If you need to issue a power of attorney, an affidavit, draw up your will or need help with purchasing your first property, a notary public can certainly help you achieve your goal. With Yellow you may explore a wide list of public notaries found across the island, including company information and contact details.
What does a notary public do?
A notary's main duties include verifying the authenticity of important transactions by confirming the identity of the parties, making sure that any contracts drawn up adhere to the law, registering the original act, as well as archiving it in the notarial archives. This is done through the preparation, drafting, signing and publication of any deeds and agreements that can be private or public, a process which is called notarisation and can involve matters related to estates, deeds, wills, licences, affidavits and declarations, amongst other things. In addition, some notaries are also commissioners of oaths which means that they administer oaths and affirmations.
The most common services offered
Notary services are vast and may include the transfer of property, successions (also known as causa mortis or denunzja), wills (testmenti in Maltese), matrimonial regimes, contract of lease, emphyteusis (cens in Maltese), private writings, power of attorney (prokura in Maltese) and affidavits. A power of attorney authorises a person to carry out certain acts on the behalf of another. This may either be a one-off or may be a general power of attorney, whereby the person can carry out all the affairs of the person granting him the prokura. On the other hand, affidavits are written sworn statements or declarations made voluntarily under oath, whereas wills provide legally binding instructions as to how the assets should be dealt with after death.
Notaries can also provide acknowledgment of children born out of wedlock, authentications of signatures, acknowledgement of debts, documentation relating to consensual separation, while they can help you deal with personal loans, bank loans and loan documents and searches.
What's the process of purchasing a property in Malta like?
Are you interested in buying your first property but have no idea what the process involves? Perhaps one of the most common services offered by a notary is that of a contract or deed of sale, whereby the seller binds himself to transfer the property to the buyer who in turns binds himself to pay for at the agreed price. However, before the contract of sale is drawn up, the two parties sign a promise of sale agreement, commonly referred to as konvenju. During the promise of sale, you are required to place a deposit which usually amounts to 10% of the final selling price. Once the deposit has been placed, you need to consider whether you have enough funds to cover the remaining selling price or whether you need to apply for a bank loan. If you need financial assistance from a bank, it is important to allow sufficient time for the normal loan procedure to take place - usually between 6 weeks to 2 months. When the bank agrees to lend you the money, it will issue a sanction letter that you need to take to your notary.
Once the promise of sale is signed, you must give your notary permission to carry out the necessary legal searches. These searches will ensure that there are no legal problems and will confirm that the property can indeed be sold, there are no legal obligations that may hamper the sale or any pending debts linked to it. Although the period between the konvenju and deed of sale is usually three months, it can, on occasions, take longer if problems arise. In the period between the promise of sale and the final signing of contract, you may want to get an architect to help you plan and design each room, however, you cannot make any physical alterations to it as yet. The property officially becomes yours when the final deed has been signed.
Notary fees to expect
Many of the services offered by a notary public may come at a hefty price. Your notary should provide you with an estimate of fees and expenses so make sure you are fully aware of these well in advance but bear in mind that unforeseen circumstances may alter the original estimate.