Document ID: chunk:federal_register_of_legislation:C2025C00012:clause:1_1223
Version: federal_register_of_legislation:C2025C00012
Segment Type: clause
Provision Reference: sch 1 cl 1223
Character Range: 36314–37890

1223  Execution of documents (including deeds) by the CCIV itself
 (1) A document is taken to have been signed in accordance with subsection 127(1) if the document is signed by:
 (a) 2 directors of the corporate director of the CCIV; or
 (b) a director and a company secretary of the corporate director of the CCIV.
Note: If a document is signed in this way, a person will be able to rely on the assumptions in subsection 129(5) for dealings in relation to the CCIV.
 (2) A CCIV's common seal (if any) is taken to have been fixed to a document in accordance with subsection 127(2) if:
 (a) the CCIV's common seal is fixed to the document; and
 (b) the fixing of the seal is witnessed by:
 (i) 2 directors of the corporate director of the CCIV; or
 (ii) a director and a company secretary of the corporate director of the CCIV.
Note: If a CCIV executes a document in this way, a person will be able to rely on the assumptions in subsection 129(6) for dealings in relation to the CCIV.
 (3) A CCIV may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection 127(1) or (2), as affected by this section.
 (4) This section does not limit the ways in which a CCIV may execute a document (including a deed).
 (5) This section does not limit Part 2B.1, as it applies to a CCIV subject to the modifications set out in this Chapter.
Note 1: A CCIV may appoint an agent: see section 126.
Note 2: Some provisions of this Chapter modify section 124, for example sections 1230 and 1231N.

Subdivision B—Constitution