Notis Pemberitahu” of 10-5-2012 from PTG

To Perak Bar Members, Re : “Notis Pemberitahu” of 10-5-2012 from PTG Requirement (i) – original Sijil Setem Upon being made aware of the above Notis (attached herewith), the Conveyancing Sub-committee has met the LHDN and Puan Rosziana (Timbalan Pendaftar PTG) yesterday and this morning urgently to explain to the PTG that their requirement (i) in the said Notice is impossible of compliance. We had offered them a couple of alternatives as to how PTG could ascertain that ad valorem stamp duty had indeed been paid on the principal instrument – to which Puan Rosziana is receptive but requires further discussion at their internal meeting. In the meantime, the following has been agreed between us and PTG :- i. PTG will NOT reject subsidiary instruments (eg : Charge) presented from 14-5-2012 without the principal instrument’s original Sijil Setem, but will instead suspend those instruments, pending their decision on whether to accept the alternatives suggested by us ; In case any member has instruments rejected for this reason (as well as members who have had instruments rejected today), you are to bring it to the attention of Puan Rosziana, who will direct the PTG staff to accept the documents which will however be suspended as aforesaid. Puan Rosziana has agreed that PTG will discuss this matter urgently within the next week and will revert within next week. Pending their decision, Members may wish to withhold presentation of affected instruments (except in cases of urgency in which case the instruments will be suspended as aforesaid). Requirement (ii) PTG had clarified that this does NOT mean FAs may not be stamped ad valorem, but merely that the Charge/subsidiary instrument (in cases of manual franking) must be endorsed. Therefore this 2nd requirement is a non-issue.