Where a commercial credit facility and guarantee are completed by lay people and the identity of the principal debtor is apparent from the documents read as a whole, the insertion of an individual's name in fields designated for the company does not create ambiguity sufficient to enliven the strictissimi juris principle of guarantee construction. Section 127(1) of the Corporations Act 2001 (Cth) is not mandatory, and a person dealing with a company is entitled to rely on the s 129(5) assumption of due execution where a document appears to have been signed in accordance with s 127(1), unless they knew or suspected the assumption was incorrect.
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