Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 51A

    (1)     In favour of an honest purchaser—

        (a)     a deed is taken to have been duly executed by a corporation aggregate if its seal is attached to the deed in the presence of and attested by its clerk, secretary, or other permanent officer or his or her deputy, and a member of the board of directors, council, or other governing body of the corporation; and

        (b)     if a seal purporting to be the seal of a corporation has been attached to a deed attested by persons purporting to be persons holding offices mentioned in paragraph (a)—the deed is taken to have been executed in accordance with the requirements of this section, and to have taken effect accordingly.

    (2)     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 or any registration copy of any instruments to which the corporation is a party.

    (3)     If a person is authorised under a power of attorney or under any statutory or other power to assure any property in the name or on behalf of a corporation sole or aggregate, the person may as attorney execute the assurance by signing his or her name in such way as to show that he or she does so as attorney of the corporation in the presence of at least 1 witness, and for a deed by executing the same in accordance with section 38, and such execution shall take effect and be valid in like manner as if the corporation had executed the assurance.

    (4)     If a corporation aggregate is authorised under a power of attorney or under any statutory or other power to assure any property in the name or on behalf of any other person (including another corporation), an officer appointed for that purpose, either generally or in the particular instance, by the board of directors, council, or other governing body of the corporation by resolution or otherwise, may execute the assurance in the name of the other person.

    (5)     If an instrument is executed by an officer who purports to be appointed as mentioned in subsection (4), the instrument is taken, in favour of an honest purchaser, to have been executed by a properly authorised officer.

    (6)     This section only applies to deeds and other instruments executed after 8 May 1958.

    (7)     Notwithstanding anything contained in this section, any method of execution or attestation authorised by law or by practice, or by the law, charter, memorandum or articles, deed of settlement, or other instrument constituting the corporation or regulating the affairs of the corporation, shall (in addition to the methods authorised by this section) be as effective as if this section had not been passed.