235Affixing of seal of association

#### 235 Affixing of seal of association 235 Affixing of seal of association > > (1) The seal of an association that has only 1 member or 2 members must not be affixed to an instrument or document except in the presence of the member or members or the managing agent of the association. > > > (2) The seal of an association that has more than 2 members must not be affixed to an instrument or document except in the presence of— > > > > > (a) 2 persons nominated by the association or, in the absence of a nomination, the secretary of the association’s committee and any other member of the committee, or > > > > > (b) the managing agent of the association. > > > (3) The managing agent must attest the fact and date of the affixing of the seal— > > > > > (a) by the managing agent’s signature, or > > > > > (b) if the managing agent is a corporation, by the signature of the president, chairperson or other principal officer of the corporation or by any member of staff of the corporation authorised to do so by the president, chairperson or other principal officer. > > > (3A) The seal of the association may be affixed physically or electronically. > > > (3B) If the seal is affixed electronically— > > > > > (a) subsections (1)–(3) do not apply in relation to affixing the seal, and > > > > > (b) the seal must be affixed in accordance with any requirements prescribed by the regulations under subsection (7). > > > (3C) An instrument or document to which the seal has been electronically affixed has effect as if the seal had been physically affixed to the instrument or document. > > > (4) A managing agent who has affixed the seal of the association to an instrument or document is taken to have done so under the authority of a delegation from the association. > > > (5) Subsection (4) does not operate to enable a person to fraudulently obtain a benefit. > > > (6) A person is taken not to have fraudulently obtained a benefit from the operation of subsection (4) if the benefit was, without any fraud by the person, obtained before the seal was affixed. > > > (7) The regulations may make provision about the following— > > > > > (a) any requirements for affixing the seal electronically, > > > > > (b) alternatives to affixing the seal of the association, including— > > > > > > > (i) requirements for witnessing or attesting to the alternatives, and > > > > > > > (i) records relating to the alternatives, > > > > > (c) records required to be kept relating to the electronic seal or any prescribed alternative to affixing the seal. > > > (8) A reference in subsections (4)–(6) to affixing the seal of an association to an instrument or document is taken to include a reference to an alternative to affixing the seal in accordance with any regulations made under subclause (7). > > **s 235:** Am 2022 No 5, Sch 1.3\[6\] \[7\].