Western Australian Current Acts

RURAL BUSINESS DEVELOPMENT CORPORATION ACT 2000 - SECT 38

38 .         Common seal and execution of documents

        (1)         A document is duly executed by the Corporation if —

            (a)         the common seal of the Corporation is affixed to it in accordance with subsections (2) and (3); or

            (b)         it is signed on behalf of the Corporation by a person or persons authorised to do so under subsection (4).

        (2)         The common seal of the Corporation is not to be affixed to any document except as authorised by the Corporation.

        (3)         The common seal of the Corporation is to be affixed to a document in the presence of 2 directors, and each of them is to sign the document to attest that the common seal was so affixed.

        (4)         The Corporation may, by writing under its seal, authorise a director or directors or an officer or officers of the Corporation to sign documents on behalf of the Corporation, either generally or subject to any conditions or restrictions that are specified in the authorisation.

        (5)         A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.

        (6)         A document executed by a person under this section without the common seal of the Corporation is not to be regarded as a deed unless the person executes it as a deed and is authorised under subsection (4) to do so.

        (7)         When a document is produced bearing a seal purporting to be the common seal of the Corporation, it is to be presumed that the seal is the common seal of the Corporation until the contrary is shown.