Section 4A
Section 4A
Any instrument executed outside Malaysia and purporting to effect a transfer of any immovable property, or of any movable property other than debentures issued by, or shares in, a company, shall, if the property intended to be transferred is situated in any part of Malaysia, be chargeable with stamp duty in accordance with the
22 Laws of Malaysia ACT 378
First Schedule, and unless the instrument of transfer, or a counterpart or duplicate thereof which shall be chargeable with the like duty as if it were the original, is brought into Malaysia and the proper stamp duty payable thereon as if the original had been executed in Malaysia is paid, the transfer shall not take effect.
(2)
Where any instrument executed outside Malaysia and purporting to effect a transfer of debentures issued by, or shares in, a company incorporated in Malaysia under section 16 of the
*Companies Act 1965 [Act 125] or a foreign company registered in
Malaysia under section 332 of that Act is produced or delivered to the company for registration, in the case of a company incorporated in
Malaysia, in a register of debenture holders or a register of members of the company kept in Malaysia in pursuance of section 70 or 158 of that Act or, in the case of a foreign company, in a branch register of the foreign company kept in Malaysia in pursuance of section 342 of that Act, the company or foreign company shall, unless the instrument of transfer bears a stamp, duly cancelled in accordance with this Act, showing—
(a)
that the proper stamp duty has been paid thereon in accordance with the First Schedule; or
(b)
such other evidence of payment of the proper stamp duty as this Act may allow, refuse to register the transfer and the transfer shall not take effect.
(3)
Where any instrument of transfer of any of the descriptions mentioned in subsection (2) is registered otherwise than in accordance with that subsection, the company or foreign company and the officer of the company or foreign company responsible for making the entry in the register shall be liable to a fine **of not less than one thousand ringgit and not exceeding ten thousand ringgit.
(4)
In this section—
*NOTE—The Companies Act 1965 [Act 125] has been repealed by the Companies Act 2016 [Act 777]
—see section 620 of Act 777.
**NOTE—Previously “not exceeding two hundred and fifty ringgit”–see section 15 of Measures for the
Collection, Administration and Enforcement of Tax Act 2025 [Act 875].
Stamp 23
(a)
(Omitted);
(b)
expressions which are defined in the *Companies Act 1965
shall have the same meaning as in that Act.
Payment of Duty