Commonwealth Repealed Acts

This legislation has been repealed.

CORPORATIONS LAW- SECT 204E

Effectiveness of acts by secretaries

 
 
(1)
An act done by a secretary is effective even if
their appointment, or the continuance of their appointment, is invalid because
the company or secretary did not comply with the company's constitution (if
any) or any provision of this Law.


(2)
Subsection (1) does not deal with the question whether an
effective act by a secretary: 
 
 

(a)
binds the company in its dealings with other people;
or

(b)
makes the company 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 secretary (for example, signing and sending out a notice of a
meeting of directors if the company's constitution authorises the secretary to
do so or signing a document to be lodged with ASIC). Sections 128- 130 contain
rules about the assumptions people are entitled to make when dealing with a
company and its officers.