Malta Notary Warrant Examination (Nutara Pubbliċi)

How does Article 2(1) of the Notarial Profession and Notarial Archives Act (Cap. 55) define the office of notary?

• APrivate advisers retained to protect the interests of the party who pays them
• BJudicial officers who decide disputes between the parties to a contract
• CPublic officers who receive acts and wills and attribute public faith to them
• DCourt officials who serve, and help execute, judicial acts and warrants

Under Article 12(b) of Cap. 55, read with the Civil Code rule for counting degrees of relationship, in which situation may a notary NOT receive an act?

• AWhen one of the parties is the notary's nephew
• BWhen one of the parties is the notary's first cousin
• CWhen the price exceeds €1,000,000
• DWhen both parties live in the same town as the notary

A notary receives a deed of sale in which the purchaser is the notary's brother, in breach of Article 12(b) of Cap. 55. Under Article 40, what is the status of the deed?

• AIt is null, and any interested person may sue within thirty years
• BIt is annullable, at the suit of a party who proves material damage
• CIt is valid, because the prohibition carries only a disciplinary fine
• DIt is null only if the vendor objected before signing

Which of the following defects makes a notarial act NULL (rather than annullable) under Article 40(1) of Cap. 55?

• AThe notary failed to read the act to the appearers, without a valid exemption
• BAn annexe mentioned in the act was not signed by the appearers
• CThe notary omitted to declare his capacity as Notary Public of Malta after his signature
• DThe act is undated

Under Article 40(5) of Cap. 55, within what peremptory periods must actions for the declaration of nullity and for the annulment of a notarial act be brought?

• ATen years for nullity and five years for annulment
• BThirty years for nullity and ten years for annulment
• CFive years for both, from the date of the act
• DTwo years for both, from discovery of the defect

Under Article 40(6) and (7) of Cap. 55, what is the difference between an 'act of validation' and an 'act of convalidation'?

• AValidation cures an annullable act ab initio; convalidation cures a null act from its date
• BBoth cure null acts, but only convalidation requires an order of the Court of Revision
• CValidation cures null acts from its date; convalidation confirms annullable acts ab initio
• DValidation is ordered by the Court of Revision; convalidation by the Notarial Council

Under Article 25(3) of Cap. 55, when is the presence of two witnesses required on a notarial act, and what must the notary do for a public will?

• AAlways for sales of immovables; for public wills, witnesses are never allowed
• BIf an appearer asks or cannot sign; he must explain the testator's right to them
• COnly for acts above €100,000; for public wills, two witnesses are always needed
• DOnly if ordered by the Court of Voluntary Jurisdiction on the notary's application

All appearers on a deed of sale say they know its contents and ask the notary not to read it out. Under Article 25(6) of Cap. 55, what formalities make the exemption valid?

• AAn oral request suffices, noted by the notary in his register
• BExemption is impossible; every act must be read out
• CThe request must be authorised in advance by the Notarial Council
• DHandwritten entries by the notary and each appearer, with all sheets signed

An appearer arrives at the deed without any identity document. Under Article 26 of Cap. 55, how may the notary be certain of his identity?

• ABy accepting the appearer's sworn declaration of his name
• BBy the testimony of two attestors
• CBy comparing his signature with a previous deed
• DBy telephoning the appearer's employer

Under Article 27 of Cap. 55, which person may NOT act as a witness on a notarial act?

• AA 30-year-old resident of Malta with no interest in the act
• BA foreign national born in Malta and aged 25
• CThe spouse of one of the parties
• DA person aged 18 who resides in Gozo

A deed of sale states the price as 'two hundred and fifty thousand euro (€205,000)'. Under Article 28(1)(e) of Cap. 55, which amount prevails?

• A€205,000, because figures are more precise
• BNeither; the deed is null for uncertainty
• CThe lower amount, in favour of the buyer
• D€250,000, because words prevail over figures

How must a field outside any built-up area be designated in a deed of transfer under Article 28(1)(f)(ii) of Cap. 55?

• ABy locality, name, area and three boundaries, plus a site plan
• BBy the nearest street name and number, as for urban property
• CBy its Land Registry number alone, without any boundaries
• DBy its approximate market value and the registered owner's name

A power of attorney annexed to a deed was neither mentioned in the deed nor signed as required. Under Article 28(1)(g) of Cap. 55, what is its status?

• AThe whole deed is null because of the defective annexe
• BIt forms part of the deed once the notary initials it later
• CIt counts only so far as the act itself proves its contents
• DIt must be filed separately with the Notarial Council

Before the appearers sign, the notary notices that a word in the deed must be replaced. Under Article 30 of Cap. 55, how must the correction be made?

• ABy erasing the word and typing the new one over it
• BBy a numbered mark and a note at the end, before the final signatures
• CBy reprinting the page and discarding the original
• DBy a separate private writing signed only by the notary

Two German buyers who speak neither Maltese nor English want their deed in German. Under Article 34 of Cap. 55, may the notary do this?

