New South Wales Consolidated Acts

CO-OPERATIVES ACT 1992 - SECT 37

37 Assumptions

(cf Vic Act s 44)

(1) Rules complied with A person may assume that the co-operative’s rules have been complied with.

(2) Director or officer A person may assume that anyone who appears, from information provided by the co-operative that is available to the public from the Registrar, to be a director or officer of the co-operative:

(a) has been duly appointed, and

(b) has authority to exercise the powers and perform the duties customarily exercised or performed by a director or officer of a similar co-operative.

(3) Officer or agent A person may assume that anyone who is held out by the co-operative to be an officer or agent of the co-operative:

(a) has been duly appointed, and

(b) has authority to exercise the powers and perform the duties customarily exercised or performed by that kind of officer or agent of a similar co-operative.

(4) Officer or agent with authority to warrant that document is genuine or true copy A person may assume that anyone who is, or may be assumed to be, an officer or agent of the co-operative who has the authority to issue a document or a certified copy of a document on its behalf also has authority to warrant that the document is genuine or is a true copy.

(5) Document duly executed A person may assume that a document has been duly executed by the co-operative if it is signed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other a director or officer of the co-operative.

(6) Document duly sealed A person may assume that a document has been duly sealed by the co-operative if it bears what appears to be an impression of the co-operative’s seal and the sealing of the document appears to be witnessed by 2 people, one of whom is, or may be assumed to be, a director of the co-operative, and the other a director or officer of the co-operative.

(7) Proper performance of duties A person may assume that the officers and agents of the co-operative properly perform their duties to the co-operative.