Stamp Duty Act Cap 480 in Kenya

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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...

Section 108 of Stamp Duty Act CAP 480: 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 stamped, he shall be guilty of an offence and liable to a fine not exceeding five hundred...

Section 109 of Stamp Duty Act CAP 480: 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 damage. (2) When any instrument is about to be sent, the person from whose possession it came into...

Section 110 of Stamp Duty Act CAP 480: Collector may administer oaths

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

Section 111 of Stamp Duty Act CAP 480: 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 duly stamped, the whole number of bills or policies of which the bill or policy purports the set to...

Section 112 of Stamp Duty Act CAP 480: 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 actually drawn or made; or (b) knowing that the bill or note has been so post-dated, endorses, transfers...

Section 113 of Stamp Duty Act CAP 480: 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 penalty shall be guilty of an offence and liable to imprisonment for a term not exceeding one year or...

Section 114 of Stamp Duty Act CAP 480: 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 officer of the corporate body who is wilfully a party to the default, and the corporate body, shall...

Section 115 of Stamp Duty Act CAP 480: 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, any books of account or other instruments whatsoever of which any of the contents may tend to show...

Section 116 of Stamp Duty Act CAP 480: 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 shillings shall not be paid in any case without the consent of the Treasury.

Section 117 of Stamp Duty Act CAP 480: 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 would be liable to pay the duty; (b) a bill of exchange, cheque or promissory note drawn or made in...

Section 118 of Stamp Duty Act CAP 480: 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.

Section 119 of Stamp Duty Act CAP 480: Regulations

The Cabinet Secretary may make regulations as may appear to him to be necessary or expedient for the proper carrying out of the intent and provisions of this Act, and, without prejudice to the generality of the foregoing, may make regulations respecting— (a) the supply and sale of stamps and...