• AYes, on their declaration, with a Maltese or English translation
• BYes, with no conditions, since parties may choose any language they like
• CNo, notarial deeds may be drawn up only in the Maltese language
• DNo, a foreign-language deed must be received by the buyers' consul

A draft deed of sale contains the clause 'with all the usual clauses, etc.' to exclude certain Civil Code warranties. What does Article 29 of Cap. 55 provide?

• AThe clause is valid if the buyer initials it
• BThe clause is valid if the notary explains it
• CThe clause is valid only in deeds of exchange
• DEt caetera clauses are banned in sales and void

Under Article 55 of Cap. 55, how must a notary keep the acts received during the year?

• ALoose in numbered folders, until the Notarial Archives collect them
• BBound in chronological volumes, each act numbered progressively
• CScanned, with the paper originals returned to the parties
• DIn the order in which the duty on each act was paid

Under Article 55(4) and (5) of Cap. 55, how must public wills received by a notary be kept?

• AIn the same volumes as inter vivos acts, in date order
• BAt the Public Registry, in the testator's name
• CIn separate volumes, apart from other acts, under lock and key
• DWith the testator, who keeps the original

Within what time must a notary number an act inter vivos and write its title in the margin, and within what time must he register it, under Articles 55(7), 56 and 58 of Cap. 55?

• ANumbering and title within 24 hours; registration within three months
• BNumbering within seven days; registration within one year
• CAll within fifteen working days
• DNumbering at year end; registration when the volume is full

Under Article 50(1) of Cap. 55, within what time must a notary deliver to the Director of the Public Registry a note of an act transferring ownership of immovable property?

• AWithin three months of the date of the act
• BWithin thirty days after the duty is paid
• COnly if the transferee asks for enrolment
• DWithin fifteen working days of the act

When a notary receives a public will, what must the note delivered to the Public Registry contain under Article 50(3) of Cap. 55?

• AA full certified copy of the will and its annexes
• BThe names of the heirs and legatees and their shares
• COnly the date, the nature of the act and the testator
• DNothing, because public wills are never enrolled

Under Article 3(6) of the Duty on Documents and Transfers Act (Cap. 364), when is a promise of sale of immovable property valid for duty purposes?

• AOnly once the final deed of sale is published
• BWhen notified in time, with 20% of the duty paid
• CWhen signed before a notary, whatever the notification
• DWhen the full duty is paid with the promise

A house is sold for €280,000, and its value is not higher than the price. At the rate in Article 32(1) of the Duty on Documents and Transfers Act (Cap. 364), and with no exemption or relief applying, how much duty is due?

• A€8,400
• B€11,200
• C€14,000
• D€22,400

Under Article 32(3) of Cap. 364, which transfer of immovable property is exempt from duty?

• AAn assignment between spouses on their separation
• BA sale by parents to their adult child
• CA donation of a flat between siblings
• DA sale by a company to its shareholder

An individual bought an apartment in 2018 and sells it in 2026 for €300,000; it is not part of a project and no special regime applies. Under Article 5A(5)(a) of the Income Tax Act (Cap. 123), what final tax is due on the transfer?

• A€15,000 (5% of the transfer value)
• B€24,000 (8% of the transfer value)
• C€30,000 (10% of the transfer value)
• D€36,000 (12% of the transfer value)

A property bought in March 2023 is resold in January 2026. It does not form part of a project, no relevant works were carried out, and the sole-residence rate does not apply. Under Article 5A(5)(e) of the Income Tax Act, what rate of final tax applies?

• A2% of the transfer value
• B5% of the transfer value
• C8% of the transfer value
• D12% of the gain

The seller bought the property in 1998 and no promise of sale was notified before 17 November 2014. Under Article 5A(5)(f) of the Income Tax Act, at what rate is the final tax charged on a transfer made in 2026?

• A5% of the transfer value
• B7% of the transfer value
• C10% of the transfer value
• D8% of the transfer value

An individual declared in the purchase deed that the flat was bought as his sole ordinary residence. He sells it two years later and owns no other residential property. Under Article 5A(5)(g) of the Income Tax Act, what must the notary do, and what rate applies?

• ARecord his declaration and warn him of its importance; 2%
• BNothing special is required; the standard 8% rate applies
• CObtain a certificate from the Commissioner first; 5%
• DRecord his declaration; the transfer is then tax-free

A seller inherited a house from a parent who died in 2005 and now sells it. Unless he elects otherwise in the deed, how does Article 5A(5)(b) of the Income Tax Act tax the transfer?

• AAt 12% of the gain over acquisition value
• BAt 7% of the whole transfer value
• CAt 10% of the whole transfer value
• DIt is exempt, because the property was inherited

Under item 27 of the Tariff in the Schedule to Cap. 55, notarial fees on a transfer of immovable property are 1.0% on the first €11,694 and 0.50% on the next portion up to €584,700. What is the fee on a sale for €300,000?

• A€1,500.00
• B€1,558.47
• C€3,000.00
• D€1,441.53

Under Article 33 of the Duty on Documents and Transfers Act (Cap. 364), how must a person who inherits immovable property declare the transfer causa mortis?

