On 24/05/2013,
you requested for the version in force on 24/05/2013
incorporating all amendments published on or before 24/05/2013.
The closest version currently available is that of 01/04/2006.
PART VI
TIME OF STAMPING INSTRUMENTS
42. Except where express provision to the contrary is made in this Act, all instruments chargeable with duty and executed by any person in Singapore shall be stamped before being executed.
43. Every instrument chargeable with duty executed only outside Singapore may be stamped within 30 days after it has first been received in Singapore.
[38/75; 14/83; 26/96]
Promissory notes drawn outside Singapore
44. [Repealed by Act 26 of 1996]
45.
—(1) Transfers of shares shall not be stamped until the numbers of the shares are entered.
(2) The Commissioner may, if he is satisfied that the numbers of the shares cannot be obtained or cannot be obtained without undue delay and expense, permit a transfer of shares to be stamped although the numbers of the shares are not entered on the transfer.
46.
—(1) Except where other express provision is made by this Act or any other Act, any unstamped or insufficiently stamped instrument may be stamped after the first execution thereof, subject to the following:
(a)
where the instrument drawn or made within Singapore, is stamped within 14 days after it has been first executed in Singapore or, if first executed outside Singapore, within 30 days after it has been first received in Singapore, on payment of the duty only;
(b)
when the instrument is stamped within 3 months after such execution or receipt as mentioned in paragraph (a), on payment in addition to the stamp duty of a penalty of $10 or of the amount of deficient duty, whichever penalty is the greater;
(c)
when the instrument is not stamped within 3 months after such execution or receipt as mentioned in paragraph (a), on payment in addition to the stamp duty of a penalty of $25 or 4 times the amount of deficient duty, whichever penalty is the greater.
[38/75; 4/81; 14/83; 26/96]
(2) The Commissioner may reduce or remit any penalty prescribed by this section.
(3) For the purposes of this section, an instrument shall be deemed to be unstamped or insufficiently stamped notwithstanding that a stamp certificate is attached thereto if, by reason of the circumstances mentioned in section 6D(3), the duty chargeable on the instrument was not deducted by the Commissioner from the designated account of a registered person.
[33/99]
47. Where it is provided in this Act that an instrument is to be stamped within a certain period of time after execution, such period shall be reckoned as commencing on the day after the execution of the instrument by the person who first executed it unless otherwise stated in this Act.
48. The payment of any penalty prescribed under section 46 shall be denoted —
(a)
on the instrument concerned by an impressed stamp and certification by the Commissioner;
(b)
by a receipt issued by the Commissioner; or
(c)
by notation on the stamp certificate relating to the instrument.
[33/99]
49. The person liable to any penalty under section 46 shall be the person by whom the duty is payable in accordance with Part IV.
[26/96]
50.
—(1) Notwithstanding the provisions of any other written law, all duty and penalty required to be paid under this Act may be sued for by way of a specially endorsed writ of summons.
[33/99]
(2) The Commissioner may, in his own name, sue for any such duty or penalty and shall be entitled to all costs allowed by law against the person liable thereto.
[33/99]
(3) The Commissioner may appear personally or by counsel in any suit instituted under this section.
[33/99]
(4) In any suit under this section, the production of a certificate signed by the Commissioner giving the name and address of the defendant and the amount of duty or penalty due by him shall be sufficient evidence of the amount so due and sufficient authority for the court to give judgment for that amount.
[33/99]
(5) Any penalty required to be paid under this Act shall be recoverable as if it were duty due and payable under this Act and accordingly, section 6(4) of the Limitation Act (Cap. 163) shall not apply to such penalty.
[33/99]