An analysis into key aspects of the notarial profession in terms with Chapter 55 of the Laws of Malta and the newly introduced notaries’ code of ethics regulations

Abstract

The Research will delve into the key elements of the Notarial Profession and Notarial Ethical Practice, both in terms with the Notarial Profession and Archives Act- Chapter 551 and the Notarial Code of Ethics Regulations. Section 1 will provide an overview of the role of the Notary in our society. Through the years, the Notary, a public officer and a liberal professional, has always been considered as a key figure in society who for many years has provided and will continue to provide legal security and certainty in some of the most important occasions of a citizen’s life. The first part of the research will examine the relevant provisions dealing with the independence and impartiality of the notary and will also scrutinise issues of Professional Secrecy relating to the profession. Furthermore I shall also outline the important elements of the newly introduced Notarial Code of Ethics, a Code which is sub-divided in five titles and based on several fundamental values, scenarios and values which I shall be scrutinising in detail, in order to determine whether or not have the objectives which the legislator had in mind and which have led to the introduction of the code and have been achieved. Section 2 will highlight situations involving the different kinds of notarial responsibility. Notarial responsibility includes not only criminal responsibility or whether the notary’s civil responsibility is a contractual or extra-contractual one, but there is also an element of Fiscal responsibility and disciplinary responsibility, I shall also examine the role of the Court Of Revision of Notarial Acts and the Notarial Council.