FUNCTIONS AND DUTIES OF THE NOTARIAL COLLEGE 
AND NOTARIAL COUNCIL _g S.L.55.01 1
SUBSIDIARY LEGISLATION 55.01
FUNCTIONS AND DUTIES OF THE NOTARIAL 
COLLEGE AND NOTARIAL COUNCIL 
REGULATIONS
16th March, 1928
GOVERNMENT NOTICE 64 of 1928, as amended by Government Notice
67 of 1937 and Act XIII of 1983.
Title. 
Notarial College and Notarial Council Regulations.
The Notarial College
Composition of 
college.
2. The Notarial College shall be composed of all the notaries
actually in the exercise of their profession in Malta and Gozo.
Notaries who have been suspended, incapacitated or
temporarily interdicted from the exercise of their profession shall
continue to form part of the college but shall not attend the sittings
as long as the suspension, incapacitation or interdiction lasts.
Meetings.
which shall be called by a notice published by the President of the
Notarial Council in the hall of the Council, and transmitted to each
notary with an indication of the agenda, at least ten days
beforehand, except in cases of urgency.
No subject shall be discussed at any meeting which has not
been indicated in the notice calling such meeting.
When an urgent meeting has been called, the members
present shall approve of its urgency before proceeding to deal with
the agenda; the notice for such meetings shall be given at least
twenty-four hours previously.
Ordinary and 
extraordinary 
meetings.
4. The ordinary meeting of the college shall be held yearly
during the month of December for the object of nominating the
members of the Council for the ensuing year.
Extraordinary meetings shall be held whenever the Council
will deem it convenient, or one-third of notaries in the exercise of
their profession composing the college have applied for such a
meeting, or an election has become necessary, consequent on the
death, resignation or lapse of membership of a councillor.
President and 
secretary.
5. The office of President and that of Secretary shall be held
by the President and the Secretary of the Notarial Council
respectively, or, in default, by those who are acting as such.
Validity of 
proceedings.
6. For the validity of the proceedings, the presence of at least
one-third of the notaries belonging to the college shall be required;
should one-third of the notaries fail to respond to the first call, a
second call will be made and the deliberations of the college, at the
meeting held in response to the second call, shall be valid whatever
the number of members present.
2 _g S.L.55.01
FUNCTIONS AND DUTIES OF THE NOTARIAL COLLEGE 
AND NOTARIAL COUNCIL
The provisions of regulation 14 are applicable to the
college.
The Notarial Council
Composition of 
council.
7. The Notarial Council shall be composed of nine members
to be selected by the Notarial College from among notaries in the
exercise of their profession composing the said college.
Relatives by blood or affinity to the third degree
inclusively may not be members of the Notarial Council
simultaneously, and in the event of such simultaneous election the
junior notary shall be precluded from sitting on the Council.
Election and 
replacement of 
members.
8. The members of the Council shall remain in office for three
years and shall be eligible for re-election.
One third of the members of the Council shall be replaced
yearly, according to their seniority as members of the college, the
first batch of vacancies being determined by lot.
Lots shall also be drawn in the case of councillors of equal
seniority.
The notary who surrogates a councillor who, through death
or other cause, has ceased to exercise his functions, shall remain in
office only for a period for which the councillor surrogated by him
would have remained in office. 
Should more than one surrogate be required, the one who
has obtained the greater number of votes, and, in the event of
equality of votes, the senior in the exercise of the profession, shall
surrogate the councillor who has remained in office for a longer
period.
Election of 
members to be 
made by secret 
voting lists.
9. The election of the members of the Council shall be made
by means of secret voting lists.
Those obtaining an absolute majority of votes at the first
ballot shall be deemed to have been elected.
Should anyone fail to obtain such majority, or should the
number of members elected be less than that for which the election
has been held, a second ballot shall take place during the same
sitting and the members obtaining the greater number of votes shall
be deemed to have been elected.
On an equality of votes, preference shall be given to the member
who is senior in the exercise of the profession, and in case of equal
seniority to the elder member.
Election of 
president, secretary 
and treasurer.
10. The Notarial Council shall elect from its own body the
President, the Secretary and the Treasurer, in accordance with the
rules established in the preceding regulation.
They shall remain in office for the period of three years and
shall be eligible for confirmation should they retain their seats on
the Council.
The Secretary should be selected preferably from among
the notaries residing in Valletta; and on equality of votes
preference should be given to the elder for the office of President
FUNCTIONS AND DUTIES OF THE NOTARIAL COLLEGE 
AND NOTARIAL COUNCIL _g S.L.55.01 3
and to the younger for that of Secretary.
In the absence of the President and the Secretary, their
duties shall be discharged by the elder and by the younger member
of the Council, respectively.
Functions of the 
president and the 
secretary.
11. The President shall convene the Council, shall be its
representative, shall preside its meetings, shall regulate its
proceedings and shall correspond with the authorities after taking
the advice of the Council on matters coming within its competence.
