Stamp duty on share certificates

Others 4457 views 12 replies

Hi everyone,

Can someone share his/her views on applicability of stamp duty on issue of duplicate share certificates? Suppose one is a listed company. It needs to issue duplicate share certificates based on various requests of its shareholders. Whether on such duplicate share certificates it needs to affix stamps?

Replies (12)

no, stamp duty need not to be paid on issue of duplicate share certificate.

 

There is no need to pay stamp duty on duplicate share certificate, only need to mention on the duplicate share certificate has "issued in lieu of share certificate no.____".

 

Thanks for your replies. Can you support your view with some legal backing, reference etc.

HI..Can anyone please let me know by when & at what rate is the stamp duty on buy sell of shares (demat), needs to be paid/deposited/submitted?? kindly reply on khushboo.sh @ gmail.com

Dear Sir,
 

Stamp duty may be payable on duplicate share certificates also. Pl check Stamp Act of the concerned State.

For example---For the State of Maharashtra you may refer Entry No.27 of Schedule-I to Bombay Stamp Act 1958 according to which duty is payable as under:

"COUNTERPART OR DUPLICATE of any instrument chargeable with duty and in respect of which the proper duty has been paid :

 

The same duty as is payable on the original, subject to a maximum of rupees one hundred."

In this regard other states stamp laws may also contain provisions for double duty.

I think you should go for some proper legal opinion.

 

Regards

As stamps were affixed on the original share certificate accordingly on issuance of Duplicate share certificate stamp duty is required to be paid...

 

 

 

Yes, Stamp duty is payable in case of duplicate share certificates. As per  Rajasthan Stamp Act that is applicable in my case. It says -

 

Counterpart or duplicate on any
instrument chargeable with duty and
in respect of which the proper duty
has been paid, --

 

(a) if the duty with which the original

                                                      The same duty as is            
instrument is chargeable does not            payable on the original 
exceed three rupees;

 

 

(b) in any other case.                                        Ten rupees.
 

 

 

 

Neha Jain

So we can say that nothing is conclusive in company law. Before going ahead it is better to do some homework like Google search, Discuss the matter within your professional circle etc.

Finally you may also go for some expert advice.

 

Regards

Knowledge sharing is just like brushing teeth daily, it has to be regular, constant and daily exercise since it keeps on changing day by day so we have to stay updated, informed and well versed.

Originally posted by : Neha Jain

Knowledge sharing is just like brushing teeth daily, it has to be regular, constant and daily exercise since it keeps on changing day by day so we have to stay updated, informed and well versed.


Absolutely true words....no doubt...

Thanks for your inputs. Just one more question.. whether affixation of revenue stamp(s) on duplicate share certificates would suffice the requirement?

Affixation of revenue stamp(s) on duplicate share certificates will be fine.


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