Corporations Amendment (Meetings and Documents) Act 2022 (9 of 2022)

Schedule 1   Signing and executing documents

Corporations Act 2001

14   Subsection 129(6)

Repeal the subsection (not including the heading), substitute:

(6) A person may assume that a document has been duly executed by the company if:

(a) the company's common seal appears to have been fixed to the document in accordance with subsection 127(2); and

(b) the fixing of the common seal appears to have been witnessed in accordance with that subsection and subsection 127(2A).

For the purposes of making the assumption, a person may also assume that, if any person who witnesses the fixing of the common seal states next to their signature that:

(c) they are a director of the company - that is the case; or

(d) they are the company secretary of the company - that is the case; or

(e) they are the sole director of the company and that the company does not have a company secretary - that is the case; or

(f) they are the sole director and sole company secretary of the company - that is the case.

Note: For provisions about technology neutral signing, see Division 1 of Part 1.2AA.


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