Corporations Act 2001

CHAPTER 8B - CORPORATE COLLECTIVE INVESTMENT VEHICLES  

PART 8B.3 - CORPORATE GOVERNANCE OF CCIVs  

Division 1 - Governance rules  

Subdivision A - How a CCIV exercises company powers  

SECTION 1223   EXECUTION OF DOCUMENTS (INCLUDING DEEDS) BY THE CCIV ITSELF  

1223(1)    
A document is taken to have been signed in accordance with subsection 127(1) if the document is signed by:

(a)    2 directors of the corporate director of the CCIV; or

(b)    a director and a company secretary of the corporate director of the CCIV.

Note: If a document is signed in this way, a person will be able to rely on the assumptions in subsection 129(5) for dealings in relation to the CCIV.

1223(2)    
A CCIV ' s common seal (if any) is taken to have been fixed to a document in accordance with subsection 127(2) if:

(a)    the CCIV ' s common seal is fixed to the document; and

(b)    the fixing of the seal is witnessed by:

(i) 2 directors of the corporate director of the CCIV; or

(ii) a director and a company secretary of the corporate director of the CCIV.

Note: If a CCIV executes a document in this way, a person will be able to rely on the assumptions in subsection 129(6) for dealings in relation to the CCIV.

1223(3)    
A CCIV may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection 127(1) or (2) , as affected by this section.

1223(4)    
This section does not limit the ways in which a CCIV may execute a document (including a deed).

1223(5)    
This section does not limit Part 2B.1 , as it applies to a CCIV subject to the modifications set out in this Chapter.

Note 1: A CCIV may appoint an agent: see section 126 .

Note 2: Some provisions of this Chapter modify section 124 , for example sections 1230 and 1231N .