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Suspension of Legal and Judicial Times - Amendments

Suspension of Legal and Judicial Times - Amendments

Through LN162, the suspension of legal and judicial times affected by the Closure of the Courts of Justice Order started to run from 16 March 2020.

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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.

Suspension of Legal and Judicial Times - Amendments

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 Malta civil partnership and a member firm of the KPMG network of independent member firms affiliated with KPMG International, a Swiss cooperative. All rights reserved.

KPMG International Cooperative (“KPMG International”) is a Swiss entity.  Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. No member firm has any authority to obligate or bind KPMG International or any other member firm vis-à-vis third parties, nor does KPMG International have any such authority to obligate or bind any member firm.

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