What is a Notary Public?
A Notary is primarily concerned with giving legal assistance, drawing up deeds and safeguarding them. In the eyes of the law, the content in Notarial Acts and Registers is considered evidence in itself and is bestowed with Public Trust. This means that Notarial Acts do not require proof in a Court of Law – the only requirement is that the Act itself is authentic.
In legal terms, the same definition of a Notary Public can be found in Article 2 of the Notarial Profession and Notarial Archives Act, Chapter 55 of the Laws of Malta. This states that:
“Notaries are public officers. They are charged to receive acts inter vivos and wills, and to attribute public faith thereto; they shall be responsible for their custody and shall give out copies and extracts of or from such acts or wills.”
The Notarial Profession is one of the longest existing professions in Malta. In fact, the earliest Deed found in our Registry dates back to 1460. Centuries ago, Notaries were considered to be the primary sources and recorders of historical events and social history. It’s safe to say that this profession has maintained its importance throughout the years.
What are the functions of a Notary Public in Malta?
One could say that a Notary lies between being a libero professionista (solo professional)and a Public Officer, since he or she is vested with fide publica (Public Faith).
The functions of a Notary Public are as follows:
- The Maltese notary must not only draft deeds, but also act as an impartial trustee of both parties in question. He or she must draft unbiased clauses, therefore clauses which are not more advantageous or more disadvantageous to either one of the parties.
- A notary must only draft the contract according to the wishes of the parties.
- The intervention of a Notary proves the validity of the act between private individuals.
- “The notary is bound to give his services whenever he is required to do so” because of his function as a Public Officer.
Services offered by Veronica Mizzi Young – Notary Public
Loans – business loans, personal loans and homeloans.