sec.170Seals of bodies corporate

sec.170 Seals of bodies corporate

The common seal of a community body corporate must be kept by— the member of the community body corporate, or member of the executive committee, that the community body corporate determines; or if no determination is made—the secretary of the executive committee. The common seal of a precinct body corporate must be kept by— if the precinct body corporate is constituted by the proprietor of the community development lot alone—the original applicant; or if the precinct body corporate is constituted by 2 or more members— the member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or if no determination is made—the secretary of the executive committee. The common seal of a body corporate may only be affixed to a document in the presence of— if the body corporate is constituted by 1 member—the member; or if the body corporate is constituted by 2 members—each member; or if the body corporate is constituted by more than 2 members— 2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or if no determination is made—the secretary and another member of the executive committee. A person in whose presence the common seal is affixed to a document must attest the fact and date of the affixing of the seal by the person’s signature. If a member is a corporation, the common seal affixed in the presence of a person nominated in writing by the corporation for the purpose and attested by the person is taken to have been properly affixed in the presence of the corporation. For the purpose of exercising any of a body corporate manager’s powers, the body corporate manager is entitled to— have the custody of the body corporate’s common seal; and affix it to any document. Subsection (6) has effect despite subsections (1) to (5) . If the body corporate manager affixes the common seal under subsection (6) , the manager must attest the fact and date of the affixing of the seal by the manager’s signature. If a body corporate manager has affixed the common seal of a body corporate to a document, the manager is taken to have affixed the seal under the authority of a delegation made under section 192 by the body corporate. Subsection (9) does not operate to enable a person fraudulently to obtain a benefit from its operation, but any benefit that accrues to a person from its operation is taken not to have been fraudulently obtained if the benefit was first obtained by the person without any fraud by the person. (sec.170-ssec.1) The common seal of a community body corporate must be kept by— the member of the community body corporate, or member of the executive committee, that the community body corporate determines; or if no determination is made—the secretary of the executive committee. (sec.170-ssec.2) The common seal of a precinct body corporate must be kept by— if the precinct body corporate is constituted by the proprietor of the community development lot alone—the original applicant; or if the precinct body corporate is constituted by 2 or more members— the member of the precinct body corporate or member of the executive committee that the precinct body corporate determines; or if no determination is made—the secretary of the executive committee. (sec.170-ssec.3) The common seal of a body corporate may only be affixed to a document in the presence of— if the body corporate is constituted by 1 member—the member; or if the body corporate is constituted by 2 members—each member; or if the body corporate is constituted by more than 2 members— 2 persons who are members of the body corporate, or executive committee, determined by the body corporate; or if no determination is made—the secretary and another member of the executive committee. (sec.170-ssec.4) A person in whose presence the common seal is affixed to a document must attest the fact and date of the affixing of the seal by the person’s signature. (sec.170-ssec.5) If a member is a corporation, the common seal affixed in the presence of a person nominated in writing by the corporation for the purpose and attested by the person is taken to have been properly affixed in the presence of the corporation. (sec.170-ssec.6) For the purpose of exercising any of a body corporate manager’s powers, the body corporate manager is entitled to— have the custody of the body corporate’s common seal; and affix it to any document. (sec.170-ssec.7) Subsection (6) has effect despite subsections (1) to (5) . (sec.170-ssec.8) If the body corporate manager affixes the common seal under subsection (6) , the manager must attest the fact and date of the affixing of the seal by the manager’s signature. (sec.170-ssec.9) If a body corporate manager has affixed the common seal of a body corporate to a document, the manager is taken to have affixed the seal under the authority of a delegation made under section 192 by the body corporate. (sec.170-ssec.10) Subsection (9) does not operate to enable a person fraudulently to obtain a benefit from its operation, but any benefit that accrues to a person from its operation is taken not to have been fraudulently obtained if the benefit was first obtained by the person without any fraud by the person.