Commonwealth Consolidated Acts

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CHEQUES ACT 1986 - SECT 33

Person signing as agent or in representative capacity

             (1)  Where:

                     (a)  a person (in this subsection referred to as the signer ) signs a cheque for or on behalf of a principal or in a representative capacity;

                     (b)  the signer adds words to the signature indicating that the signer signs for or on behalf of a principal or in a representative capacity; and

                     (c)  the person for or on whose behalf the signer signs the cheque is named, or otherwise indicated with reasonable certainty, in the cheque;

the signer is not personally liable on the cheque.

             (2)  Where:

                     (a)  a person (in this subsection referred to as the signer ) signs a cheque and adds words to the signature indicating that the signer signs for or on behalf of a principal or in a representative capacity, but:

                              (i)  the signer does not in fact sign for or on behalf of the principal or in the representative capacity, as the case may be; or

                             (ii)  the person for or on whose behalf the signer signs the cheque is not named, or otherwise indicated with reasonable certainty, in the cheque; or

                    (b)    a person (in this subsection also referred to as the signer ) signs a cheque and merely adds words to the signature describing the signer as an agent or as having a representative capacity;

the addition of those words does not prevent the signer from being personally liable on the cheque.



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