Western Australian Current Acts

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CO-OPERATIVES ACT 2009 - SECT 42

42 .         Assumptions

        (1)         A person may assume that the co-operative’s rules have been complied with.

        (2)         A person may assume that anyone who appears, from information provided by the co-operative that is available to the public from the Registrar, to be a director or officer of the co-operative —

            (a)         has been properly appointed; and

            (b)         has authority to exercise the powers and perform the duties customarily exercised or performed by a director or officer of a similar co-operative.

        (3)         A person may assume that anyone who is held out by the co-operative to be an officer or agent of the co-operative —

            (a)         has been properly appointed; and

            (b)         has authority to exercise the powers and to perform the duties customarily exercised or performed by that kind of officer or agent of a similar co-operative.

        (4)         A person may assume that anyone who is, or may be assumed to be, an officer or agent of the co-operative who has authority to issue a document or a certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.

        (5)         A person may assume that a document has been duly executed by the co-operative if it is signed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or the secretary of the co-operative.

        (6)         A person may assume that a document has been duly executed by the co-operative if —

            (a)         the co-operative’s seal appears to have been fixed to the document in accordance with Division 4; and

            (b)         the fixing of the seal appears to be witnessed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or the secretary of the co-operative.

        (7)         A person may assume that the officers and agents of the co-operative properly perform their duties to the co-operative.



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