• Specific Year
    Any

COMMUNITY TITLE ACT 2001 - SECT 34 Common seal

COMMUNITY TITLE ACT 2001 - SECT 34

Common seal

    (1)     A body corporate's common seal must include the body corporate's name.

    (2)     The seal must not be attached to a document unless its use has been authorised by a resolution of the body corporate or its committee of management.

    (3)     The attachment of the seal must be witnessed by at least 2 members of the body corporate (unless there is only 1 member, in which case the attachment of the seal must be witnessed by the member).

    (4)     The body corporate must take reasonable precautions to prevent unauthorised use of the seal.

    (5)     If a document appears to have the common seal of a body corporate attached, and the attachment of the seal appears to have been witnessed as required by this section—

        (a)     a person dealing with the body corporate without notice of irregularity is entitled to assume that the seal was properly attached; and

        (b)     in legal proceedings or proceedings before a Territory official, it must be presumed, in the absence of evidence to the contrary, that the seal was properly attached.

    (6)     This section does not limit how a body corporate may execute a document.