South Australian Consolidated Acts

CO-OPERATIVES ACT 1997 - SECT 44

44—Assumptions

        (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 Commission, 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 that kind of 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 to 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 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 two people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, 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 two people, one of whom is, or may be assumed to be, a director of the co-operative, and the other is, or may be assumed to be, 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.