Document Duty Ordinance, 2003

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The Document Duty Ordinance, 2003

THE STATES, in pursuance of their Resolution of the 25^th September, 2002[a], and in exercise of the powers conferred on them by sections 1 and 6 of the Document Duty (Guernsey) Law, 1973[b], section 1 of the Companies (Enabling Provisions) (Guernsey) Law, 1996[c], section 2 of the Alderney (Application of Legislation) Law, 1948[d], section 165 of and paragraph 11 of Schedule 6 to the Companies (Alderney) Law, 1994[e], and all other powers enabling them in that behalf, hereby order:-

Prescribed documents.

1. The categories and descriptions of documents enumerated and set out in column (1) of Schedule 1 to this Ordinance are hereby prescribed for the purposes of the Law of 1973.

Specified rates of document duty.

2. The amounts set out in, or calculated in accordance with, column (2) of Schedule 1 to this Ordinance are hereby specified for the purposes of the Law of 1973 as the rates of document duty payable, subject to section 3, in respect of the registration of any prescribed document of a category or description in relation to which any of those rates is so specified.

Exemptions and reductions.

3. (1) A prescribed document of title to -

(a) the States, or

(b) a Friendly Society,

is exempt from liability to the payment of document duty.

(2) Where a conveyance of realty is presented for registration, any ad valorem duty which would otherwise be payable in respect of the registration of that conveyance shall be reduced by 1.0% of the value of the transaction, or as the case may be of the realty, if the realty concerned is held in fee farm tenure, or if its tenure or location is such that the congé of Her Majesty's Receiver General would not have been required, or that no dues or fees would have been payable in connection with the obtaining or grant of that congé, prior to the commencement of section 1 of the Feudal Dues (General Abolition of Congé) (Guernsey) Law, 2002.

(3) Where, within one year and one day of the registration of any conveyance of realty, there is presented for registration a further conveyance of that same realty, any ad valorem document duty which would otherwise be payable in respect of the registration of that further conveyance shall be reduced by an amount equal to 2.0% of the value of the transaction, or as the case may be of the realty, on the basis of which document duty was paid in respect of the registration of the first-mentioned conveyance.

(4) For the avoidance of doubt, where a prescribed document is exempt from liability to the payment of document duty or is subject to reduced document duty by virtue of any of subsections (1) to (3) of this section, but also serves as a document which is not so exempt or subject, document duty shall be payable in respect of its registration, by reference to the part of the transaction to which the document relates which is not so exempt or subject, in accordance with the Law of 1973 and this Ordinance.

Minimum document duty in certain cases.

4. Subject to section 3, in respect of a prescribed document of a category and description enumerated and set out in item 2, 3 or 5 (b) in column (1) of Schedule 1 to this Ordinance -

(a) the document duty payable in respect of its registration shall not be less than the document duty calculated on an amount equal to 100 times the Annual Rental Value inscribed in the Cadastre in respect of the realty comprised in the transaction to which the prescribed document relates; and

(b) if the value of that realty as therein stated is less than 100 times the Annual Rental Value so inscribed, then the document shall also state that Annual Rental Value.

Interpretation.

5. (1) In this Ordinance, unless the context otherwise requires -

"dwelling" means any premises wholly or principally used for the purpose of human habitation, and includes a flat, and a dwelling in the course of construction;

"enactment" includes an Act of Parliament;

"flat" means any separate and self-contained premises constructed as a dwelling and forming part of a building from some other part of which it is divided horizontally;

"Friendly Society" means a society registered under an enactment relating to friendly societies and recognised by the Guernsey Financial Services Commission as being such a society;

"the Law of 1973" means the Document Duty (Guernsey) Law, 1973, as amended;

"registered" means registered on the Records of this Island;

other words and expressions have the same meaning as in the Law of 1973; and all related words and expressions are to be construed accordingly.

(2) Unless the context otherwise requires, a reference in this Ordinance to a numbered provision is to the provision so numbered in this Ordinance.

Transitional provisions.

6. (1) Where a conveyance of realty is presented for registration on or before the first anniversary of the commencement of the Feudal Dues (General Abolition of Congé) (Guernsey) Law, 2002[f], and a conveyance of that same realty was last so presented -

(a) within the preceding one year and one day, but

(b) prior to the commencement of that Law,

the reference in section 3(3) to "an amount equal to 2.0% of the value of the transaction, or as the case may be of the realty, on the basis of which document duty was paid in respect of the registration of the first-mentioned conveyance" shall be read as a reference to the amount of any fee then paid in connection with the grant or obtaining of the congé of Her Majesty's Receiver General.

(2) In a case to which section 3 (2) and section 3 (3) are both applicable the reference in section 3 (3) to "2.0%" shall be deemed to read "1.0%".

Application in Alderney.

7. (1) The Law of 1973 and this Ordinance shall have effect in the Island of Alderney subject to the exceptions, adaptations and modifications specified in this section.

