The trust and the implications of the role of the Maltese notary vs the role of the notary in the UK

Abstract

This professional report analyses the trust and the implications of the role of the Maltese Notary Public vs the role of the Notary in the United Kingdom, who in order to be at par with the Maltese Notary Public he/she has to be a Solicitor-Notary Public. The Maltese Notary Public went through the formalities, to an era where the notary also became a tax collector on behalf of the Government, and is also being subject to further scrutiny due to the ever increasing problems concerning money laundering. In light of the ever increasing responsibilities on the Maltese Notary Public, this professional report furthers the study by analysing traditional requirements to become a notary, both in Malta and in the United Kingdom. Special attention will be given as to whether it is time for such requirements to be amended, and if so, suggestions will be provided. To this effect, reference will be made to judgments as well. The author will also analyse various tasks which the Maltese Notary Public carries out and whether he/she is provided with the necessary tools so as to provide a sterling service within the parameters of the law, or whether there is room for more tools to be provided. Lastly, after delving into, and analysing the difference between the service provided by the Notary Public in Malta and the Solicitor-Notary in the United Kingdom, the author will comment about the way in which the Maltese citizen might today look at the Notary, who in the past was called the ‘manificus’ due to the trust that the public in general had in the Notary, and the way in which the United Kingdom citizens might look at the Solicitor-Notary Public. The reason behind the choice of the UK jurisdiction is because it is based on Common Law as opposed to the Maltese position, which is based on Civil Law. This may therefore aid to better understand where does the professional position of the Maltese Notary Public stands today when compared even with other jurisdictions. Ultimately, the aim of this professional report is to continue to build on the good which already exists by coming up with suggestions in order improve the notarial profession. Consequently the Maltese Notary Public will continue to build on the public trust which the ‘manificus’ once enjoyed.