Section 128 Corporations Act
Section 128 of the act sets out the circumstances in which the assumptions contained in section 129 are able to be relied upon.
Section 128 corporations act. Sch 1 items 1 7 9 12. Section 127 1 and counterparts under s127 1 of the corporations act a document is validly executed if signed by two directors or one director and a company secretary of the company. Treasury laws amendment enhancing whistleblower protections act 2019 c2019a00010.
Director or company secretary. Corporations act 2001 sect 129 assumptions that can be made under section 128. An act to make provision in relation to corporations and financial products and services and for other purposes.
In this section territory means any territory referred to in section one hundred and twenty two of this constitution in respect of which there is in force a law allowing its representation in the house of representatives. Corporations act 2001 sect 128 entitlement to make assumptions 1 a person is entitled to make the assumptions in section 129 in relation to dealings with a company. The company is not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect.
Regarding s 128 129 of the corporations act 2001 cth. Sch 1 items 1 46. Section 128 allows assumptions to be made in respect of persons appearing to be authorised to engage in dealings for a company.
The assumptions permitted under the act are strong in that under section 128 3 of the corporations act the assumptions may be made even if an officer or agent of the company acts fraudulently or forges a document. In particular a third party is entitled to rely on the assumptions in section 129 of the act even if the company acts fraudulently in connection with the dealings so long as the person making the assumption did not know or suspect that the assumption was incorrect at the time of dealings. Commonwealth of australia constitution act sect 128.
Corporations amendment crowd sourced funding for proprietary companies act 2018 c2018a00106. An act to make provision in relation to corporations and financial products and services and for other purposes.