S.L. 55.7 · Notaries (Compulsory Insurance) (S.L. 55.7)
S.L. 55.7 ст. 9Exemptions.
(1) Saving the provisions of regulation 5 regarding run off-
cover, a notary shall be exempt from the obligation of being insured in terms of regulation 3 whenever the Court, following the notary’s application to this effect, exempts him from such obligation.
(2) In his application to the Court, the notary shall:
(a) indicate the reason why and the calendar year or years during which he does not intend publishing any notarial act; and
(b) present a copy of his run-off cover policy valid for two years immediately following the end of the policy year in which he published his last notarial act: Provided that the last requisite shall not apply where the notary did not publish any notarial act in the five years prior to his application.
(3) Without prejudice to the provisions of sub-regulation (2), the Court shall accede to the request of the notary, and issue the appropriate decree in the following cases:
(a) where the notary intends to absent himself from Malta for a period exceeding one year; or
(b) where the notary is suffering from ill-health or a protracted medical condition restricting him from publishing any notarial act; or
(c) where the notary has taken up full-time employment, and his contract of employment prevents him from publishing any notarial act; or
(d) where the notary does not intend publishing any notarial act for a period of time exceeding one year in cases of parenthood where such notary has the care of a child of less than four years of age; or
(e) where the notary shows any other situation which the Court considers reasonable after considering all the circumstances of the case.
(4) The grant of a decree by the Court in any of the cases mentioned in sub-regulation (3) shall not be interpreted as preventing a notary from publishing a notarial act at any time, so long as he first conforms to the provisions of the Act and these regulations with regard to insurance and also applies to the Court for the revocation of its decree with effect from the date when he is covered, or again covered, in terms of regulation 3.
(5) A notary who has been partially incapacitated in terms of the Act shall not, for the sole reason that he is partially incapacitated, be exempt from being covered in terms of the Act and these regulations.