Policy for the recognition of foreign public documents by the Public Registry Unit in terms of Article 244 of the Civil Code (Cap 16 of the Laws of Malta), the Marriage Act (Cap 255 of the Laws of Malta) and Article 33 of the Marriage Act (Cap 255 of the Laws of Malta)

Publishing Date: PS.  3rd January 2022.
Last Update: n/a
Version: 1.0

 

Abstract

 

The Public Registry is required to register and recognize foreign public documents, including but not limited to the registrations of foreign Acts of Civil Status in terms of Article 244 of the Civil Code (Cap 16 of the Laws of Malta), the publication of Marriage Banns in terms of the Marriage Act (Cap 255 of the Laws of Malta) and registration decisions of a foreign Court or decisions or other official acts of equivalent effect of a foreign competent authority on the status of a married person or affecting such status, in terms of Article 33 of the Marriage Act (Cap 255 of the Laws of Malta).

 

The policy specifies the requirements of the Public Registry that need to be fulfilled before a registration is accepted.  These may include documents and translations into Maltese or English being apostilled/legalized or accompanied by a forensic consultation certificate depending upon the origin of the document.

 

All documents are retained and indefinitely preserved in the archives of the Public Registry.

 

 

Policy

 

1.0       Recognition of Foreign Public Documents Policy

This policy shall apply to all cases where the Public Registry is required to register and recognise foreign public documents, including but not limited to, the following cases:

 

  1. Registrations of foreign Acts of Civil status in terms of Article 244 of the Civil Code (Cap 16 of the Laws of Malta);

 

  1. Any foreign public documents which may be required for the purpose of an application for the publication of Marriage Banns in terms of the Marriage Act (Cap 255 of the Laws of Malta)

 

  1. Registrations of a decision of a foreign Court or a decision or other official act of equivalent effect of a foreign competent authority on the status of a married person or affecting such status, in terms of Article 33 of the Marriage Act (Cap 255 of the Laws of Malta).

2.0       Originals or certified true copies of public documents

Documents submitted from EU and non-EU countries may be either original or certified true copies.  In the case of certified true copies, these must be issued from the same competent authority or Court that has issued the original document.

 

All documents are retained indefinitely and preserved in the Archives of the Public Registry.

 

The Director of Public Registry will accept only original or certified true copies of documents as specified hereunder:

 

  • European Union original or certified true copies of public documents do not need to be apostilled or fully legalised by virtue of EU Regulation 2016/1191 applicable from 16th February 2019.

 

  • Non-EU original or certified true copies of public documents need to be either apostilled or fully legalised.

 

Originals and certified true copies of public documents from non-EU countries are also accepted if these are accompanied by a forensic consultation certificate.

 

 

3.0       Translations (EU documents)

 

  • Translations of all EU public documents done in Malta by persons registered on the Identity Malta Agency ‘Translators’ List do not require to be apostilled or legalised. However, translations of all EU public documents made by persons registered by the Malta Ministry for Foreign and European Affairs that are not on the Identity Malta Agency ‘Translators’ List  must be apostilled or legalised.  The Register provided by the Legalisation Unit within the Malta Ministry for Foreign and European Affairs may be searched through the portal https://signatories-legalisation.gov.mt/

 

 

 

  • The Public Registry also accepts EU public documents accompanied by a multilingual standard form as a translation aid.

 

 

4.0       Translations (Non-EU documents)

  • Public documents issued by non-EU Member States that are not in the English language need to be translated into Maltese or English.

 

  • Translations of all non-EU public documents done in Malta by a person registered on the Identity Malta Agency ‘Translators’ List do not require to be apostilled or legalised. However, translations of all non-EU public documents made by persons registered by the Malta Ministry for Foreign and European Affairs that are not on the Identity Malta Agency ‘Translators’ List must be apostilled or legalised.  The Register provided by the Legalisation Unit within the Malta Ministry for Foreign and European Affairs may be searched through the portal https://signatories-legalisation.gov.mt/

 

 

 

  • All translations of non-EU documents made outside Malta or the EU must be apostilled or legalised.

 

Once these requisites have been satisfied, the respective act is registered and given civil effects as if it had been registered in Malta.