Updated 4 pm
Lawyers have joined notaries in refusing to sign the new Identità lease agreement form, saying they were not informed of the measure before it took effect.
Since Monday, third-country nationals need to present a lease agreement attestation form when applying for residence. The document requires the signature of a notary, lawyer, or legal procurator.
Identità said the requirement is designed as a safeguard against abuse of the system and comes amid claims by lawyer Jason Azzopardi that thousands of ID cards were issued based on forged documents.
The Chamber of Advocates joined the Notarial Council on Friday, instructing their members not to sign the document.
“The chamber was not previously informed about this change and is requesting clarification from Identity Malta, together with the Notary Council and the Chamber for Legal Procurators.”
“Until further notice is issued by the chamber, lawyers are directed not to complete or sign the form,” a circular sent by the chamber told its members.
Chamber of Advocates president Peter Fenech said that several elements in the Identità form are unacceptable, most notably an option that allows the possibility to attest signatures without witnessing the signing.
Fenech said that Identità should have consulted the chamber before introducing the document.
“If you want us to participate in a system, you need to speak to us beforehand,” Fenech said.
The Chamber of Advocates issued the directive a day after the Notarial Council took a similar step in ordering Malta’s notaries not to fill in the attestation form.
“Without witnessing the signature and assuring that the person signing the document is who they say they are, through an identification document, there is no legal certainty,” a spokesperson for the Notarial Council said.
The Notarial Council spokesperson said notaries can still attest lease agreements, but they should not sign the accompanying Identità form.
Sources told Times of Malta that the process of introducing the new attestation form included very little consultation with stakeholders and related government entities were also left in the dark.
Tenants union Solidarjetà also said they were not consulted.
They criticised the new measure as “rash and misguided,” saying it piles further financial pressure on tenants because of the costs associated with verifying documents.
Employers appeal for solution to ‘unimplementable’ requirement
In reaction, the Malta Employers Association appealed to authorities to find a solution to the developing situation now that both the Notarial Council and the Chamber of Advocates had precluded their members from attesting to new lease agreements on the Identità form.
While new measures introduced previously had already introduced additional verification measures, the administrative burden was tolerated as it ultimately enhanced the residence permit application process, the MEA said.
However, they said that these new measures “cannot be adhered to”.
“The MEA is concerned that its members and their business operations are at risk because they are not able to apply for new work permits and/or renewals for employees, some of whom they may have invested heavily in and are now at risk of being repatriated through no fault of their own,” they said.
“The MEA offered its assistance in seeking the necessary solutions if required but asked for urgent temporary measures to guide employers accordingly.”