Stamp Duty Consolidation Act, 1999 (Number 31 of 1999)
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78H. Obligations and penalties
(1) Where a transfer order, or a deemed transfer order, effects a transfer of an interest in securities, a CSD, a transferee or a person acting on a transferee’s behalf in relation to the transfer of the interest in securities, as the case may be, shall—
(a) retain evidence in legible written form, or readily convertible into such a form, in sufficient detail to establish the amount of duty, if any, with which the transfer order or deemed transfer order was chargeable,
(b) retain the evidence referred to in paragraph (a) for a period of 6 years from the date on which the transfer order or deemed transfer order was executed, and
(c) make any such evidence available to the Commissioners on request.
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(1A) Where—
(a) an agreement referred to in section 78E(2) is in force between the Commissioners and an operator in relation to the payment of stamp duty, and
(b) there is a transfer of an interest in securities in the system that is the subject of the agreement concerned,
subsection (1) shall apply only to the person who enters, or causes to be entered, the transfer order in that system.
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(2) A CSD, a transferee or a person acting on a transferee’s behalf in relation to the transfer of the interest in securities, as the case may be, who fails to comply with subsection (1) shall be liable to a penalty of €1,265.
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