The statutory assumptions under ss 128 and 129 of the Corporations Act 2001 (Cth) are capable of creating proprietary interests in favour of persons dealing with a company, not merely contractual rights. A third party who subsequently acquires an interest in the same property from the company cannot subvert the original dealing by relying on the invalidity of the company's execution. Under s 129(5), the relevant 'appearance' is that given by the document itself — the document need only appear on its face to have been signed in accordance with s 127(1), and s 129(5) is not linked to assumptions about ASIC records or holding out in the way predecessor provisions were.
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