Section 70 of Stamp Duty Act CAP 480: Security for future advances how to be charged

(1) A security for the payment or repayment of money to be lent, advanced or paid, or which may become due upon an account current, either with or without money previously due, shall be charged, where the total amount secured or to be ultimately recoverable is in any way limited, with the same duty as a security for the amount so limited.
(2) Where such total amount is unlimited, the security shall be available for such an amount only as the ad valorem duty impressed thereon extends to cover, but where any advance or loan is made in excess of the amount covered by that duty the security shall, for the purpose of stamp duty, be deemed to be a new and separate instrument bearing date on the day on which the advance or loan is made.
(3) Notwithstanding the foregoing provisions of this section, no money to be advanced for the insurance of any property comprised in the security against damage by fire, or for keeping up any policy of life insurance comprised in the security, or for effecting in lieu thereof any new policy, or for the renewal of any grant or lease of any property comprised in the security upon the dropping of any life whereon the property is held, shall be reckoned as forming part of the amount in respect whereof the security is chargeable with ad valorem duty.

More Sections

Section 71 - Partitions

(1) Every instrument and every decree or order of any court, whereby the co-owners of any property divide or agree to divide such property in severalty, shall be charged with duty as a partition. (2)...

Section 72 - Meaning of "policy of insurance"

For the purposes of this Act, "policy of insurance" includes any writing whereby a contract of insurance is made or agreed to be made, or is evidenced; and "insurance" includes assurance.

Section 73 - Meaning of "policy of marine insurance"

(1) For the purposes of this Act, "policy of marine insurance" means a policy within the meaning of the Marine Insurance Act (Cap. 390). (2) Where a person, in consideration of a sum of money paid or...

Section 75 - Continuation clause in policy of marine insurance

(1) A stamp duty of five shillings shall be charged on a policy of marine insurance containing a continuation clause, in addition to the stamp duty which is otherwise chargeable on the policy. (2) If...

Section 76 - Policy for voyage and time chargeable with two duties

Where any marine insurance is made for or upon a voyage and also for time, or to extend to or cover any time beyond thirty days after the ship shall have arrived at her destination and been there...

Section 77 - No policy valid unless duly stamped

A policy of marine insurance shall not be stamped at any time after it is signed or underwritten by any person, except in the two following cases— (a) a policy of mutual insurance having a stamp...

Section 78 - Stamping of policies of marine insurance which are subject to a contingent increase of premium

(1) Where the premium or consideration for a policy of marine insurance is expressed to be a sum not exceeding the rate of two shillings and fifty cents per centum of the sum insured, and is subject...

Section 79 - Legal alterations in policies may be made under certain restrictions

Nothing in this Act shall prohibit the making of any alteration which may lawfully be made in the terms and conditions of any policy of marine insurance after the policy has been underwritten,...

Section 80 - Stamping of policies of insurance on ships under construction, etc.

A policy of insurance made or purporting to be made upon or to cover any ship or vessel, or the machinery or fittings belonging to the ship or vessel, whilst under construction or repair or on trial,...

Section 81 - Penalty on assuring unless policy duly stamped

(1) If any person— (a) becomes an assurer upon any marine insurance, or enters into any contract for marine insurance, or directly or indirectly receives or contracts or takes credit in account for...

Section 82 - Meaning of "policy of life insurance" and "policy of insurance against accident"

(1) For the purposes of this Act, "policy of life insurance" means a policy of insurance upon any life or lives or upon any event or contingency relating to or depending upon any life or lives except...

Section 82A - Payment of stamp for "policy of life insurance" and "policy of insurance against accident"

For purposes of this Act, the stamp duty payable for "policy of life insurance" and "policy of insurance against accident" shall be payable monthly as an aggregate of all policies issued within the...

Section 83 - Employer’s indemnity insurance

The provisions of section 82 in reference to the expression "policy of insurance against accident" shall extend to and include policies of insurance or indemnity against liability incurred by...

