fullscreen: Secretarial practice

STAMP DUTIES 
377 
register the transfer until it bears the adjudication stamp, 
or an indication showing that the Commissioners of Inland 
Revenue have been satisfied is produced by the words 
Transfer passed for 10s.,’” with the signature of an officer of 
the Commissioners, and the stamp of his office, appearing 
upon a written explanation furnished to that officer which 
should be retained. If the information is furnished to the 
registering officer and is to the effect that the transfer was 
made by way of security for a loan, or on a re-transfer on 
repayment of a loan, or to mere nominees of the transferor 
where no beneficial interest passed, he should ask for a 
certificate setting forth the facts, and signed by the parties, 
or by the agent of one or both, being a solicitor or a member 
of a stock exchange, or a banker. 
In the case of a transfer to or by a bank, or its official 
nominee, a certificate signed by the proper representative 
of the bank to the effect that ‘the transfer is excepted from 
5. 74 of the Finance (19og-10) Act, 1910, and is duly stamped’ 
may be regarded as sufficient. 
Although there is not any provision affecting the secretary 
of a company, it is considered that the fact that the stamp 
on a transfer is 10s. only is not to be regarded as necessarily 
implying notice of a trust, and reference may be made to 
s. 112 of the Law of Property Act, 1925, relating to the position 
of a purchaser in this matter. This section provides that 
where on a transfer of a mortgage the stamp duty if payable 
according to the amount of the debt transferred would 
exceed the sum of 10s., a purchaser shall not by reason only 
of the transfer bearing a 10s. stamp be deemed to have or 
have had any notice of a trust. 
I'he secretary of a company carrying on the business of 
life insurance should take care that no payment is made to 
the assignee of a life policy unless the assignment is duly 
stamped, as if such a payment is made, the duty not paid, 
together with the penalty payable on stamping, becomes 
under s. 118 of the Act of 1891 a debt due from the company to 
the Crown. 
5. 42 of the Companies Act, 1929, requires that the com- 
pany shall deliver to the Registrar of Companies for regis- 
tration in the case of shares allotted as fully or partly paid up 
otherwise than in cash, a contract in writing constituting 
the title of the allottee to the allotment, together with any 
contract of sale or for services or other consideration in 
respect of which that allotment was made, such contract 
being duly stamped, or if the contract is not reduced to 
writing, the particulars of the contract stamped with the 
Shares 
Credited as 
Fully or 
Partly Paid.
	        
Waiting...

Note to user

Dear user,

In response to current developments in the web technology used by the Goobi viewer, the software no longer supports your browser.

Please use one of the following browsers to display this page correctly.

Thank you.