principal Act as substituted by this Act shall come into force on 1st November 2012. This substituted article shall be reproduced together with the date of its coming into force in a footnote in the principal Act with reference to article 7 before the coming into force of its substitution by this Act, and such footnote shall be retained till 31st October 2012.
\n
(6)Articles 8 and 9 of the principal Act as substituted by this Act shall come into force on 1st November 2012 and shall regulate the qualifying examination to be held in 2013 and subsequent years, and connected and ancillary matters. The date of the coming into force of such substitution together with articles 8 and 9 as substituted by this Act shall be reproduced in footnotes to the principal Act with reference to articles 8 and 9 before the coming into force of their substitution by this Act, and such footnotes shall be retained till 31st October 2012:
\n
Provided that the provisions of article 8(7) of the principal Act as substituted by this Act shall not apply to persons who sit for the qualifying examination before the year 2018:
\n
Provided further that the Board of Examiners appointed in terms of article 7 of the principal Act as substituted by this Act shall have the right, in its discretion before the year 2018, to hold another qualifying examination in any calendar year, sohowever that the examination cannot be held less than six months from the date of the results of the examination held in March of such year.
\n
(7)Article 10(1)(d) and article 10(1)(e) of the principal Act as added by this Act shall refer to notaries who enter upon the exercise of their functions as from 1st January 2013, provided that article 10(1)(d) and article 10(1)(e) shall not be applicable until regulations have been made respectively under articles 10A(3) and 10(1)(e) of the principal Act as added by this Act.
\n
(8)There shall be no obligation of compulsory insurance in terms of article 10A of the principal Act added by this Act before the Minister responsible for notarial affairs has made regulations under sub-article (3) thereof.
\n
(9)Article 12 of the principal Act as substituted by this Act shall NOTARIAL PROFESSION AND NOTARIAL ARCHIVES refer to acts published upon the coming into force of such substitution.
\n
(10)A notary shall have no obligation in terms of article 24A of the principal Act added by this Act to open a Notarial Deposit Account until regulations have been made in terms of sub-article (10) thereof.
\n
(11)(a) Article 40 of the principal Act as substituted by this Act shall apply to all notarial acts published after the coming into force of such substitution. (b) Without prejudice to the rights already acquired by third parties, the Minister responsible for notarial affairs shall by regulations provide that a notarial act published before the coming into force of such substitution having one or more of the defects mentioned in article 40 of the principal Act as it stood prior to the coming into force of such substitution and (i) is enrolled in the Public Registry; or (ii) in respect of which a note is filed in such registry for the registration of a privilege arising from such act or of a hypothec constituted therein; or (iii) in respect of which an application is lodged in the Land Registry for the first registration of or the dealing with the immovable the subject-matter of the act, shall be deemed 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:
\n
Provided that such regulations shall not apply to a notarial act which has been declared null by a judgement of a competent Court for any of the defects mentioned in article 40 prior to the coming into force of its substitution by this Act, and which has become res judicata:
\n
Provided also that, so long as the Minister responsible for notarial affairs does not make regulations in terms of paragraph (b) of this sub-article regarding acts published, before the coming into force of article 40 of the principal Act as substituted by this Act, by notaries who died or shall have died at any date, the Acts of Deceased Notaries Regulations, made by Legal Notice 303 of 2005, (L.S. 55.05) shall remain in force notwithstanding that article 40 of the principal Act, under which they were made, has been substituted by this Act.
\n
(12)Articles 45A and 45B of the principal Act added by this Act shall apply to inter vivos notarial acts whenever published.
\n
(13)(a) The amendments made by this Act to the provisions of Title I of Part VI of the principal Act shall come into force on 1st January 2013 and shall, subject to the provisions of this subarticle, refer to all notarial acts whenever published:
\n
Provided that the appointment in terms of article 110 of the principal Act as substituted by this Act of the retired Judge, retired Magistrate or retired advocate to preside as from 1st January 2013 the Court of Revision of Notarial Acts shall be made in October 2012 as if all the provisions of article 110 of the principal Act substituted by this Act had already come into force:
\n
Provided further that for the purposes only of membership of the Board of Examiners in terms of article 7 of the principal Act as substituted by this Act, and subject to the provisions thereof, such appointee shall be deemed already to be the person ordinarily presiding such Court. (b) The provisions of articles 94A and 94B of the principal Act both added by this Act shall come into force on 1st January 2013 and shall apply, subject to the provisions of this subarticle, to all notarial acts whenever published.
\n
NOTARIAL PROFESSION AND NOTARIAL ARCHIVES (c) (d) (e) (f) (g) (h) (i) (j) Provided that the fee for the review mentioned in sub-articles
\n
(9)and (15) of article 94A of the principal Act added by this Act shall refer to all notarial acts mentioned therein published