The ethical conduct : analysing how Malta’s ‘Notaries’ Code of Ethics Regulations’ reflect the ‘Deontology and Rules of Organization for Notariats’ published by the International Union of Notaries

Abstract

The notary’s role is primarily marked by the elements of public faith and trust, both integral aspects of the profession that hinge on impartiality and autonomy. The meticulous professional selection and training processes that notaries undergo ensure the public’s confidence, and all members of the profession are to adhere to shared stringent principles and legal expertise. The law mandates notaries with the substantial duty to verify the intent of the parties and transform it into a legally precise format closely aligned with the desired outcome. This process helps avert costly misinterpretations, uncertainties, and ultimately, legal disputes. The notary bears responsibility and acts as the ultimate assurance for the legitimacy and accuracy of acts conducted by parties in their presence. The notarial profession offers citizens assurance that numerous civil matters within its purview will be managed promptly and effectively. Being both a public officer and an independent professional with their private practice, the notary embodies a dual nature. This duality strikes a balance between the notary's legal and fiscal functions, making them the ultimate point of reference. The Notaries’ Code of Ethics Regulations was brought into force to provide the guidelines by which notaries are to administer their work. The professional report will analyse to what extent this instrument reflects the principles that were laid out by the International Union of Notaries.