sec.104Validity of particular acts of delegate in favour of third party

sec.104 Validity of particular acts of delegate in favour of third party

This section applies if— a delegate does an act, or signs an instrument, in favour of another person in the exercise, or purported exercise, of power under a delegation made under section 95 ; but the delegate lacks the power to do the act, or sign the instrument, because the delegation of the matter, for any reason, is not in operation. The act done or instrument signed by the delegate is, in favour of the other person, as valid and effective as it would be if the delegation of the matter had been in operation. Subsection (2) does not apply if, when the act was done or the instrument was signed, the other person had actual notice that the delegation of the matter was not in operation. For this section, the delegation of a matter is in operation at a particular time only if, at that time— the delegation of the matter has commenced and is in effect; and See section 96 in relation to when the delegation of a matter commences and is in effect. the stated circumstances apply. (sec.104-ssec.1) This section applies if— a delegate does an act, or signs an instrument, in favour of another person in the exercise, or purported exercise, of power under a delegation made under section 95 ; but the delegate lacks the power to do the act, or sign the instrument, because the delegation of the matter, for any reason, is not in operation. (sec.104-ssec.2) The act done or instrument signed by the delegate is, in favour of the other person, as valid and effective as it would be if the delegation of the matter had been in operation. (sec.104-ssec.3) Subsection (2) does not apply if, when the act was done or the instrument was signed, the other person had actual notice that the delegation of the matter was not in operation. (sec.104-ssec.4) For this section, the delegation of a matter is in operation at a particular time only if, at that time— the delegation of the matter has commenced and is in effect; and See section 96 in relation to when the delegation of a matter commences and is in effect. the stated circumstances apply.

• (a) a delegate does an act, or signs an instrument, in favour of another person in the exercise, or purported exercise, of power under a delegation made under section 95 ; but
• (b) the delegate lacks the power to do the act, or sign the instrument, because the delegation of the matter, for any reason, is not in operation.
• (a) the delegation of the matter has commenced and is in effect; and Note— See section 96 in relation to when the delegation of a matter commences and is in effect.
• (b) the stated circumstances apply.