Co-operatives National Law (Queensland)
sec.45Assumptions (cf Corporations Act s 129 )
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sec.45 Assumptions (cf Corporations Act s 129 )
A person may assume that the rules of a co-operative have been complied with. A person may assume that anyone who appears, from information provided by the co-operative that is available to the public from the Registrar, to be a director or secretary of the co-operative— has been duly appointed; and has authority to exercise the powers and perform the duties customarily exercised or performed by a director or secretary of a similar co-operative. A person may assume that anyone who is held out by the co-operative to be an officer or agent of the co-operative— has been duly appointed; and has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of officer or agent of a similar co-operative. A person may assume that the officers and agents of the co-operative properly perform their duties to the co-operative. A person may assume that a document has been properly executed by the co-operative if it is signed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or secretary of the co-operative. A person may assume that a document has been sealed by the co-operative if it bears what appears to be an impression of the co-operative’s common seal and the sealing of the document appears to be witnessed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or secretary of the co-operative. A person may assume that anyone who is, or may be assumed to be, an officer or agent of the co-operative who has authority to issue a document or a certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy. (sec.45-ssec.1) A person may assume that the rules of a co-operative have been complied with. (sec.45-ssec.2) A person may assume that anyone who appears, from information provided by the co-operative that is available to the public from the Registrar, to be a director or secretary of the co-operative— has been duly appointed; and has authority to exercise the powers and perform the duties customarily exercised or performed by a director or secretary of a similar co-operative. (sec.45-ssec.3) A person may assume that anyone who is held out by the co-operative to be an officer or agent of the co-operative— has been duly appointed; and has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of officer or agent of a similar co-operative. (sec.45-ssec.4) A person may assume that the officers and agents of the co-operative properly perform their duties to the co-operative. (sec.45-ssec.5) A person may assume that a document has been properly executed by the co-operative if it is signed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or secretary of the co-operative. (sec.45-ssec.6) A person may assume that a document has been sealed by the co-operative if it bears what appears to be an impression of the co-operative’s common seal and the sealing of the document appears to be witnessed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, a director or secretary of the co-operative. (sec.45-ssec.7) A person may assume that anyone who is, or may be assumed to be, an officer or agent of the co-operative who has authority to issue a document or a certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.