Victorian Consolidated Legislation

Instruments Act 1958 - SECT 108

Execution of instrument etc. by attorney

108. Execution of instrument etc. by attorney



(1) The attorney under a power of attorney may, if he thinks fit-

   (a)  execute any instrument with his own signature, and, where sealing is
        required or employed, with his own seal; and

   (b)  do any other thing in his own name-

and any instrument executed or thing done in that manner shall be as effective
as if executed or done by the attorney under the power-

   (a)  with the signature;

   (b)  with the signature and seal; or

   (c)  in the name-

(as the case may be) of the donor of the power.

(2) Notwithstanding the provisions of subsection (1), an instrument executed
by the attorney under a power of attorney shall be executed in such a way as
to show that he does so as attorney for the donor of the power.

(3) This section applies to a power of attorney whether created before or
after the commencement of the Instruments (Powers of Attorney) Act 1980.

(4) For the avoidance of doubt it is hereby declared that an instrument to
which subsection (3) or (4) of section 74 of the Property Law Act 1958 applies
may be executed either as provided in those subsections or as provided in this
section.