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19.   Penalty upon stamping instruments after execution

Revised Laws of Saint Lucia (2021)

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19.   Penalty upon stamping instruments after execution

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    (1)   Except where otherwise provided in this Act, any unstamped or insufficiently stamped instrument may be stamped by the Director of Finance and Planning after the execution thereof in manner hereinafter provided.

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    (2)   In the case of an instrument executed in Saint Lucia—

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      (a)     in the first month after its first execution—on payment of the unpaid stamp duty. However, it is not lawful for the Director of Finance and Planning to stamp any promissory note except within 14 days after its first execution; unless in the case of promissory notes executed after 31 December 1917;

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      (b)     in the second and third months after its first execution, if the unpaid stamp duty does not exceed $1.20—on payment of the unpaid stamp duty and a penalty of $1.20; if the unpaid stamp duty exceeds $1.20 but does not exceed $50,—on payment of the unpaid stamp duty and a penalty equal to the amount of the unpaid stamp duty; if the unpaid stamp duty exceeds $50,—on payment of the stamp duty and a penalty of $50 and a further penalty of $0.25 cents for every $5 or part of $5 of the unpaid stamp duty exceeding $50;

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      (c)     in the fourth, fifth and sixth months after its first execution—on payment of the unpaid stamp duty and double the respective penalties aforesaid;

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      (d)     after 6 months have elapsed since its first execution— on payment of the unpaid stamp duty and the respective penalties in the foregoing paragraph (b) in respect of each period or part of a period of 3 months elapsing after the first execution of the said instrument.

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    (3)   The payment of any of the above penalties shall be denoted on the instrument by a stamp or stamps across the face of which the Director of Finance and Planning shall write the word “Penalty.”

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    (4)   Any general provision prohibiting the stamping of an instrument after the execution thereof or after any limited time shall be taken to relate to an instrument executed in Saint Lucia and shall not operate so as to prevent the stamping under this section of an instrument executed out of Saint Lucia.

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    (5)   Any unstamped or insufficiently stamped instrument which has been first executed at any place out of Saint Lucia, shall in relation to stamp duty be deemed to have been first executed on the date of its first receipt in Saint Lucia. However, a power of attorney wholly or partly executed out of Saint Lucia may be stamped, without any penalty, at any time before it is annexed to, or deposited among, the minutes of a notary, or is registered or acted upon.

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    (6)   The Director of Finance and Planning, with the approval of the Governor General may at any time after the first execution of any instrument, mitigate or remit any penalty payable on stamping.

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    (7)   The original of any notarial instrument executed before 1 January 1918 may, however, be stamped at any time without payment of any penalty.

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    (8)   A penalty is not payable on stamping with the duty chargeable on the original, the copy or extract of a notarial instrument presented for registration, the original whereof is not produced for inspection as prescribed by section 20.

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