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CORPORATIONS ACT 2001 - SECT 1223

Execution of documents (including deeds) by the CCIV itself

  (1)   A document is taken to have been signed in accordance with subsection   127(1) if the document is signed by:

  (a)   2 directors of the corporate director of the CCIV; or

  (b)   a director and a company secretary of the corporate director of the CCIV.

Note:   If a document is signed in this way, a person will be able to rely on the assumptions in subsection   129(5) for dealings in relation to the CCIV.

  (2)   A CCIV's common seal (if any) is taken to have been fixed to a document in accordance with subsection   127(2) if:

  (a)   the CCIV's common seal is fixed to the document; and

  (b)   the fixing of the seal is witnessed by:

  (i)   2 directors of the corporate director of the CCIV; or

  (ii)   a director and a company secretary of the corporate director of the CCIV.

Note:   If a CCIV executes a document in this way, a person will be able to rely on the assumptions in subsection   129(6) for dealings in relation to the CCIV.

  (3)   A CCIV may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection   127(1) or (2), as affected by this section.

  (4)   This section does not limit the ways in which a CCIV may execute a document (including a deed).

  (5)   This section does not limit Part   2B.1, as it applies to a CCIV subject to the modifications set out in this Chapter.

Note 1:   A CCIV may appoint an agent: see section   126.

Note 2:   Some provisions of this Chapter modify section   124, for example sections   1230 and 1231N.



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