Since the time of the Normans in Malta, notaries have always had a vital role in society. More so after the Code de Rohan was promulgated and even more since the 1927 law regulating the profession.

They are the guardians of the country’s most important laws where transactions like purchases of immovable property are concerned.

Notaries ensure the agreements between the parties are clearly reflected in the acts drawn up while upholding their super partes position of impartiality. The notary also collects the taxes due, forwards them to the departments and registers the transactions at the Public Registry and/or the Land Registry.

This is the legal context of our notarial system. It has been such for many years and it has given peace of mind to legislator and public alike. This context, however, has grown out of synch on certain fronts while today ’s reality has outgrown legislation in view of the economic growth of the past decades.

The amendments to the 1927 Notarial Act, which have just been unanimously approved by Parliament, are designed to reflect once again the complex realities of today while safeguarding the profession itself and the end-user.

The new law strategically protects the public interest in at least four areas of notarial work.

Firstly, the academic and practical training required for appointment as notary is being upgraded.

Secondly, for the first time ever, notaries will have to be insured against professional risks.

Thirdly, also for the first time, they will have to keep notarial deposit accounts so that moneys entrusted to them in their professional capacity are kept separate and distinct from their personal assets. They will thus enjoy special protection.

Fourthly, a detailed system has been devised whereby notarial acts published during a year are presented to a review officer in the following year, on dates that notaries will know of well in advance, so that the review officer may check that the formalities have been complied with and all the taxes paid.

Notaries who do not present the acts will face serious consequences, including automatic suspension or revocation of the notarial warrant. It is simply not on for the reckless behaviour of a handful of notaries to smudge with gay abandon the justifiably excellent reputation enjoyed by the absolute majority of notaries who toil, and have toiled, hard to respect the law and the trust shown in them. This apart from the untold misery and harm inflicted on unsuspecting and innocent third parties.

For the first time, the law tackles the notary’s role in the examination of title of immovable pro-perty and their requirement to carry out legal research. Most readers will be surprised to learn that the notarial law has been silent on this point. It did not impose any duty on notaries to carry out research and, thus, a legal quagmire has developed with conflicting schools of thought regarding the professional level or benchmark to be applied when doing such research.

Innocent parties have been caught, and hurt, in the ensuing line of fire. In view of the seminal importance of this issue, the new law has now clarified the role of the notary in the examination of title, the instances where the notary is obliged to do so, the extent of such examination, various exemptions, the meaning of due diligence, his/her responsibility and a plethora of other important issues.

Another amendment to the law gives the Notarial Council (which represents the public notaries) the right, with the approval of the Notarial College (made up of all the notaries), to draw up, for the first time, a code of ethics enforceable by the same council as well as having other self-regulatory powers. Indeed, the annual presentation of notarial acts and their review, with the exception of wills that are dealt with differently, will be managed by the Notarial Council, subject to the powers of the Court of Revision.

Since the innovations are far-ranging and complex, not all the amendments will come into force immediately. Various sets of regulations need to be prepared, and it is only fair that notaries be given a reasonable time to adjust to the changes.

Piloting this Bill through Parliament has been an extremely onerous task. Some tightrope walking was necessary to safeguard the dignity of this profession while defending the interests of John Citizen.

I am convinced the innovations, many of which were originally proposed by the Notarial Council and have been wholeheartedly supported by the opposition, will afford the public much greater protection and be an effective instrument in the hands of notaries in the delicate and indispensable daily service they give to the community.

Their standing in society is being strengthened. They will become more worthy of the honorific title of Manifk with which our forefathers used to address them.

I firmly believe these amendments will protect both the profession’s and the public’s interests.

Dr Azzopardi is Parliamentary Secretary for Small Business and Land