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Obligation to execute contract note. 78.(1) Any person who effects any sale or purchase of any stock or marketable security of [a value exceeding #100] as a broker or agent, and any person who by way of business deals, or holds himself out as dealing, as a principal in any stock or marketable security, and buys or sells any such stock or marketable security of [a value exceeding #100], shall forthwith make and execute a contract note, and transmit the note to his principal, or to the vendor or purchaser of the stock or marketable security, as the case may be, and in default of so doing shall incur a fine of twenty pounds: Provided that this section shall not apply in the case of transactions carried out in the course of their ordinary business relations between members of stock exchanges in the United Kingdom. (2) If any person makes or executes any contract note chargeable with duty not being duly stamped, he shall incur a fine of twenty pounds. (3) No broker, agent, or other person shall have any legal claim to any charge for brokerage, commission, or agency, with reference to the sale or purchase of any stock or marketable security of [a value exceeding #100], if he fails to comply with the provisions of this section. (4) All stamp duties on a contract note are to be denoted [either by an impressed stamp or] by an adhesive stamp appropriated to a contract note, [and any such adhesive stamp] is to be effectively cancelled by the person by whom the note is executed by writing on or across the stamp his name or initials, or the name or initials of his firm, together with the true date of his so writing. (5) Any stamp duty on a contract note may be added to the charge for brokerage or agency, and shall be recoverable as part of such charge.
© 1909 Crown Copyright
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