Stamp Act 1949 · Updated to 1 Jan 2026 · Part III · Provisions Applicable to Particular Instruments
17. How transfer for debts, stocks, securities, future payments and further consideration to be charged
Feedback & supportWhere any property is transferred—
property
“property” includes movable or immovable property and any estate or interest in any property movable or immovable, whether in Stamp 17 possession, reversion, remainder or contingency, and any debt, and anything in action, and any other right or interest in the nature of property which is capable of being disposed of and has a value in it;
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in consideration, wholly or in part, of any debt or of any stock or marketable security; or
subject, either certainly or contingently, to the payment or transfer of any money or stock, whether being or constituting a charge or incumbrance upon the property or not, the instrument of transfer shall be chargeable with ad valorem duty calculated at the rates specified under Item 32(a), (aa) or (ab) in the
First Schedule upon either the value of the debt, stock or marketable security, as the case may be, or the market value of the property as on the date of execution, whichever be the greater.
Where the consideration, or any part of the consideration, for a transfer of property consists of any security other than a marketable security, the instrument of transfer shall be chargeable with ad valorem duty calculated at the rates specified under Item 32(a), (aa) or (ab) in the
marketable security
“marketable security” means a security of such a description as to be capable of being sold or negotiated in any stock market in Malaysia or elsewhere;
First Schedule upon either the amount due upon the security for principal and interest or, in the case of a security given under a scheme of financing made according to the syariah, any sum due and payable in addition to the principal, or upon the market value of the property as on the date of execution, whichever be the greater.
execution
“executed” and “execution”, used with reference to instruments not under seal, mean “signed” and “signature”;
A conveyance on sale made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration of a covenant by the purchaser to make, or of his having previously made, any substantial improvement of or addition to the property transferred to him or of any covenant relating to the subject-matter of the transfer, is not chargeable, and shall be deemed not to have been chargeable, with any duty in respect of such further consideration.
conveyance on sale
“conveyance on sale” includes every instrument and every decree or order of any Court, whereby any property, or any estate or interest in any property, upon the sale thereof is transferred to or vested in a purchaser or any other person on his behalf or by his direction;