UPDATE │ MALTA COVID-19
SUSPENSION OF LEGAL TIMES FOR PROMISE OF SALE AGREEMENTS AND NOTARIAL ACTS
L.N. 64 of 2020
L.N. 43 of 2020
• The Superintendent of Public Health has published the “Epidemics and Infectious Disease (Suspension of legal times relating to promise of sale agreements, notarial and related matters) Order, 2020”.
• [NOTE – as at the date of publication of this Guidance Note (15th March 2020), the Superintendent has not yet issued any orders for the closure of government departments. Therefore, all legal times relating to Promise of Sales and Notarial acts remain applicable].
• This Order provides that when the Superintendent orders the closure of government departments for the purpose of guarding against and, or controlling dangerous epidemics or infectious disease, such order shall
(i) suspend the running of all the legal terms imposed on a notary public by law to register any deed, will, act or private writing or any period within which the notary public, in terms of any applicable law, has to pay taxes collected by him in the exercise of his profession;
(ii) suspend any term related to fiscal benefits, incentives or exemptions or any period within which a notary public is to submit any information or documentation to any authority or regulator pursuant to relevant notarial activity; and
(iii) any expiration term of any promise of sale agreement duly registered in terms of law with the Commissioner of Revenue within the period established by law shall also be suspended whilst the order for closure is in force.
• Any such suspension shall last until forty five (45) days following the lifting of the repeal of any such order by the Superintendent.
A suspension shall mean that if the last day of any legal term expires during the time when an order provided for in this regulation is in force, the running of the times shall be suspended until forty five (45) days after the day when the Superintendent repeals the order for the closure of any government department by notice in the Gazette.
• Provided that, L.N. 64 of 2020 has clarified that if the last day of any legal term expires during the first five (5) days immediately following the lifting of the repeal of any such order by the Superintendent, in this case, the running of any legal terms shall be deemed to be suspended for a period of twenty (20) days from the lifting of the repeal of any such order by the Superintendent.
©Fenech & Fenech Advocates 2020
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