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BANKRUPTCY REGULATIONS 2021 (F2021L00261) - REG 60 Signing authority by another person on behalf of debtor

BANKRUPTCY REGULATIONS 2021 (F2021L00261) - REG 60

Signing authority by another person on behalf of debtor

             (1)  This section applies if a debtor intends to sign an authority under subsection 188(1) of the Act and the debtor is:

                     (a)  unable to read the relevant material, because the debtor:

                              (i)  is blind or has low vision; or

                             (ii)  is illiterate or partially literate; or

                            (iii)  is insufficiently familiar with the English language; or

                     (b)  unable to sign the authority or an acknowledgement under subsection 59(3) of this instrument relating to the authority because of a physical incapacity.

             (2)  The authority and the acknowledgement may be signed by another person, who must sign a statement:

                     (a)  if subparagraph (1)(a)(i) or (ii) applies--that the person has read the relevant material to the debtor; or

                     (b)  if subparagraph (1)(a)(iii) applies--that the person has interpreted the relevant material to the debtor in a language with which the person and debtor are familiar; or

                     (c)  if paragraph (1)(b) applies--that the person believes that the debtor has read and understood the relevant material.

             (3)  In this section:

"relevant material " means the authority, the information prescribed by section 59 and the acknowledgement under subsection 59(3) relating to the authority.