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Section 81 of Stamp Duty Act CAP 480: 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 any premium or consideration for any marine insurance, or knowingly takes upon himself any risk, or...

Section 82 of Stamp Duty Act CAP 480: 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 a policy of insurance against accident; and "policy of insurance against accident" means a policy of...

Section 82A of Stamp Duty Act CAP 480: 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 month.

Section 83 of Stamp Duty Act CAP 480: 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 employers in consequence of claims made upon them by workmen who have sustained personal injury when the...

Section 84 of Stamp Duty Act CAP 480: 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 make out and execute a duly stamped policy of insurance; or (b) makes, executes or delivers out, or...

Section 85 of Stamp Duty Act CAP 480: 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 to give a valid discharge therefor, or any part thereof, unless the assignment is duly stamped, and...

Section 86 of Stamp Duty Act CAP 480: 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 money amounting to one hundred shillings or upwards, is acknowledged or expressed to have...

Section 87 of Stamp Duty Act CAP 480: 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, nor the name of a payee written upon a draft or order, if payable to order, shall constitute a receipt...

Section 88 of Stamp Duty Act CAP 480: 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 satisfaction or part satisfaction of a debt any movable property of one hundred shillings or upwards in...

Section 89 of Stamp Duty Act CAP 480: 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 settlement is made or agreed to be made shall be charged with ad valorem duty in respect of that...

Section 90 of Stamp Duty Act CAP 480: 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 transfer of the money, stock or security, or by reason of containing, where the money, stock or...

Section 91 of Stamp Duty Act CAP 480: 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 charged with ad valorem duty in respect of the same property, but shall be charged with the duty of...

Section 92 of Stamp Duty Act CAP 480: 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 certificate to bearer, is issued without being duly stamped, the company issuing it shall be guilty of...

Section 93 of Stamp Duty Act CAP 480: 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 authorizing the creation of debenture stock, corporation stock, municipal stock or funded debt by...

Section 94 of Stamp Duty Act CAP 480: 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 or company or body of persons formed or established in Kenya, as owner of the share or stock...

Section 95 of Stamp Duty Act CAP 480: 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 conditions— (a) that a company with limited liability is to be registered, or that since 29th...

Section 96 of Stamp Duty Act CAP 480: 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 shall be deemed to be duly stamped unless— (a) it is stamped with the duty to which it would, but...

Section 96A of Stamp Duty Act CAP 480: 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 to convey or transfer a beneficial interest in property from one trustee to another trustee or to...

Section 96B of Stamp Duty Act CAP 480: 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 from the original owner of the asset to the entity representing the interests of the Sukuk holders;...

Section 97 of Stamp Duty Act CAP 480: 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 thereof nor any receipt, nor any entry in any book of receipt for money deposited in the funds of a...

Section 98 of Stamp Duty Act CAP 480: 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, allowance shall be made by a collector for stamps spoiled in the following cases— (a) the stamp on any...

Section 99 of Stamp Duty Act CAP 480: 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 instrument, after the date of the instrument or, if it is not dated, within two years after the...

Section 100 of Stamp Duty Act CAP 480: 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 used a stamp for an instrument not liable to any duty, a collector may, on application made within one...

Section 101 of Stamp Duty Act CAP 480: 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 fit, stamps of any other description to the same amount in value; or (c) at his discretion, the value...

Section 102 of Stamp Duty Act CAP 480: 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 that person the value of the stamp or stamps in money, deducting twenty-five cents for each shilling...

Section 103 of Stamp Duty Act CAP 480: 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 from and after any day to be stated in the notice (that day not being within one month after the...

Section 104 of Stamp Duty Act CAP 480: 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, and any contract, arrangement, or undertaking for assuming the liability on account of absence or...

Section 105 of Stamp Duty Act CAP 480: 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 be drawn and issued on forms to be supplied or adopted by the banker; (b) that the banker shall...

Section 106 of Stamp Duty Act CAP 480: 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 class of instruments shall be exempted from the provisions of this Act if he is satisfied that it is...

Section 107 of Stamp Duty Act CAP 480: 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 to the discovery of any fraud or omission in relation to any duty, shall at all reasonable times...