sec.18Entitlement to make assumptions [CA, ss 128 and 129 ]

### sec.18 Entitlement to make assumptions [CA, ss 128 and 129 ] A person is entitled to make the following assumptions (the assumptions ) relating to dealings with a distributor-retailer— the distributor-retailer’s participation agreement and any provisions of the Act that apply to the distributor-retailer relating to the agreement have been complied with; that a person who appears, from information provided by the distributor-retailer that is available to the public, to be a board member or an officer of the distributor-retailer— has been duly appointed; and has authority to perform the functions and exercise the powers of a board member or an officer, under the Act , relating to the distributor-retailer; that a person who is held out by the distributor-retailer to be an officer or agent of the distributor-retailer— has been duly appointed; and has authority to perform the functions and exercise the powers customarily performed or exercised by that kind of officer or agent of a company conducting a business similar to that conducted by the distributor-retailer; that the board members and agents of the distributor-retailer properly perform their duties to the distributor-retailer; that a document has been duly executed by the distributor-retailer if the document appears to have been signed under section 52 of the Act ; that an officer or agent of the distributor-retailer 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. However, a person is not entitled to make an assumption if at the time of the dealings they knew or suspected that the assumption was incorrect. The distributor-retailer is not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect. The assumptions may be made even if a board member or agent of the distributor-retailer acts fraudulently, or forges a document, in connection with the dealings. (sec.18-ssec.1) A person is entitled to make the following assumptions (the assumptions ) relating to dealings with a distributor-retailer— the distributor-retailer’s participation agreement and any provisions of the Act that apply to the distributor-retailer relating to the agreement have been complied with; that a person who appears, from information provided by the distributor-retailer that is available to the public, to be a board member or an officer of the distributor-retailer— has been duly appointed; and has authority to perform the functions and exercise the powers of a board member or an officer, under the Act , relating to the distributor-retailer; that a person who is held out by the distributor-retailer to be an officer or agent of the distributor-retailer— has been duly appointed; and has authority to perform the functions and exercise the powers customarily performed or exercised by that kind of officer or agent of a company conducting a business similar to that conducted by the distributor-retailer; that the board members and agents of the distributor-retailer properly perform their duties to the distributor-retailer; that a document has been duly executed by the distributor-retailer if the document appears to have been signed under section 52 of the Act ; that an officer or agent of the distributor-retailer 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.18-ssec.2) However, a person is not entitled to make an assumption if at the time of the dealings they knew or suspected that the assumption was incorrect. (sec.18-ssec.3) The distributor-retailer is not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect. (sec.18-ssec.4) The assumptions may be made even if a board member or agent of the distributor-retailer acts fraudulently, or forges a document, in connection with the dealings. - (a) the distributor-retailer’s participation agreement and any provisions of the Act that apply to the distributor-retailer relating to the agreement have been complied with; - (b) that a person who appears, from information provided by the distributor-retailer that is available to the public, to be a board member or an officer of the distributor-retailer— (i) has been duly appointed; and (ii) has authority to perform the functions and exercise the powers of a board member or an officer, under the Act , relating to the distributor-retailer; - (i) has been duly appointed; and - (ii) has authority to perform the functions and exercise the powers of a board member or an officer, under the Act , relating to the distributor-retailer; - (c) that a person who is held out by the distributor-retailer to be an officer or agent of the distributor-retailer— (i) has been duly appointed; and (ii) has authority to perform the functions and exercise the powers customarily performed or exercised by that kind of officer or agent of a company conducting a business similar to that conducted by the distributor-retailer; - (i) has been duly appointed; and - (ii) has authority to perform the functions and exercise the powers customarily performed or exercised by that kind of officer or agent of a company conducting a business similar to that conducted by the distributor-retailer; - (d) that the board members and agents of the distributor-retailer properly perform their duties to the distributor-retailer; - (e) that a document has been duly executed by the distributor-retailer if the document appears to have been signed under section 52 of the Act ; - (f) that an officer or agent of the distributor-retailer 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. - (i) has been duly appointed; and - (ii) has authority to perform the functions and exercise the powers of a board member or an officer, under the Act , relating to the distributor-retailer; - (i) has been duly appointed; and - (ii) has authority to perform the functions and exercise the powers customarily performed or exercised by that kind of officer or agent of a company conducting a business similar to that conducted by the distributor-retailer;