Nutar Clara Farrugia Grixti, Notary Public and Commissioner for Oaths

Others · 2 May 2024

Understanding the Notary’s Discretion: Conditions Under Which Services Can Be Refused

In the realm of legal documentation and notarisation, notaries public play a crucial role. They ensure that documents are authentic, that parties signing documents are who they claim to be, and that all parties understand the contents of the documents they sign. However, there are certain conditions under which a notary can refuse to provide services. Understanding these conditions helps clarify expectations for those requiring notarial services and maintains the integrity of the notarial process.

Discretionary Refusal of Service

A notary has the professional discretion to refuse or terminate their services at any point without providing justification. This autonomy allows notaries to manage their responsibilities without compromise and ensures they can uphold ethical standards and legal obligations.

Specific Conditions for Refusal

While a notary's right to refuse service is broad, several specific conditions are typically cited for such a decision:

  • Financial Responsibilities: A notary may refuse to perform services if the parties involved have not paid the required duties, taxes, fees, or expenses associated with the service. This refusal can occur at the time the service is requested or at the moment of the publication of the deed.
  • Non-Business Hours: Notaries are not obligated to work during non-business hours, specifically on public holidays. This policy helps protect the notary's work-life balance and sets clear expectations for service availability.

Exceptions to the Rule

However, there are notable exceptions to these general rules:

  • Wills: The critical nature of wills necessitates that notaries provide their services when requested;
  • Sea Protests: Similarly, during sea protests, notaries are required to perform their duties regardless of the day or time, given the urgent need for their services in maritime operations.

Implications for Clients and Notaries

For clients, understanding these boundaries is crucial for planning and executing legal actions that may require notarisation. For notaries, these guidelines provide a framework within which they can operate effectively while maintaining their professional ethics and legal compliance.

Clients seeking notarial services should always confirm the availability of the notary, ensure that all financial obligations are settled beforehand, and plan their needs within the notary’s operational hours unless dealing with wills or sea protests where notaries must provide service.

Conclusion

Notaries serve as an essential pillar in the legal framework by ensuring the authenticity and integrity of critical documents. By understanding when a notary can refuse services, both notaries and their clients can ensure that interactions remain professional, respectful, and within legal bounds.

Regards,
Dr Clara Farrugia Grixti
Notary Public, Malta.

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