Section 84 - Penalty for not making out policy or making, etc., any policy not duly stamped

Any person who— (a) receives, or takes credit for, any premium or consideration for any insurance and does not within three months after receiving, or taking credit for, the premium or consideration...

Section 85 - Assignment of policy of life insurance to be stamped before payment of money assured

(1) No assignment of a policy of life insurance shall confer on the assignee therein named, or his executors, administrators or assigns, any right to sue for the money assured or secured thereby, or...

Section 86 - Provisions as to duty upon receipts

For the purposes of this Act, "receipt" includes any note, memorandum or writing whereby any money amounting to one hundred shillings or upwards, or any bill of exchange, cheque or promissory note for...

Section 87 - Certain forms of receipts not dutiable

Neither the name of a banker (whether accompanied by words of receipt or not) within the ordinary course of his business as a banker upon a bill of exchange, cheque or promissory note duly stamped,...

Section 88 - Obligation to give receipt in certain cases, and penalty for offences in relation to receipts

(1) Any person receiving any money of one hundred shillings or upwards in amount, or any bill of exchange or promissory note for an amount of one hundred shillings or upwards, or receiving in...

Section 89 - As to settlement of policy or security

Where any money which may become due or payable upon a policy of life insurance, or upon a security, not being a marketable security, is settled or agreed to be settled, the instrument whereby the...

Section 90 - Settlements, when not to be charged as securities

An instrument chargeable with ad valorem duty as a settlement in respect of any money, stock or security shall not be charged with any further duty by reason of containing provision for the payment or...

Section 91 - Duty when settlement made in pursuance of agreement

Where a settlement is made in pursuance of a previous agreement upon which ad valorem settlement duty exceeding twenty shillings has been paid in respect of any property, the settlement shall not be...

Section 92 - Penalty for issuing share warrant not duly stamped

If a share warrant, or any instrument to bearer issued by or on behalf of any company or body of persons formed or established in Kenya and having the same effect as a share warrant, or any stock...

Section 93 - Meaning of "stock certificate to bearer"

For the purposes of this Act, "stock certificate to bearer" includes a stock certificate to bearer issued after the commencement of this Act under the Companies Act (Cap. 486) or any other written law...

Section 94 - Penalty for issuing stock certificate unstamped

(1) Where the holder of a stock certificate to bearer or an instrument to bearer chargeable as a stock certificate to bearer has been entered on the register of a local authority, or any corporation...

Section 95 - Reconstruction or amalgamation of companies

(1) If in connexion with a scheme for the reconstruction of a company or companies or the amalgamation of any companies it is shown to the satisfaction of a collector that there exist the following...

Section 96 - Transfers between associated companies

(1) Stamp duty under the heading Conveyance or Transfer on sale in the Schedule shall not be chargeable on an instrument to which this section applies. (2) No instrument to which this section applies...

Section 96A - Exemption of stamp duty on the transfers relating to real estate investment trust

(1) This section applies only to real estate investments trusts authorized under the Capital Markets Act (Cap. 485A), in respect of which it is shown to the collector — (a) that the effect thereof is...

Section 96B - Exemption from payment of stamp duty on transfer of title relating to Sukuk arrangement

(1) A Sukuk arrangement shall be exempt from stamp duty where the arrangement requires the transfer of title in an asset if— (a) at the beginning of the arrangement, the title shall be transferred...

Section 97 - Exemption of building societies’ documents from stamp duty

Notwithstanding anything contained in this Act, no rules of a building society registered under the Building Societies Act (Cap. 489) (hereinafter referred to as a building society), nor any copy...

Section 98 - Allowance for spoiled stamps

Subject to the provisions of section 99, and of any regulations made under this Act, and to the production of such evidence by statutory declaration or otherwise as the collector may require,...

Section 99 - Conditions upon which applications under section 98 shall be granted

No application for relief under section 98 shall be granted— (a) unless the application is made within ninety days after the stamp has been spoiled or become useless or, in the case of an executed...

