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← Stamp Act 1949

Stamp Act 1949 s 43

Stamp Act 1949 s 43

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 43 Bills, cheques or notes drawn out of Malaysia

(1) Every person into whose hands any cheque or promissory note drawn or made out of Malaysia comes in Malaysia before it is stamped shall, before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in Malaysia, affix thereto the proper adhesive stamp and cancel the same. (2) If, at the time when any such cheque or note comes into the hands of any bona fide holder in Malaysia, the proper adhesive stamp is affixed thereto and duly cancelled, such stamp shall, so far as relates to such holder, be deemed to have been duly affixed and cancelled. (3) If, at the time when any such cheque or note comes into the hands of any bona fide holder thereof in Malaysia, there is affixed thereto the proper adhesive stamp not duly cancelled, it shall be competent for such holder to cancel such stamp as if he were the person by whom it was affixed, and upon his so doing the cheque or note shall be deemed duly stamped, and as valid and available as if the stamp had been cancelled by the person by whom it was affixed. (4) Nothing contained in subsection (2) or (3) shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp. (5) A cheque or promissory note drawn or made out of Malaysia which has not been duly stamped under subsection (1) may be stamped after it has been presented for acceptance or payment, or endorsed, transferred or otherwise negotiated in Malaysia— (a) if it is stamped within thirty days after it has been first received in Malaysia, on payment in addition to the stamp duty of a penalty of ten ringgit or of the amount of the deficient duty, whichever penalty is the greater; or (b) if it is stamped after the expiration of thirty days after it has been received in Malaysia, on payment in addition to the stamp duty of a penalty of twenty-five ringgit or four times the amount of the deficient duty, whichever penalty is the greater. (6) The Collector may reduce or remit any penalty prescribed by this section.

Read this section in the full act → · Open Part VI →

Find Act 378 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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