Notarial Contract for Malta

Notarial Contract Template for Malta

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Notarial Contract

"I need a Notarial Contract for the purchase of a commercial property in Valletta, Malta, scheduled for March 2025, including provisions for existing tenant agreements and environmental compliance requirements."

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What is a Notarial Contract?

The Notarial Contract is a fundamental legal instrument in Malta's civil law system, required for various important transactions and agreements. This document type is essential when Maltese law mandates notarial intervention, particularly in real estate transfers, certain corporate transactions, and other significant legal arrangements. The notarial contract must comply with strict formal requirements under the Notarial Profession and Notarial Archives Act and related Maltese legislation. It serves as an official record with special evidentiary value, requiring careful preparation, proper identification of parties, and formal execution before a qualified Notary Public. The document's importance is heightened by Malta's position as an international business center and its unique legal requirements combining civil law traditions with common law influences.

What sections should be included in a Notarial Contract?

1. Notarial Introduction: Formal introduction stating date, place, and notary details as required by Maltese law

2. Parties: Detailed identification of all parties including full legal names, ID numbers, addresses, and capacity to contract

3. Background: Recitals explaining the context and circumstances leading to the contract

4. Definitions: Definitions of key terms used throughout the document

5. Object of Contract: Clear description of the subject matter of the contract

6. Consideration: Details of payment or other consideration

7. Terms and Conditions: Main obligations and rights of the parties

8. Representations and Warranties: Statements of fact and guarantees by the parties

9. Duration and Termination: Contract period and conditions for termination

10. Governing Law and Jurisdiction: Confirmation of Maltese law application and jurisdiction

11. Notarial Declarations: Required legal declarations and confirmations

12. Execution: Formal execution clause with notarial attestation

What sections are optional to include in a Notarial Contract?

1. Property Description: Detailed description of property including boundaries and rights (for property-related contracts)

2. Due Diligence Findings: Results of searches and investigations (for property or business transfers)

3. Conditions Precedent: Prerequisites that must be satisfied before the contract becomes effective

4. Tax Provisions: Specific tax-related clauses and declarations required for certain transactions

5. Succession Rights: Provisions regarding inheritance rights (for family or estate-related contracts)

6. Environmental Provisions: Environmental declarations and obligations (for property or business contracts)

7. Planning Permits: References to planning permissions and compliance (for construction or property development)

What schedules should be included in a Notarial Contract?

1. Property Plans: Official site plans, drawings, or surveys authenticated by the notary

2. Technical Specifications: Detailed technical descriptions of property or assets

3. Required Permits: Copies of relevant permits, licenses, or authorizations

4. Identity Documents: Certified copies of identification documents of parties

5. Powers of Attorney: Authenticated powers of attorney if parties are represented

6. Corporate Resolutions: Board resolutions or company authorizations where applicable

7. Supporting Documents: Any additional documents required to be annexed to the deed

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Legal Services

Real Estate

Banking and Financial Services

Corporate Services

Construction and Development

Maritime

Gaming Industry

Professional Services

Public Administration

Investment Services

Relevant Teams

Legal

Compliance

Corporate Secretariat

Real Estate

Risk Management

Business Development

Operations

Administrative Support

Property Management

Investment

Corporate Affairs

Relevant Roles

Notary Public

Legal Counsel

Corporate Lawyer

Real Estate Attorney

Compliance Officer

Property Manager

Company Secretary

Legal Administrator

Risk Manager

Transaction Manager

Corporate Director

Business Development Manager

Investment Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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