Western Australian Current Acts

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EVIDENCE ACT 1906 - SECT 79

79 .         Incorporation of a company, proof of

        (1)         All courts and persons acting judicially shall admit and receive as evidence of the incorporation of a company incorporated or registered in the United Kingdom, either before or after the commencement of this Act, a certificate of the incorporation or registration thereof which purports to have been signed —

            (a)         by the registrar or an assistant or deputy registrar of companies in England, Scotland, or Ireland; or

            (b)         by a person whose authority to give the same shall be verified by a statutory declaration made before any judge or justice of the peace, of whose signature such courts and persons aforesaid shall take judicial notice.

                And the date of incorporation or registration mentioned in such certificate shall be evidence of the date on which the company was incorporated or registered.

        (2)         Any copy of or extract from any document kept and registered at the office for the registration of companies in the United Kingdom or any part thereof, if certified under the hand of the registrar or an assistant or deputy registrar, shall, before all courts and persons acting judicially, be admissible in evidence in all cases in which the original document is admissible in evidence and for the same purposes and to the same extent.

        (3)         A reference in subsection (1) or (2) to the registrar or an assistant or deputy registrar shall be construed —

        [(a)         deleted]

            (b)         as including a reference to a person holding within the office for the registration of companies in the United Kingdom or any part thereof or an office which corresponds to the office of Commissioner for Corporate Affairs or Assistant Commissioner for Corporate Affairs or Deputy Commissioner for Corporate Affairs under the Companies (Administration) Act 1982 or any corresponding previous enactment.

        [Section 79 amended: No. 10 of 1982 s. 28; No. 8 of 2009 s. 7.]



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