The Secretary shall have the charge of the office of the
Council and be responsible therefor; he shall prepare the minutes of
proceedings, shall keep all documents relative thereto, and, with
the President’s authority, shall issue copies of the deliberations of
the Council and of the Notarial College.
The minutes of proceedings shall be signed by the President
and the Secretary.
The deliberations of the Council and of the college shall be
signed by the Secretary jointly with the President.
Any deliberations concerning disciplinary measures shall
be signed by all the members present.
Any person may, by payment of the relative fee established
by the notarial tariff, obtain copies of deliberations, barring
deliberations which concern persons, copies of the latter
deliberations shall be obtainable by those to whom they refer.
Fees due to be 
collected by the 
treasurer.
12. The Treasurer of the Council shall collect any fees due to
the Notarial College and to the Notarial Council from whatever
source, shall be responsible for the monies belonging to the college
and shall pay for the warrants issued by the President and
countersigned by the Secretary. 
Validity of 
deliberations.
13. For the validity of the deliberations of the Council the
intervention of the majority of its members shall be necessary.
Deliberations taken 
by majority of 
members present.
14. The deliberations are taken by a majority of the members
present, and on an equality of votes the President shall have the
casting vote.
Votes shall be recorded openly; however in matters
concerning persons the voting shall be by secret ballot, and in case
of an equality of votes, the deliberation shall be deemed favourable
to the person to whom it refers.
Failure to attend 
three consecutive 
sittings.
15. Any members failing to attend three consecutive sittings,
without adducing to the Council a legitimate impediment within
one month from the communication made to them by the President,
or the member acting as such, of the deliberation establishing their
absence, shall be declared to have ceased to be members of the
Council, and in case the Council is unable to take a valid
deliberation for want of quorum, the declaration shall be made by
the Notarial College convoked by the available members of the
Council.
4 _g S.L.55.01
FUNCTIONS AND DUTIES OF THE NOTARIAL COLLEGE 
AND NOTARIAL COUNCIL
Other duties of the 
council.
16. In addition to the attributions devolving on it by law, the
Council -
( a ) shall ensure the observance of due decorum in the
exercise of the profession and in the professional
conduct of notaries, and of exactitude in the
performance of their duties;
( b ) shall watch over the conduct of articled notaries and
on the manner in which their duties are carried out,
and shall issue the relative certificates;
( c ) shall, at the request of the competent authorities, give
its views on matters relating to the notarial profession;
( d ) shall frame and certify yearly the role of notaries
exercising their profession and of articled notaries; 
( e ) shall intervene, when requested with a view to settling
differences between notaries, or between notaries and
third parties, concerning the return of papers or
documents, questions of expenses or honorarium, or
any other matter relative to the exercise of the notarial
profession.
The notarial profession
Disciplinary 
measures.
17. Any disciplinary measures decided upon by the Notarial
Council will be communicated by order of the President, to the
Minister responsible for Justice.
Office of the 
Notarial Council.
Amended by:
XIII.1983.5.
18. In the office of the Notarial Council there shall be kept -
( a ) a register of correspondence received and sent by the
Council, in which all applications received shall be
recorded day by day;
( b ) a register of sittings and decisions taken by the
college;
( c ) a register of sittings and decisions taken by the
Notarial Council;
The two last mentioned registers shall contain a précis of the
proceedings;
( d ) a register of articled notaries;
( e ) a register of the signatures of notaries;
( f ) the roll of notaries in the exercise of their profession;
( g ) the roll of deceased notaries and of notaries who have
ceased to exercise their profession, with the relative
indication of the notaries appointed keepers of their
acts and registers;
All the above registers shall be kept by the Secretary who in case of
contravention, shall become liable to a fine ( ammenda ) not
exceeding fifty cents;
( h ) a counter-foil book for moneys to be collected from
any source whatsoever;
( i ) a cash-book for moneys received and paid;
FUNCTIONS AND DUTIES OF THE NOTARIAL COLLEGE 
AND NOTARIAL COUNCIL _g S.L.55.01 5
( j ) a register of payment-orders;
the three last mentioned registers shall be kept by the Treasurer,
who, in case of contravention, shall be liable to a fine ( ammenda )
not exceeding fifty cents.
Fees.
Substituted by:
G.N. 67 of 1937.
Amended by:
XIII.1983.5.
19. To meet expenses, a fee of fifty cents  per annum , payable
in advance, shall be imposed on each notary in the actual exercise
of his profession.
Changes in 
composition of 
council to be 
reported.
20. Any change in the composition of the Notarial Council or
in the roll of notaries shall be reported by the President of the
Notarial Council to the Minister responsible for Justice, without
delay.
Conflict of interest.
take part in deliberations or be present at discussions, when the
matter to be dealt with concerns him personally or concerns his
relatives by blood or affinity in direct line to any degree or in any
collateral line to the third degree inclusively.
