Duty on Documents and Transfers Act (Cap. 364)

Duty on Documents and Transfers Act (Cap. 364), article 11

Official PDF on legislation.mt

11. Any notary who receives any deed which does not contain a declaration of value or of a description of the property, where this is required under article 9, or who fails to warn the parties particularly as to the importance of the truthfulness of such declaration or to record in the deed that he has complied with such requirement, shall be guilty of an offence under this Act, and shall on conviction be liable to a fine (ammenda) of not less than eleven euro (11) and not more than fifty-eight euro (58) and to the payment of the duty due, to be assessed by the court, if necessary with the assistance of referees, at the expense of the notary, saving the latter’s right to recover the amount paid by him in respect of duty from any other person liable for the payment of the duty: Provided that prosecution under this article shall only be commenced at the instance of the Commissioner, and that no such prosecution shall take place where the notary, upon a notice in writing by the Commissioner, admits liability to pay such penalty and such duty as may be declared to be due by the Commissioner, in which case such penalty and duty shall be due by the notary to the Commissioner as a civil debt. Manner of calculating value for purposes of ad valorem duties.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.