Bankruptcy Regulations 2021

PART 10 - PERSONAL INSOLVENCY AGREEMENTS  

SECTION 60   SIGNING AUTHORITY BY ANOTHER PERSON ON BEHALF OF DEBTOR  

60(1)    
This section applies if a debtor intends to sign an authority under subsection 188(1) of the Act and the debtor is:

(a)    unable to read the relevant material, because the debtor:


(i) is blind or has low vision; or

(ii) is illiterate or partially literate; or

(iii) is insufficiently familiar with the English language; or

(b)    unable to sign the authority or an acknowledgement under subsection 59(3) of this instrument relating to the authority because of a physical incapacity.

60(2)    
The authority and the acknowledgement may be signed by another person, who must sign a statement:

(a)    if subparagraph (1)(a)(i) or (ii) applies - that the person has read the relevant material to the debtor; or

(b)    if subparagraph (1)(a)(iii) applies - that the person has interpreted the relevant material to the debtor in a language with which the person and debtor are familiar; or

(c)    if paragraph (1)(b) applies - that the person believes that the debtor has read and understood the relevant material.

60(3)    
In this section:

relevant material
means the authority, the information prescribed by section 59 and the acknowledgement under subsection 59(3) relating to the authority.





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