Pooled Development Funds Act 1992
(Repealed by No 164 of 2007)
View history note
Hide history noteS 74 repealed by No 164 of 2007, s 3 and Sch 12 item 65, effective 27 September 2007. S 74 formerly read:
S 74(2) amended by No 78 of 2007, s 3 and Sch 8 items 164 and 165, by inserting
"
, ESVCLPs
"
after
"
VCLPs
"
in para (c) and inserting para (ca), effective 21 June 2007. S 74(2) amended by No 136 of 2002 and substituted by No 165 of 1999. is, upon mere production, receivable as
prima facie
evidence that the Board has done the act or thing or formed the opinion. is, upon mere production, receivable as
prima facie
evidence that the person is so authorised.
SECTION 74 ACTS DONE BY BOARD
74(1)
Except so far as the contrary intention appears in this Act, a function or power of the Board is to be performed or exercised by writing signed by a member pursuant to a resolution of the Board.
74(2)
Subsection (1) does not apply to:
(a)
for PDFs
-
making or revoking a registration declaration; or
(b)
registering an entity or revoking registration under Part
7A
; or
(c)
registering limited partnerships as VCLPs, ESVCLPs or AFOFs or revoking registration under Part
2
of the
Venture Capital Act 2002
; or
(ca)
approving ESVCLPs
'
investment plans, and their replacement plans, under Part
2
of the
Venture Capital Act 2002
; or
(d)
registering entities as eligible venture capital investors or revoking registration under Part
3
of the
Venture Capital Act 2002
; or
(e)
making determinations under Part
4
of the
Venture Capital Act 2002
.
74(3)
A certificate that:
(a)
purports to be signed by a member, or by a person authorised by the Board to sign certificates for the purposes of this subsection; and
(b)
states that the Board has done any act or thing (for example, passed a particular resolution) or formed any opinion;
74(4)
A certificate that:
(a)
purports to be signed by a member; and
(b)
states that a specified person is authorised by the Board to sign certificates for the purposes of subsection (3);
74(5)
An act or thing done by the Board does not cease to have effect merely because of a change in the Board's membership.
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