General Provisions Applying To The Suspension Of Legal And Judicial Times

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

Malta Litigation, Mediation & Arbitration

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 2^nd 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 20^th 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.

Originally Published 14 April 2020

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

General Provisions Applying To The Suspension Of Legal And Judicial Times

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Litigation, Mediation & Arbitration

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Malta