Instruments
Under section 59 of the Duties Act 1997, duty of $10 ($50 if first executed on or after 1 January 2009) is chargeable in respect of an instrument that effects or evidences a dutiable transaction and which:
a) amends, varies or replaces an instrument that establishes or governs a managed investment scheme, and
b) does not transfer, or have the effect of transferring, any dutiable property to a person who does not hold units in the scheme, and
c) does not have the effect of reducing the number of persons who hold units in the scheme.
Documentation to be submitted with the transfer at the time of stamping: Copy or certified copy of original stamped instrument and a statutory declaration from either:
a) the responsible entity or the solicitor for the responsible entity, or
b) the manager or trustee or solicitor of a public unit trust scheme, stating:
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(i) that the instrument satisfies the above criteria, and
(ii) if the scheme is a registered managed investment scheme - the name and ARSN of that scheme and confirmation that such scheme is the same as the scheme referred to in the earlier instrument.