(2) As respects the application of the Law of 1973 in Alderney -

(a) in place of "Her Majesty's Greffier" in sections 1 and 5 there is substituted "the Clerk of the Court of Alderney";

(b) "the Records of this Island" include the Register of Companies within the meaning of the Companies (Alderney) Law, 1994, and the Alderney Land Register kept under the Alderney Land and Property, etc. Law, 1949[g];

(i) references to "the Cadastre" are to the valuation carried out and maintained under the provisions of section 4 of the Alderney (Application of Legislation) Law, 1948;

(ii) "the States" means the States of Guernsey.

(3) As respects the application of this Ordinance in Alderney -

(a) section 3 (2), section 3 (3), and section 3 (4) so far as referable to those provisions, do not apply;

(b) section 6 does not apply.

Repeals.

8. The enactments listed in Schedule 2 are repealed.

Extent.

9. This Ordinance has effect in the Island of Guernsey, and, subject to the exceptions, adaptations and modifications specified in section 7, in the Island of Alderney.

Citation.

11. This Ordinance may be cited as the Document Duty Ordinance, 2003.

Commencement.

12. This Ordinance shall come into force in Guernsey and Alderney on the day on which the Feudal Dues (General Abolition of Congé) (Guernsey) Law, 2002 comes into force in Guernsey.

SCHEDULE

Sections 1 and 2

PRESCRIBED DOCUMENTS AND SPECIFIED RATES OF DOCUMENT DUTY

(1)		(2)
CATEGORY AND DESCRIPTION OF		SPECIFIED RATE OF
PRESCRIBED DOCUMENT		DOCUMENT DUTY
1.	Conveyance of realty other than a
	conveyance within item 2, 3, or 5:

	(a) where the realty is, or includes,	2.0% of the value of the transaction
	a dwelling and the value of the
	transaction does not exceed
	£150,000

	(b) where the realty is, or includes,	2.5% of the value of the transaction
	a dwelling and the value of the
	transaction exceeds £150,000 but
	does not exceed £250,000

	(c) where the realty does not	3.0% of the value of the transaction
	include a dwelling, and in any case
	where the value of the transaction
	exceeds £250,000
2.	Conveyance by way of gift inter vivos	3.0% of the value of the realty
	of realty
3.	Conveyance by way of Exchange of	1.0% of the value of the realty
	realty	acquired by each party, plus 2% of
		any further consideration given by
		either party
4.	Document, other than a will, creating,	£5.00
	transferring or extinguishing a life
	enjoyment or usufruct of realty
5.	Partage or Conveyance by way of
	Délaissance of realty -

	(a) between co-owners	£5.00

	(b) other than between co-owners	3.0% of the value of the realty
6.	Marriage contract	£5.00
7.	Amendment of a Conveyance of realty	3.0% of the increase in the value of
	involving an increase in the value of	the transaction
	the transaction
8.	Will of realty	£5.00
9.	Act of Court transferring realty by way	£5.00
	of "Retrait", "Saisie" or under any
	enactment for the time being in force
10.	Bond, debenture, acknowledgement of	0.5% of the sum secured
	debt
11.	Act of Court awarding priority on	0.5% of the value of the realty set
	realty	out in the Act of Court
12.	Memorandum of a Guernsey limited	£50, or 0.5% of the nominal capital
	liability company, other than a	of the company, up to a nominal
	company limited by guarantee	capital not exceeding £1,000,000,
		whichever is the greater
13.	(a) Special Resolution, or	0.5% of the increase in the nominal
	Resolution passed in General	capital of the company, up to a
	Meeting, of a Guernsey limited	nominal capital not exceeding
	liability company increasing the	£1,000,000
	nominal capital of the company

	(b) Special Resolution of a	£5.00
	Guernsey limited liability company
	other than one increasing the
	nominal capital of the company or
	increasing the maximum number of
	members of a company limited by
	guarantee
14.	Annual Return of a Guernsey limited	£100.00: except that no document
	liability company	duty is payable under this paragraph
		in the case of a company limited by
		guarantee -

		(i) which has been certified by
		the Guernsey Financial Services
		Commission as set out at item
		15 (c); and

		(ii) which continues to be a
		company the objects of which
		are exclusively for charitable,
		social, cultural, recreational or
		other purposes, in each case not
		involving any purpose of private
		gain or commercial undertaking;

		provided that there is submitted to
		the Greffier in lieu of the fee for the
		annual return a statement, executed
		for and in the name of the company,
		that the conditions of (a) and (b)
		above are satisfied in relation to the
		company
15.	As respects a Guernsey company
	limited by guarantee -
	(a) the company's memorandum,	The greater of £50, or 0.5% of the
	where paragraph (c) does not apply	sum of the following amounts, that
		is to say -

		(i) the amount of the nominal
		share capital of the company (in
		cases where the company has a
		share capital); and

		(ii) the total amount which
		(pursuant to the memorandum)
		the members of the company
		have collectively undertaken to
		contribute to the company's
		assets in accordance with section

		4(a)(i) of the Guarantee
		Companies Ordinance, 1997 in
		the event of the company being
		wound up;

		up to a maximum sum of
		£1,000,000.

