Instruments executed in Singapore
s 42
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 must be stamped before being executed.
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Instruments executed in Singapore
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 must be stamped before being executed.
Instruments executed outside Singapore
43. Every instrument chargeable with duty executed only outside Singapore may be stamped within 30 days after it has first been received in Singapore.
Transfers of shares
45.—(1) Transfers of shares must not be stamped until the numbers of the shares are entered. (2) The Commissioner may, if he or she 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.
Stamping of instruments after execution
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 of the instrument, 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. (2) The Commissioner may reduce or remit any penalty imposed under this section.[28/2010] (3) For the purposes of this section, an instrument is deemed to be unstamped or insufficiently stamped even though a stamp certificate is attached to the instrument 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 person.[37/2018]
Period of time for stamping to start on day after execution
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 is reckoned as starting on the day after the execution of the instrument by the person who first executed the instrument, unless otherwise stated in this Act.
Denoting penalty
48. The payment of any penalty prescribed under section 46 must be denoted —(a) by a receipt issued by the Commissioner; or (b) by notation on the stamp certificate relating to the instrument.[1/2013]
Persons liable to penalty
49. The person liable to any penalty under section 46 is the person by whom the duty is payable in accordance with Part 4.
Suit for recovery of duty, etc., by Commissioner
50.—(1) Despite 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 originating claim.[Act 25 of 2021 wef 01/04/2022] (2) The Commissioner may, in his or her own name, sue for any such duty or penalty and is entitled to all costs allowed by law against the person liable thereto. (3) The Commissioner may appear personally or by counsel in any suit instituted under this section. (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 the defendant is sufficient evidence of the amount so due and sufficient authority for the court to give judgment for that amount. (5) Any penalty required to be paid under this Act is recoverable as if it were duty due and payable under this Act and accordingly, section 6(4) of the Limitation Act 1959 does not apply to such penalty.
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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
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