Stamp Duties Consolidation Act, 1999

PART 8

Companies Capital Duty

Interpretation (part 8).

[FA1973 s67]

114.—(1) In this Part, except where the context otherwise requires—

“capital company” means one of the following, namely—

(a) a company incorporated with limited liability, or a limited partnership formed under the law of the State or a company or partnership which is incorporated or formed in any other Member State and which, under the law of that State, corresponds to any such company or partnership,

(b) any other company, firm, association or legal person the shares in whose capital or assets can be dealt in on a stock exchange,

(c) any other company, firm, association or legal person operating for profit whose members have the right to dispose of their shares to third parties without prior authorisation and are responsible for the debts of the company, firm, association or legal person only to the extent of their shares;

“Member State” means a Member State of the European Community;

“registrar” means the registrar of companies within the meaning of the Companies Act, 1963 ;

“stamp duty” means the stamp duty imposed by section 116 ;

“statement” means the statement required to be delivered under section 117 (1);

“third country” means a State which is not a Member State;

“transaction” means a transaction to which section 116 (1) applies.

(2) In this Part, except where the context otherwise requires, reference to stamp duty paid means stamp duty paid to the Commissioners.