Stamp Act · 2022 Revised Edition · Part · Time of Stamping Instruments
36. Bills, cheques, or notes drawn out of Brunei Darussalam
Official textFrom Attorney General's Chambers, unchanged
The first holder in Brunei Darussalam of any bill of exchange, cheque or promissory note drawn or made out of Brunei Darussalam shall before he presents the same for acceptance or payment, or endorses, transfers or otherwise negotiates the same in Brunei Darussalam, affix thereto the proper stamp and cancel the same:
bill of exchange
“bill of exchange” includes draft, order and letter of credit, and any document or writing (except a bank note or cheque) entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money; and the expression “bill of exchange payable on demand” includes — (a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; and (b) an order for the payment of any sum of money weekly, monthly, or at any other stated periods, and also an order for the payment by any person at any time after the date thereof of any sum of money, and sent or delivered by the person making the same to the person by whom the payment is to be made, and not to the person to whom the payment is to be made, or to any person on his behalf;
Provided that —
if, at the time any such bill of exchange, cheque or note comes into the hands of any holder thereof in Brunei Darussalam, the proper adhesive stamp is affixed thereto and cancelled in the manner prescribed by section 4(4) and such holder has no reason to believe that such stamp was affixed or cancelled otherwise than by the person and at the time required by this Act, such stamp shall so far as relates to such holder be deemed to have been duly affixed and cancelled;
cheque
“cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand;
Stamp
nothing contained in this proviso shall relieve any person from any penalty incurred by him for omitting to affix or cancel a stamp.
Terms defined in this Act
bill of exchange
Defined · s 2“bill of exchange” includes draft, order and letter of credit, and any document or writing (except a bank note or cheque) entitling or purporting to entitle any person, whether named therein or not, to payment by any other person of, or to draw upon any other person for, any sum of money; and the expression “bill of exchange payable on demand” includes — (a) an order for the payment of any sum of money by a bill of exchange or promissory note, or for the delivery of any bill of exchange or promissory note in satisfaction of any sum of money, or for the payment of any sum of money out of any particular fund which may or may not be available, or upon any condition or contingency which may or may not be performed or happen; and (b) an order for the payment of any sum of money weekly, monthly, or at any other stated periods, and also an order for the payment by any person at any time after the date thereof of any sum of money, and sent or delivered by the person making the same to the person by whom the payment is to be made, and not to the person to whom the payment is to be made, or to any person on his behalf;
cheque
Defined · s 2“cheque” means a bill of exchange drawn on a specified banker and not expressed to be payable otherwise than on demand;
prescribed
Defined · s 82“prescribed” means prescribed by rules made by His Majesty the Sultan and Yang Di-Pertuan in Council under this Act;
promissory note
Defined · s 2“promissory note” includes any document or writing (except a bank note) containing a promise to pay any sum of money; a note promising the payment of any sum of money out of any particular fund which may or may not be available or upon any condition or contingency which may or may not be performed or happen is to be deemed a promissory note for that sum of money;
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Sale of Stamps and Allowance for Spoiled Stamps
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