Issue link: https://maltatoday.uberflip.com/i/1409324
7 maltatoday | SUNDAY • 12 SEPTEMBER 2021 NEWS We Have Moved The Embryo Protection Authority with effect from 13 th September 2021, has been relocated to its new offices at: 88, Tarxien Road Luqa, LQA 1811 For further enquiries, kindly contact us on 25951650 NICOLE MEILAK ARE notaries who are involved in private business deals and property speculation, reliable public officers? It is a question raised by members of a profession which in recent years has changed with a construction boom that has raised the profile of the no- tary-public. And that is because new rules now prevent notaries from ex- ercising their office on the ex- ecution and custody of public deeds, if they are already in di- rect employment with a private business. For companies like develop- ers J. Portelli Projects, a small army of notaries can be found in-house, ready to undergo property researches for both the company as well as its pro- spective clients. But can notaries who are di- rectly employed by the seller of a property, be trusted to offer the prospective buyer impartial advice on property history and the transaction itself? Under the recently-enacted amendments to the Notarial Profession Act, notaries will have to cease from exercis- ing their functions if they are in full-time employment, or if they exercise a profession or assume any office incompatible with the office of notary. Notaries who double up as property brokers and develop- ers, or teaming up with specu- lators on the profits of property deals, are already problematic. The new rules should force them to choose. But the same rules also de- cree that notaries who are in full-time employment with any commercial lending bank, similar financial institutions, private companies or even government agencies and pa- ra-statal companies, cannot practice as notaries except in deeds strictly related to their direct employment. This has created two tiers, as it were, of notaries: those whose independence allows them to service the clients they wish; and those employed by a company in roles not necessar- ily connected to their notarial work, but who now can only execute deeds to which that company is a party. Some notaries are unhappy about the new rules. Those whose main source of income derives from other forms of private employment, would al- so use their notarial office to boost their income by offering their services independently of their employment. They will have to choose: either resign from their private employer to practice independently, or ceasing the publication of deeds that are not related to the pri- vate employer. Some have also gone beyond their notarial of- fice to take up directorships or 'KYC' (know your client) roles such as money-laundering re- porting officers. They will have to choose – their corporate jobs, or resign to retain their notarial clientele. Those who defend the rules say that such notaries are not losing their warrant, and it is the independence of the public official that is being safeguard- ed. Notarial Council president Clinton Bellizzi told MaltaTo- day that notaries employed in a company full-time might not be able to be fully independent and impartial in their public services. "You are either in full-time employment and exercising notarial work in relation to this, or you are a public offi- cial," he stated. Bellizzi added that the con- cept of being a "part-time nota- ry" is completely incompatible with the nature of the work. "Notaries are bound to be im- partial, independent, and avail- able at all times – full-time employment with a company could prevent a notary from doing so. "This is the same for the ar- my, the police, even govern- ment ministers. Public office is incompatible with part-time work." Bellizzi said the term "part- time notary" is in itself a mis- nomer, as the job is inherently full-time. Urgent cases, such as when notarising a will, require the notary to be available at an almost on-demand basis. "This is something a first-year law student would know." Bellizzi further clarified that the warrant will not be touched under the new rules. All ex- isting notaries will remain as such, and will still be able to perform in their notarial of- fice. However, they will have to choose between notarial work for a given body or public no- tarial duties. "Ultimately, this is nothing new," Bellizzi said, saying this was always a given in the no- tarial profession. "The concept has always been there. We're not reinventing the wheel; we're just spelling it out in black and white." Private practice or public office: notaries told to make their pick Notarial Council president Clinton Bellizzi CAREER OPPORTUNITY Deputy Director Jobsplus Permit No: 411/2021 The Environment & Resources Authority (ERA) is seeking highly mo vated individuals to join the management team in the posi on of Deputy Director. The Deputy Directors within ERA are responsible for the management of the func ons and the overall running of the assigned unit/s as directed by the Authority, in accordance with any applicable Na onal, EU and Interna onal laws. The posi ons of Deputy Directors at ERA are challenging and offer a good remunera on package. The Person: • Leadership skills to build organisa onal capacity and drive excellence performance • Effec ve management skills, with the ability to manage mul disciplinary teams • Strong inter-personal and people-skills to mo vate colleagues • Pro-ac ve and visible styles of leadership and management, capable of driving change effec vely • Experience of strategy development with result-oriented mind-set • Ability to carry out research and respec ve analysis of findings • Ability to generate synergies and collabora on within teams and among stakeholders Candidates must be in possession of the necessary qualifica ons and experience required by the call. Further informa on may be obtained on era.org.mt or via the QR code below. Interested candidates are invited to submit their applica on, together with a detailed Curriculum Vitae via email on vacancies.era@era.org.mt by noon (CET) of Monday 27th September 2021. For further informa on, kindly contact: Human Resources Unit Environment and Resources Authority Ref: Deputy Director Email: vacancies.era@era.org.mt