Malta: Suspension Of Legal And Judicial Times - Amendments

Further to the earlier publication of regulations that apply to the suspension of legal and judicial times, Legal Notice 162, published on 28 April, gives these regulations an effective date and passes a few refinements to the earlier provisions. 

The suspension and its effects shall be deemed to have started to run from 16 March 2020.

The regulations suspend the running of any time period which is affected by or otherwise, subject to the Closure of the Courts of Justice Order:

(a) under any substantive or procedural law, including any period of prescription and any peremptory period; and

(b) decreed or otherwise ordered by any court [the reference to government department, government agency or public authority has been removed].

The suspension remains until 7 days following the lifting of the order to close the Courts and continues to run thereafter.

Now separately from the above, the regulations also suspend the running of any time period established in any agreement (whether a private writing or a public deed), including any time period for the performance of any obligation set out in such agreement, if and to the extent that the Closure of the Courts of Justice Order has a direct effect on the ability of any party to exercise its rights or to perform its obligations thereunder. The suspension remains until the 20th day following the repeal of the order to close the Courts and continues to run thereafter. 

Such latter suspension applies to the running of:

(i) all the legal periods imposed on a notary public by law to register any deed, will, act or private writing; 

(ii) any period within which a notary public, in terms of any applicable law, must pay taxes collected by him in the exercise of his profession; 

(iii) any time period related to fiscal benefits, incentives or exemptions; 

(iv) any time period within which a notary public is to submit any information or documentation to any authority or regulator pursuant to relevant notarial activity; 

(v) time with respect to the expiration of any registered promise of sale agreement.

Should you have any queries or wish to discuss further, please send an email to covid@kpmg.com.mt.