	(b) a special resolution of the company	The difference between -
	increasing the maximum number of its
	members, where paragraph (c) does
	not apply
		(i) the amount of document duty
		which, were the company being
		incorporated, would be payable
		in accordance with the
		provisions of item (a) by
		reference to its membership as
		increased; and

	(ii) the amount of document duty
	which, were the company being
	incorporated, would be so payable
	by reference to its Membership
	immediately before the increase;

	and such additional duty shall be	(i) in the case of the registration
	payable upon delivery by the company	of the memorandum of the
	of the special resolution to the Greffier.	company, £50.00

		(ii) in the case of an increase in
		membership of the company,
		zero.
16.	Memorandum of an Alderney limited	£50, or 0.5% of the nominal capital
	liability company, other than a	of the company, up to a nominal
	company limited by guarantee or a	capital not exceeding £1,000,000
	company which can issue shares of no	whichever is the greater
	par value
17.	(a) Special Resolution, or	0.5% of the increase in the nominal
	Resolution passed in General	capital of the company, up to a
	Meeting, of an Alderney limited	nominal capital not exceeding
	liability company increasing the	£1,000,000
	nominal capital of the company
	(b) Special Resolution of an	£5.00
	Alderney limited liability company
	other than one increasing the
	nominal capital of the company or
	increasing the number of members
	of a company limited by guarantee
18.	Annual Return of an Alderney limited
	liability company	£100.00:
	As respects an Alderney company
	limited by guarantee -
19.	(a) the company's memorandum	The greater of £50 or 0.5% of the
		sum of the following amounts, that
		is to say -
		(i) the amount of the nominal
		share capital of the company (in
		cases where the company has a
		share capital); and
		(ii) the amount specified in the
		memorandum which each
		member has undertaken to
		contribute to the company's
		assets in accordance with
		paragraph 3(a)(i) of Schedule 6 to the Companies (Alderney)
		Law, 1994 in the event of the
		company being wound up,
		multiplied by the maximum
		number of members stated
		in the memorandum;
		up to a maximum sum of
		£1,000,000

	(b) a special resolution of the	The difference between -
	company increasing the maximum
	number of its members
		(i) the amount of document duty
		which, were the company being
		incorporated, would be payable
		in accordance with the
		provisions of item (a) by
		reference to its membership as increased; and
		(ii) the amount of document
		duty which, were the company
		being incorporated, would be so
		payable by reference to its
		Membership immediately before the increase;

		and such additional duty shall be
		payable upon delivery by the
		company of the special resolution to
		the Clerk of the Court of Alderney
20.	Memorandum of an Alderney company	The greater of £50 or (up to a
	which can issue shares of no par value	maximum sum of £1,000,000) 0.5%
		of the number of shares in the
		company multiplied by the
		consideration for each share (such
		consideration to be determined on
		the basis that the shares are to be
		issued by the company immediately
		after incorporation and to be
		calculated in accordance with the
		provisions of paragraph 5 of
		Schedule 7 to the Companies
		(Alderney) Law, 1994, the
		provisions of which shall apply
		accordingly with the omission of the
		words "otherwise than pursuant to
		paragraph 4"); and a copy of the
		certificate required to be signed
		under paragraph 5 (2) shall be
		delivered by the directors to the
		Clerk of the Court of Alderney who
		shall, as soon as is reasonably
		practicable, enter it in the Register
		of Companies.

SCHEDULE 2

Section 8

ENACTMENTS REPEALED

1. The Alderney (Application of Legislation) (Document Duty) Ordinance, 1973^[h].

2. The Document Duty Ordinance, 1992^[i].

3. The Document Duty (Amendment) Ordinance, 1995^[j].

4. The Document Duty (Amendment) Ordinance ,1997^[k].

5. The Document Duty (Amendment) Ordinance, 2000^[l].

6. The Document Duty (Amendment) Ordinance, 2002^[m].

[a]	On Article I of Billet d'État No. XX of 2002.
[b]	Ordres en Conseil Vol. XXIV, pp 74 and 236; Vol. XXV, p. 43; Order in Council No. XXVI of 2002; Recueil d'Ordonnances Tome XXVI, pp. 139 and 465; Ordinance No. IX of 1997; No. XXII of 2000; No. XXXVI of 2001.
[c]	Order in Council No. XII of 1996.
[d]	Ordres en Conseil Vol. XIII, p 448; Vol. XVI, pp 124 and 126; Vol. XXIV, p. 210; Vol. XXIX, p. 299; Vol. XXX, p. 224; Order in Council No. XVI of 1997.
[e]	Order in Council No. XXXIV of 1994: Schedule 6 was substituted by Ordinance of the States of Alderney No. III of 1995.
[f]	Order in Council No. XXVI of 2002.
[g]	Ordres en Conseil Vol. XIV, p. 67; Vol. XVI, p. 202; Vol. XXVIII, p. 576; Vol. XXIX, p. 156.
[h]	Recueil d'Ordonnances Tome XIX, p. 111.
[i]	Recueil d'Ordonnances Tome XXVI, p. 139.
[j]	Recueil d'Ordonnances Tome XXVI, p. 465.
[k]	Ordinance No. IX of 1997.
[l]	Ordinance No. XXII of 2000.
[m]	Ordinance No. XXXVI of 2002.