sec.28-oc.2Seal of body corporate

### sec.28-oc.2 Seal of body corporate The common seal of a body corporate shall be kept— where the body corporate is constituted by 1 lessee—by that lessee; or where the body corporate is constituted by 2 or more lessees—by such lessee or member of the committee as the body corporate determines or, in the absence of any such determination, by the secretary of the committee. (amended) The common seal of the body corporate shall only be affixed to an instrument or document in the presence of— where the body corporate is constituted by 1 or 2 lessees—that lessee or those lessees, as the case may be; or where the body corporate is constituted by more than 2 lessees—such 2 persons, being lessees or members of the committee, as the body corporate determines or, in the absence of any such determination, the secretary and any other member of the committee; who shall attest the fact and date of the affixing of the seal by their signatures. (amended) Despite subsections (1) and (2) , a body corporate manager shall, for the purpose of exercising or performing any of his or her powers or functions, be entitled to have the custody of the common seal of the body corporate and to affix it to any instrument or document and, where he or she so affixes it, shall attest the fact and date of the affixing of the seal by his or her signature. Where a body corporate manager has affixed the common seal of the body corporate to any instrument or document, he or she shall be deemed to have done so under the authority of a delegation made under section 50 by the body corporate. Subsection (4) shall not operate so as to enable a person to fraudulently obtain a benefit from its operation, but any benefit that accrues to a person from the operation of that subsection shall be deemed not to be fraudulently obtained if the benefit was first obtained by that person without any fraud by that person. (sec.28-oc.2-ssec.1) The common seal of a body corporate shall be kept— where the body corporate is constituted by 1 lessee—by that lessee; or where the body corporate is constituted by 2 or more lessees—by such lessee or member of the committee as the body corporate determines or, in the absence of any such determination, by the secretary of the committee. (amended) (sec.28-oc.2-ssec.2) The common seal of the body corporate shall only be affixed to an instrument or document in the presence of— where the body corporate is constituted by 1 or 2 lessees—that lessee or those lessees, as the case may be; or where the body corporate is constituted by more than 2 lessees—such 2 persons, being lessees or members of the committee, as the body corporate determines or, in the absence of any such determination, the secretary and any other member of the committee; who shall attest the fact and date of the affixing of the seal by their signatures. (amended) (sec.28-oc.2-ssec.3) Despite subsections (1) and (2) , a body corporate manager shall, for the purpose of exercising or performing any of his or her powers or functions, be entitled to have the custody of the common seal of the body corporate and to affix it to any instrument or document and, where he or she so affixes it, shall attest the fact and date of the affixing of the seal by his or her signature. (sec.28-oc.2-ssec.4) Where a body corporate manager has affixed the common seal of the body corporate to any instrument or document, he or she shall be deemed to have done so under the authority of a delegation made under section 50 by the body corporate. (sec.28-oc.2-ssec.5) Subsection (4) shall not operate so as to enable a person to fraudulently obtain a benefit from its operation, but any benefit that accrues to a person from the operation of that subsection shall be deemed not to be fraudulently obtained if the benefit was first obtained by that person without any fraud by that person. - (a) where the body corporate is constituted by 1 lessee—by that lessee; or - (b) where the body corporate is constituted by 2 or more lessees—by such lessee or member of the committee as the body corporate determines or, in the absence of any such determination, by the secretary of the committee. - (a) where the body corporate is constituted by 1 or 2 lessees—that lessee or those lessees, as the case may be; or - (b) where the body corporate is constituted by more than 2 lessees—such 2 persons, being lessees or members of the committee, as the body corporate determines or, in the absence of any such determination, the secretary and any other member of the committee;