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General Provisions applying to the Suspension of Legal and Judicial Times

General Provisions applying to Legal and Judicial Times

Following the Closure of Courts Order, LN 141 was published laying down general provisions that apply to the suspension of legal and judicial times.

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Further the earlier order by the Superintendent of Public Health to close the Courts of Justice, Legal Notice 141 has been published laying down some general provisions that apply to the suspension of legal and judicial times as from 2nd April 2020. The LN suspends the running of any time period:

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

(b) decreed or otherwise ordered by any court, government department, government agency or public authority; and

(c) 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 has a direct effect on the ability of any party to exercise its rights or to perform its obligations in terms of the same agreement.

For (a) and (b), the suspension is until 7 days following the lifting of the order to close the Courts. For (c), the suspension extends until the 20th day following the lifting of the said order.

The suspension covers amongst others 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 performance of any obligation contained in any deed or private writing, including a promise of sale agreement registered with the Commissioner for Revenue;

(vi) 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.

General Provisions applying to the Suspension of Legal and Judicial Times

The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation.

© 2020 KPMG, a Maltese civil partnership and a member firm of the KPMG global organisation of independent member firms affiliated with KPMG International Limited, a private English company limited by guarantee. All rights reserved.


For more detail about the structure of the KPMG global organization please visit https://home.kpmg/governance.

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