Victorian Consolidated Legislation

Instruments Act 1958 - SECT 31A

PART VA CORPORATE BODIES CONTRACTS

Formalities of making, varying or discharging a contract

31A. Formalities of making, varying or discharging a contract



(1) So far as the formalities of making varying or discharging a contract are
concerned, any person acting under the authority express or implied of a body
corporate may make, vary or discharge any contract in the name or on behalf of
the body corporate in the same manner as if that contract were made, varied or
discharged by a natural person.

(2) The making variation or discharge of a contract according to this section
shall be effectual in law and shall bind the body corporate and its successors
and all other parties thereto.

(3) Nothing in this section shall be taken as preventing a body corporate from
making, varying or discharging a contract under its common seal.

(4) This section shall not apply to the making variation or discharge of a
contract before the commencement of the Instruments (Corporate Bodies
Contracts) Act 1967 but shall apply whether the body corporate gave its
authority before or after the commencement of the Instruments (Corporate
Bodies Contracts) Act 1967.

(5) Nothing in this section shall limit the operation or effect of any
enactment which requires any sanction or consent to be obtained or any
procedure to be complied with either before or after any contract is made,
varied or discharged.

(6) This section shall apply to a body corporate wherever incorporated but
shall not apply to any company within the meaning of the Corporations Act.

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