Notarial Council tells notaries not to sign new Identita forms for lease registration
The Notarial Council of Malta has, with immediate effect, directed the Notarial College that the new form for the registration of leases issued by Identita should neither be signed nor filled out by the notary, until further notice.The Council took t
The Notarial Council of Malta has, with immediate effect, directed the Notarial College that the new form for the registration of leases issued by Identita should neither be signed nor filled out by the notary, until further notice.
The Council took to Facebook to announce the directive, which was issued yesterday, emphasizing that the legal certainty, for which the Notary is the guarantor, must always be ensured.
This comes after Identita Malta issued the new Lease Agreement Attestation Form, which started being effective from 1 September.
Any property lease agreement presented as part of a residence permit application must be officially attested by a Notary, Lawyer, or Legal Procurator. This additional layer of verification was introduced to further ensure the accuracy and reliability of the information provided to the Agency.
The new form followed news reports that Maltese people and property owners started receiving mail addressed to foreigners who are not residing in their properties, which led to allegations of a widespread racket involving the misuse of personal information and forging rental contracts.
Identita described the new form as “part of a broader effort to further enhance the Residence Permit application process, where through collaboration with other relevant entities, Identità has spearheaded initiatives aimed at streamlining the Residence Permit application processes and curbing misuse of the system.”
The agency continued that by requiring lease agreements to be attested by a qualified legal professional, Identità aims to promote greater accountability from both property owners and tenants and ensure that all parties involved adhere to legal standards, whilst enhancing safeguards against false declarations.
NGO Repubblika’s Honorary President Robert Aquilina, who is a notary by profession, took to Facebook to express his agreement with the Notarial Council’s directives.
“Well done to the Notarial Council for the directive it issued in the past hours, so that with immediate effect, us notaries will not fill out nor sign the new form for the registration of leases as issued by Identita,” Aquilina said.
He said that the Council has every reason to insist and demand that legal certainty, for which the Notary is the guarantor, must always be ensured.
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