Stamp Act · 2022 Revised Edition · Part · Offences and Penalties
56. Executing and signing documents not duly stamped
Official textFrom Attorney General's Chambers, unchanged
Any person who —
draws, makes, issues, endorses or transfers or signs otherwise than as a witness, or presents for acceptance or payment or accepts, pays or receives payment of or in any manner negotiates any bill of exchange, cheque or promissory note without the same being duly stamped; or
makes or executes any bill of lading or contract note without the same being duly stamped; or
executes, grants, issues or delivers out any document chargeable with duty as a letter of allotment, letter of renunciation, certificate or marketable security without the same being duly stamped, is guilty of an offence and liable on conviction to a fine of $500.
When any penalty has been paid in respect of any instrument under section 39, the amount of such penalty shall be allowed in reduction of the fine (if any) subsequently imposed under this section in respect of the same instrument upon the person who paid such penalty.
instrument
“instrument” includes every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded;
Stamp
Terms defined in s 2
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;
bill of lading
Defined · s 2“bill of lading” means any instrument signed by the owner of a vessel or his agent acknowledging the receipt of goods therein described and undertaking to deliver the same at a place and to a person therein mentioned or indicated or to order;
certificate
Defined · s 2“certificate” includes any document whatever being prima facie evidence of the title of any person as proprietor of or as having the beneficial interest in any share or shares or stock or debenture stock of any company or corporation where such person is registered in respect thereof in a register duly kept in Brunei Darussalam;
chargeable
Defined · s 2“chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and as applied to any other instrument chargeable under the law in force in Brunei Darussalam when such instrument was executed or, when several persons executed the instrument at different times, first executed;
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;
contract note
Defined · s 2“contract note” means the note sent by a broker or agent to his principal (except where such principal is acting as broker or agent for a principal) advising him of the sale or purchase of any stock or marketable security; and where a note advises the sale or purchase or more than one description of stock or marketable security, the note is deemed to be as many contract notes as there are descriptions of stock or security sold or purchased;
instrument
Defined · s 2“instrument” includes every document by which any right or liability is or purports to be created, transferred, limited, extended, extinguished or recorded;
marketable security
Defined · s 2“marketable security” means a security of such a description as to be capable of being sold or negotiated in open market in Brunei Darussalam;
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;