The Electronic Register (Termination of Mandates) Regulations, 2016 (L.N. 404 of 2016) saw the introduction of an electronic database maintained by the Chief Notary to Government, containing an electronic register of all special mandates on immovable property or general mandates between physical persons – so-called Powers of Attorney – that are terminated and which are required, in terms of the said Regulations, to be notified to the Chief Notary to Government by the mandatary or by any person having an interest in the mandate.

The said register is accessible online by the public and searches may be conducted either by name and surname, by reference to an identity card number or by the effective date.

It is pertinent to note that Notaries Public and banks are deemed to be informed of the termination of the said mandates as soon as the termination is entered into the register. This initiative has significantly facilitated – and reduced the costs of – bringing to the attention primarily of Notaries Public the fact that a Power of Attorney has ceased to exist.

The said Regulations came into force on the 2nd December 2016.

Authors: Dr Anthony Cremona and Dr Abigail Galea.