Insolvency Act · 2022 Revised Edition · Chapter VIII
167. Documents exempt from stamp duty
Official textFrom Attorney General's Chambers, unchanged
In the case of a winding up by the Court, or of a creditors’
Court
“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
voluntary winding up, subsection (2) applies as regards exemption from duties chargeable under the laws relating to stamp duties.
The following documents are exempt from stamp duty —
every assurance relating solely to freehold or leasehold property, or to any estate, right or interest in, any real or personal property, which forms part of the company’s assets and which, after the execution of the assurance, either at law or in equity, is or remains part of those assets; and
every writ, order, certificate, or other instrument or writing relating solely to the property of a company which is being wound up as mentioned in subsection (1), or to any proceeding under such a winding up.
In this section, “assurance” includes deed, conveyance, assignment and surrender.
Terms defined in s 3
company
Defined · s 3“company” means a company incorporated or registered under the Companies Act;
Court
Defined · s 3“Court”, in relation to a company, means a court having jurisdiction to wind up the company;
property
Defined · s 3“property”, in relation to a company, includes money, goods, things in action and every description of property, whether real or personal, and whether in Brunei Darussalam or elsewhere, and also obligations and every description of interest whether present or future or vested or contingent arising out of, or incidental to, property.
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