Document ID: chunk:federal_register_of_legislation:C2004A02825:body:0:p32
Version: federal_register_of_legislation:C2004A02825
Segment Type: other
Provision Reference: 
Character Range: 77644–80188

principal executive officer or a secretary of the company has been duly appointed and has authority to exercise the powers and perform the duties customarily exercised or performed by a director, by the principal executive officer or by a secretary, as the case may be, of a company carrying on a business of the kind carried on by the company;
     (c) that a person who is held out by the company to be an officer or agent of the company has been duly appointed and has authority to exercise the powers and perform the duties customarily exercised or performed by an officer or agent of the kind concerned;

     (d) that an officer or agent of the company who has authority to issue a document on behalf of the company has authority to warrant that the document is genuine and that an officer or agent of the company who has authority to issue a certified copy of a document on behalf of the company has authority to warrant that the copy is a true copy;
     (e) that a document has been duly sealed by the company if—
          (i) it bears what appears to be an impression of the seal of the company; and
          (ii) the sealing of the document appears to be attested by 2 persons, being persons one of whom, by virtue of paragraph (b) or (c), may be assumed to be a director of the company and the other of whom, by virtue of paragraph (b) or (c), may be assumed to be a director or to be a secretary of the company; and
     (f) that the directors, the principal executive officer, the secretaries, the employees and the agents of the company properly perform their duties to the company.

"(4) Notwithstanding sub-section (1), a person is not entitled to make an assumption referred to in sub-section (3) in relation to dealings with a company if—
     (a) he has actual knowledge that the matter that, but for this sub-section, he would be entitled to assume is not correct; or
     (b) his connection or relationship with the company is such that he ought to know that the matter that, but for this sub-section, he would be entitled to assume is not correct,
and where, by virtue of this sub-section, a person is not entitled to make a particular assumption in relation to dealings with a company, sub-section (1) has no effect in relation to any assertion by the company in relation to the assumption.

"(5) Notwithstanding sub-section (2), a person is not entitled to make an assumption referred to in sub-section (3) in relation to an acquisition or purported acquisition from a company of title to property if—
     (a) he has