Cap. 622 чл. 16Partnerships of periti. Forms of practice.

(1) Two or more warrant holders may enter into an agreement by means of a private deed, hereinafter referred to as a "partnership of periti", having for its exclusive object to practise the profession collectively.

(2) No person other than a warrant holder may be a partner in a partnership of periti.

(3) Any such partnership shall, when duly formed, be registered with the Warranting Board, and upon such registration, the partners shall, for as long as it is so registered, be authorised to act in the name and on behalf of the partnership, which shall be entitled to the designation Periti.

(4) (a) As a result of the deed referred to in sub-article (1) hereof, the signatories shall agree to be jointly and severally responsible for the actions and omissions of each and every one of them in the performance of their professional duties, the maintenance of the required professional standards and conduct, and generally in the fulfilment of the obligations under this Act or any other applicable law. They shall also be jointly and severally liable for any loss or damage resulting therefrom.

(b) Any act or thing that may be done by a warrant holder may be done by one or more of the signatories in the name of all the signatories, and any act or thing done in the name of the signatories shall be done by one or more of the signatories.

(c) The responsibilities and liabilities for anything done or omitted to be done during the period in which a warrant holder was a signatory to an agreement referred to in sub-article (1) shall not cease, in respect of such person, by his retirement, death or other cause by which he ceases to be a signatory, unless the agreement stipulates otherwise to the satisfaction of the Warranting Board, and such agreement is drawn up by a public deed before a notary public and registered in the Public Registry.

(5) There shall be a list of all partnerships which have been registered by the Warranting Board in accordance with sub-article (3) and the Warranting Board shall enter, into this list, the operational name of such partnership, as well as the names of the individual warrant holders signatories to the agreement referred to in sub-article (1), after having verified the said agreement, and the professional status of the individual signatories, in accordance with regulations that may be prescribed.

(6) Every such partnership registered with the warranting board shall have a unique registration number, which shall be used to identify the partnership. This registration number shall be used to confirm all formal documentation issued by the partnership in the course of execution of the profession, under the terms of the agreement referred to in sub-article (1).

(7) Upon registration, and for as long as it is so registered, each signatory shall be authorised to act in the name, and on behalf, of all signatories.

(8) Every such partnership shall give to the Warranting Board such information as it may reasonably require or as may be prescribed, and shall give notice to the Board of any relevant changes in any information previously given to it, within fifteen (15) days after the date on which the change occurs. Failure to do so shall be considered to be an offence and shall, on conviction, be liable to a fine (multa) of two hundred and fifty euro (€250).

17.* Notwithstanding the provisions of article 16, any legal personality recognised by, or obtained following registration in accordance with the Laws of Malta and established in Malta, or the laws of the Member State in which it is established in the case of cross-border services offered in accordance with the Services Directive, may undertake the provision of architectural and of civil engineering services, provided that for those professional services reserved by any Law of Malta to a warrant holder, the names of the Perit or Periti, or the professionals undertaking such services in accordance with this Act and who shall carry the liabilities arising from these reserved professional services, shall be clearly identified in any formal communication or contract of services or marketing material; and provided that appropriate professional indemnity insurance policies in accordance with article 18 are held in the names of such warrant holder or service provider, which insurance policies shall be made available for inspection by any person wishing to use the relative professional services.