Western Australian Current Acts Western Australian Current Acts (1) A deed shall be
deemed to have been duly executed by a corporation aggregate in favour of a
purchaser, if the seal of that corporation is affixed to the deed in the
presence of and attested by a person who is its clerk, secretary or other
permanent officer or his deputy, and a member of its board of directors,
council or other governing body.
(2) Where a seal
purporting to be the seal of a corporation aggregate has been affixed to a
deed, attested by a person and a member purporting to be such a person and
such a member as is referred to in subsection (1), the deed shall be deemed to
have been duly executed and to have taken effect accordingly.
(3) The board of
directors, council or other governing body of a corporation aggregate may, by
resolution or otherwise, appoint an agent either generally or in any
particular case, to execute on behalf of the corporation any agreement or
other instrument not under seal in relation to any matter within the powers of
the corporation.
(4) When a person is
authorised under a power of attorney or under any statutory or other power to
execute any instrument in the name of, or on behalf of a corporation, sole or
aggregate, he may as attorney for the corporation execute the instrument by
signing the name of the corporation and adding the words “by its
attorney” and his own signature in the presence of at least one witness
and subject to the compliance by such person with the provisions of
section 85(3), an instrument so executed takes effect as if duly executed by
the corporation.
(5) Where a
corporation aggregate is authorised under a power of attorney or under any
statutory or other power to execute any instrument in the name or on behalf of
any other person (including another corporation), an officer of the
corporation aggregate appointed for that purpose by the board of directors,
council or other governing body of that corporation by resolution or
otherwise, may execute the instrument in the name of that other person; and if
the instrument appears to be executed by an officer so appointed, then in
favour of a purchaser the instrument shall be deemed to have been executed by
an officer duly authorised.
(6) The foregoing
provisions of this section apply to transactions wherever effected, but only
to instruments executed after the date of the coming into operation of this
Act, except that, in the case of powers or appointments of an agent or
officer, those provisions apply whether the power was conferred or the
appointment was made before or after that date.
(7) Notwithstanding
anything contained in this section, any mode of execution or attestation
authorised by law or by practice or by the statute, charter, memorandum or
articles, deed or settlement or other instrument constituting the corporation
or regulating the affairs thereof, are (in addition to the modes authorised by
this section) as effectual as if this section had not come into operation.