Corporations (Aboriginal and Torres Strait Islander) Act 2006
CHAPTER 3
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BASIC FEATURES OF AN ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATION
PART 3-5
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CORPORATION POWERS AND HOW THEY ARE EXERCISED
Division 99
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How are a corporation
'
s powers exercised?
SECTION 99-5
EXECUTION OF DOCUMENTS (INCLUDING DEEDS) BY THE CORPORATION ITSELF
99-5(1)
An Aboriginal and Torres Strait Islander corporation may execute a document without using a common seal if the document is signed by: (a) 2 directors of the corporation; or (b) a director and a corporation secretary (if any) of the corporation; or (c) if the corporation has only 1 director - that director.
99-5(2)
An Aboriginal and Torres Strait Islander corporation with a common seal may execute a document if the seal is fixed to the document and the fixing of the seal is witnessed by: (a) 2 directors of the corporation; or (b) a director and a corporation secretary of the corporation; or (c) for an Aboriginal and Torres Strait Islander corporation that has only 1 director - that director.
99-5(3)
An Aboriginal and Torres Strait Islander corporation may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection (1) or (2) .
99-5(4)
This section does not limit the ways in which an Aboriginal and Torres Strait Islander corporation may execute a document (including a deed).
An Aboriginal and Torres Strait Islander corporation may execute a document without using a common seal if the document is signed by: (a) 2 directors of the corporation; or (b) a director and a corporation secretary (if any) of the corporation; or (c) if the corporation has only 1 director - that director.
Note:
If an Aboriginal and Torres Strait Islander corporation executes a document in this way, people will be able to rely on the assumptions in subsection 104-5(6) for dealings in relation to the corporation.
99-5(2)
An Aboriginal and Torres Strait Islander corporation with a common seal may execute a document if the seal is fixed to the document and the fixing of the seal is witnessed by: (a) 2 directors of the corporation; or (b) a director and a corporation secretary of the corporation; or (c) for an Aboriginal and Torres Strait Islander corporation that has only 1 director - that director.
Note:
If an Aboriginal and Torres Strait Islander corporation executes a document in this way, people will be able to rely on the assumptions in subsection 104-5(7) for dealings in relation to the corporation.
99-5(3)
An Aboriginal and Torres Strait Islander corporation may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection (1) or (2) .
99-5(4)
This section does not limit the ways in which an Aboriginal and Torres Strait Islander corporation may execute a document (including a deed).