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StatuteCorporations Act 2001

Section 1223 — Corporations Act 2001: Execution of documents (including deeds) by the CCIV itself

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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