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S.L. 55.7 · Notaries (Compulsory Insurance) (S.L. 55.7)

S.L. 55.7 Art. 2Interpretation. Cap. 55. Cap. 403.

In forceOfficial text

In these regulations, unless the context otherwise requires: "Act" means the Notarial Profession and Notarial Archives Act;

"b reach" mean s any negligent act, error, breach of confidentiality, omission, loss of documents, committed or happening during the exercise of the notary’s functions under any law at any time in force in Malta, and for any preparatory, ancillary or consequential work done with respect to same, by the notary or by his employees, and includes any act which causes damages resulting from a criminal or fraudulent act by any of the notary’s employees in the performance of their duties if they are in his employment, or in furtherance of the notary’s functions if they are third parties engaged by him;

"claimant" means any person who suffers damages due to a breach;

"Court” means the Court of Revision of Notarial Acts; "damages" means any damages incurred directly by a claimant due to a breach, and includes any consequential loss suffered by the claimant due to such breach;

"insurance provider" means an undertaking which has received its official authorisation for the taking-up of the business of general insurance in Malta and is authorised to write policies categorised under class 13 of the Third Schedule to the Insurance Business Act; "Minister" means the Minister responsible for notarial affairs; "notarial act" means an inter vivos act, a will, an act of delivery of a secret will or any deed published in terms of articles 84A and 84B of the Act; "Notarial Council" has the meaning assigned to it by the Act; "notary" means a person, holding a warrant in accordance with the Act to practise such profession, but does not include a notary referred to in article 22 of the Act; "notary’s employees" means one or more persons in the employment of a notary and, or one or more third parties not in the employment of the notary but engaged by the notary in the exercise of the notary’s functions; "policy" means a Professional Indemnity Insurance Policy issued

*see regulation 1(2) of these regulations, as originally promulgated. according to documented terms and conditions, provided by an insurance provider to a notary; "policy year" means the minimum period of one year during which a notary is to be covered by a policy; "run-off cover" has the meaning assigned to it in regulation 5.