What is the conduct expected from a diligent notary by our law?

Abstract

The role of the Notary Public is a fundamental role in society which represents integrity, honesty and public faith. As the role of the Notary Public evolved, the services that s/he provides have increased and consequently so have his/her responsibilities. In recent years there have been a number of cases that breached the principle of good conduct and diligence of the Notary Public. This dissertation focuses on the due conduct and diligence of the Notary Public with particular emphasis on his/her fiscal responsibilities. Hence this dissertation analyses the measures that the law imposes on the Notary in ensuring his good conduct and diligence when entrusted with both deposits on a promise of sale as well as monies for the due taxes on a sale of property. This dissertation also analyses these measures in relation to Title 1 of the Notaries’ Code of Ethics Regulations dedicated to the conduct and diligence of the Notary Public, and provides a comparative analysis with the situation in Italy. The findings of this dissertation suggest that whilst in certain aspects legislation is thorough, there is a lacuna in Maltese legislation in other aspects, and that a more modern system of transactions on transfer of property is required, or a combination of both.