STAMP DUTIES: SUBSIDIARY LEGISLATION
STAMP DUTIES (METHOD OF PAYMENT) REGULATIONS
under s. 7
G.N. 28/1971
44/1984
These Regulations may be cited as the Stamp Duties (Method of Payment) Regulations.
G.N. 44/1984
2. Use of adhesive postage stamps
Any stamp duties of an amount not exceeding K2.00 upon instruments which are permitted by law to be denoted by adhesive stamps may be denoted by adhesive postage stamps issued under the Posts and Telegraphs Act.
NOTICE OF EXEMPTION
under s. 88 (2)
G.N. 174/1969
197/1969
147/1973
10/1995
The Minister has directed that the following classes of instrument shall be exempt from stamp duty—
(a) all licences for the occupation of land issued by the Minister under the powers conferred upon him by section 5 of the Land Act (Cap. 57:01) in connexion with agricultural settlement and resettlement in any part of Malawi;
(b) any instrument whereby any advance to a local authority from the Local Authorities Loans Fund under the Local Authorities’ Loans Fund Act, 1971, is acknowledged or secured;
(c) any instrument whereby any security for any such advance is released or the repayment of any such advance is acknowledged; or
(d) any instrument whereby any property, whether real or personal, is conveyed by way of security for any such advance or reconveyed upon the repayment thereof.
N.B. The exemption has application in respect of instruments referred to in paragraph (a) with effect from 16th May, 1969, and in respect of instruments referred to in paragraphs (b), (c) and (d) from 31st December, 1971.
NOTICE OF EXEMPTION
under s. 88 (2)
The Minister has directed that the following classes of instrument shall be exempt from stamp duty—
(a) the Trust Deed dated 21st April, 1977, made between Dwangwa Sugar Corporation Limited and National Bank of Malawi creating a legal mortgage and floating charge in favour of National Bank of Malawi as trustee;
(b) each and every debenture issued or to be issued pursuant to the said Trust Deed.
NOTICE OF EXEMPTION
under s. 88 (2)
G.N. 10/1995
This Notice may be cited as the Stamp Duties (Exemption) Notice.
2. Exemption of certain instruments from stamp duty
The following instruments required or necessary to effect the restructuring of Malawi Railways Limited shall be exempt from stamp duty—
(a) any instrument relating to the incorporation of Malawi Railways (1994) Limited and Malawi Lake Services Limited under the Companies Act;
(b) any instrument relating to the transfer of movable and immovable property by Malawi Railways Limited to the Government;
(c) any instrument relating to the transfer of movable and immovable property by the Government to Malawi Railways (1994) Limited and Malawi Lake Services Limited; and
(d) any instrument relating to the discharge of any security issued by Malawi Railways Limited directly or indirectly in favour of the Government.
G.N. 240/1969 29/1969
STAMP DUTIES (LICENSING, CONTROL AND USE OF STAMP FRANKING MACHINES) REGULATIONS
under s. 89
These Regulations may be cited as the Stamp Duties (Licensing, Control and Use of Stamp Franking Machines) Regulations.
2. Use of stamp franking machine without licence prohibited
No stamp franking machine shall be used by any person for the purposes of the Act without a licence for its use having been obtained from the Registrar General who is hereby authorized to issue licences under these Regulations.
Application for a licence to use a stamp franking machine shall be made in writing and addressed to the Registrar General, P.O. Box 100, Victoria Avenue, Blantyre.
A licence to use a stamp franking machine shall be in the form in the Schedule hereto.
Where a licence for the use of a stamp franking machine has been granted and is in force such machine shall not be used for denoting payment of stamp duty on any documents save the following—
(a) Bankers’ Stop Orders
(b) Bills of Exchange
(c) Bankers’ Drafts
(d) Pledge of Policy of Assurance or Insurance
(e) Promissory Notes
(f) Security, Pledge, Suretyship, Indemnity or Guarantee.
SCHEDULE
This licence grants permission to ……………………………… to use a stamp franking machine, number ……………………………….. of the type known as ………………………………………. for the purpose of making impressions to denote the payment of stamp duty chargeable upon the following documents and no others.
CONDITIONS
1. The machine shall be presented for setting at the office of the Registrar General, Victoria Avenue, Blantyre.
2. The seal shall not be broken nor the machine in any way interfered with except by an authorized officer of the Ministry of Finance or the Department of the Registrar General. In the event of the machine becoming out of order its use shall be discontinued forthwith and the Registrar General shall be…
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