Corporations Act 2001
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Hide history noteCCH note - modifying legislative instruments: The application of Pt 8B.3 is affected by the following legislative instruments that commenced or were amended on or after 1 January 2022: the ASIC Corporations (CCIV Auditors) Instrument 2024/668.
For other legislative instruments or class orders before 1 January 2022 that affect the application of Pt 8B.3, please consult the legislative instruments or class orders directly. These are reproduced in the regulatory-resources section of the company-law practice area in CCH iKnowConnect.
CCH Note: Division 2 is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Subdivision B is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
CCH Note: Section 1224H is modified by the ASIC Corporations (Chapter 5C - Miscellaneous Provisions) Instrument 2017/125.
An act done by the company named in ASIC ' s record of a CCIV ' s registration as the corporate director or temporary corporate director of the CCIV is effective even if: (a) the company ' s appointment as corporate director or temporary corporate director did not comply with the CCIV ' s constitution or any provision of this Act; or (b) the continuance of the company ' s appointment as corporate director or temporary corporate director does not comply with the CCIV ' s constitution or any provision of this Act.
1224H(2)
Subsection (1) does not deal with the question whether an effective act by a corporate director: (a) binds the CCIV in its dealings with other people; or (b) makes the CCIV liable to another person.
Note: The kinds of acts that this section validates are those that are only legally effective if the person doing them is a director (for example, calling a meeting of the company ' s members). Sections 128 to 130 contain rules about the assumptions people are entitled to make when dealing with a company and its officers.
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