Common seal
34 Common seal
A body corporate’s common seal must include the body corporate’s name.
The seal must not be attached to a document unless its use has been authorised by a resolution of the body corporate or its committee of management.
The attachment of the seal must be witnessed by at least 2 members of the body corporate (unless there is only 1 member, in which case the attachment of the seal must be witnessed by the member).
The body corporate must take reasonable precautions to prevent unauthorised use of the seal.
If a document appears to have the common seal of a body corporate attached, and the attachment of the seal appears to have been witnessed as required by this section—
a person dealing with the body corporate without notice of irregularity is entitled to assume that the seal was properly attached; and
in legal proceedings or proceedings before a Territory official, it must be presumed, in the absence of evidence to the contrary, that the seal was properly attached.
This section does not limit how a body corporate may execute a document.
Division 8.2 Functions of bodies corporate
This Act’s bill:Explanatory statementSecond reading speech
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