Section 100 - Allowance for misused stamps

Where a person has inadvertently used for an instrument liable to duty a stamp of sufficient amount but of improper description, or a stamp of greater value than was necessary, or has inadvertently...

Section 101 - Allowance for spoiled or misused stamps, how to be made

In any case in which allowance is made for spoiled or misused stamps, the collector may give in lieu thereof— (a) other stamps of the same description and value; or (b) if required, and he thinks...

Section 102 - Allowance for stamps not required for use

Where a person is possessed of a stamp or stamps which have not been spoiled or rendered unfit or useless for the purpose intended, but for which he has no immediate use, a collector shall repay to...

Section 103 - As to discontinuance of dies

(1) Whenever the Senior Collector of Stamp Duties determines to discontinue the use of any die and provides a new die to be used in lieu thereof and gives public notice thereof in the Gazette, then...

Section 104 - Conditions and agreements as to duty void

Any condition of sale framed with the view to precluding objection or requisition upon the ground of absence or insufficiency of stamp upon any instrument executed after the commencement of this Act,...

Section 105 - Compounding duty on cheques

(1) The Senior Collector of Stamp Duties may enter into an agreement with any banker for the composition of the stamp duty on unstamped cheques on the following conditions— (a) that the cheques shall...

Section 106 - Power to exempt instruments

(1) The Cabinet Secretary may on the recommendation of the Cabinet Secretary for the time being responsible for matters relating to land, by notice in the Gazette, direct that any instrument or any...

Section 107 - Registers, books, etc., to be open to inspection

Any officer or servant of a public body having in his custody any registers, books, records, papers, documents or proceedings, the inspection whereof may tend to secure any duty, or to prove or lead...

Section 108 - Penalty for enrolling, etc., instrument not duly stamped

If any person, whose office it is to enrol, register or enter in or upon any rolls, books or records any instrument chargeable with duty, enrols, registers or enters any such instrument not being duly...

Section 109 - Responsibility for loss of or damage to instrument

(1) If any instrument sent to a collector under subsection (3) of section 19 is lost, destroyed or damaged during transmission, the person sending it shall not be liable for the loss, destruction or...

Section 110 - Collector may administer oaths

A Collector may administer any oath or affirmation which may be necessary for the purposes of this Act.

Section 111 - Penalty for not drawing full number of bills or marine policies purporting to be in sets

Any person drawing or executing a bill of exchange or a policy of marine insurance purporting to be drawn or executed in a set of two or more and not at the same time drawing or executing, on paper...

Section 112 - Penalty for postdating bills and for other devices to defraud the revenue

Any person who - (a) with intent to defraud the Government of duty, draws, makes or issues a bill of exchange or promissory note, bearing a date subsequent to that on which the bill or note is...

Section 113 - Penalty for frauds in relation to stamp duties

(1) Any person who practises or is concerned in any fraudulent act, contrivance or device, not specially provided for by any written law, with intent to defraud the Government of any stamp duty or...

Section 114 - Liability in the case of corporate bodies and firms

(1) Where any obligation or liability is under the provisions of this Act imposed upon a corporate body and the obligation or liability is not discharged, every director, manager, secretary and other...

Section 115 - Search

(1) If it appears to a magistrate upon the oath of any person that there is reason to believe that there are or may be upon or in the possession or under the control of any person, or on any premises,...

Section 116 - Power to reward informers

The Senior Collector of Stamp Duties may reward any person who informs a collector of an offence under this Act or assists in the recovery of any fine or penalty, but a reward exceeding ten thousand...

Section 117 - Exemptions from stamp duty

(1) There shall be exempt from stamp duty under this Act— (a) an instrument executed by or on behalf of or in favour of the Government in any case in which, but for this exemption, the Government...

Section 118 - Expenses

There shall be defrayed out of moneys provided by Parliament administrative expenses incurred by the Cabinet Secretary or by any other Cabinet Secretary under this Act.

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