• ABy public deed, within the prescribed term
• BBy an oral statement made at the Public Registry
• CBy a private writing sent to the Commissioner for Revenue
• DNo declaration is needed if the heir keeps the property

The vendor acquired the property eleven years ago under a deed of sale. Under regulation 18(2)(a) of the Examination of Title Regulations (S.L. 55.06), over what period may the notary compile the searches and be deemed to have acted with due diligence?

• AForty years, in every case of transfer
• BThirty years, whatever the vendor's title
• COnly the vendor's own deed of acquisition
• DTen years, as the title can transfer ownership

Under regulation 7(3) of the Examination of Title Regulations (S.L. 55.06), how recent must the update of the official Public Registry search be when the deed is published?

• AWithin one year before publication
• BWithin 30 days officially, or 7 days if online
• CWithin 90 days, however updated
• DNo update is needed after the first search

A notary publishes a deed of sale of a house. Under Article 84C(5) of Cap. 55, who is deemed to have instructed him to examine the title?

• AThe vendor
• BThe bank financing the purchase
• CThe transferee, who may exempt or limit this in the deed
• DNobody, unless there is a written contract of engagement

Under Article 84C(7)(d) of Cap. 55, who may bring an action against a notary in connection with an examination of title he carried out on a transfer?

• AAny person who later buys the property
• BThe creditors of the vendor
• COnly the Attorney General
• DThe transferee, or a person who engaged him

Under Article 2140 of the Civil Code, when does a possessor acquire ownership of an immovable by ten years' prescription, and from when does the period run if the title had to be registered in the Public Registry?

• AWith good faith and title; from registration
• BWith any possession, even in bad faith; from possession
• CWith good faith only; from the date of the deed
• DOnly with a court declaration; from its date

The immovable being sold was formerly owned by a church institution. Under Article 2144 of the Civil Code, what prescriptive period applies instead of the usual ten or thirty years?

• ATwenty years
• BFifty years
• CForty years
• DPrescription never runs against church property

After examining title, the notary informs the transferee of his findings by a written report under regulation 20(2) of S.L. 55.06. How must the report be kept?

• AA single original, filed at the Public Registry
• BA single original, annexed to the deed of sale
• CA copy sent to the Notarial Council within a month
• DTwo originals, one countersigned and kept five years

Under Article 1233(1)(a) of the Civil Code, what form is required for a promise of sale (konvenju) of immovable property?

• AA public deed or a private writing
• BAn oral agreement made before two witnesses
• CRegistration of the promise in the Land Registry
• DA public deed only, received by a notary

A promise of sale sets no term. Under Article 1357(2) of the Civil Code, when does it lapse if no judicial action is taken?

• AOne year after signature
• BThree months after the sale could be carried out
• CThirty days after notification to the Commissioner
• DIt never lapses without rescission

On signing a konvenju, the buyer paid €10,000 expressly as earnest (caparra). The seller later backs out. Under Article 1359 of the Civil Code, what must the seller pay?

• ANothing beyond returning €10,000
• B€15,000
• C€20,000, double the earnest
• DFull damages, but no earnest

Eight months after the deed of sale of a house, the buyer discovers a latent defect that could have been discovered at the time of sale. Under Article 1431 of the Civil Code, what is the time limit for the actio redhibitoria or aestimatoria?

• ASix months from delivery
• BOne year from the day of the contract
• CTwo years from discovery
• DFifteen years from completion

A client bought a house at a judicial sale by auction and later finds a hidden defect. Under Article 1432 of the Civil Code, can he bring the actio redhibitoria or aestimatoria?

• AYes, within one year from the date of the auction
• BYes, but only against the court registrar who held the sale
• CNo, not after a judicial sale by auction
• DOnly if the upset price at the auction exceeded €100,000

A married couple under the community of acquests is selling a flat bought during the marriage. Under Article 1322 of the Civil Code, who must appear on the deed?

• AEither spouse alone, as ordinary administration
• BOnly the spouse named in the purchase deed
• COnly the spouse who earns more
• DBoth spouses, as extraordinary administration

A house is subject to a perpetual ground-rent (ċens) of €23.29 a year, granted after 15 August 1981 and not revisable. Under Article 1501(2) of the Civil Code, how much must the emphyteuta pay to redeem it?

• A€232.90
• B€465.80
• C€776.33
• D€1,164.50

Under Article 1361 of the Civil Code, absent agreement, who bears the expenses of a contract of sale of immovable property, including those needed to free it from a hypothec?

• AThe seller
• BThe buyer
• CSeller and buyer in equal shares
• DThe notary, out of his fee

A buyer plans to open a new window in a wall facing the neighbour's property. Under Article 443 of the Civil Code, what minimum distance from the party-wall must be kept?

• AThirty centimetres
• BSeventy-six centimetres
• COne metre eighty centimetres
• DThree metres

Under Article 455 of the Civil Code, which of the following is a discontinuous easement?

• AAn easement of prospect
• BAn eavesdrop
• CA right of way
• DA watercourse