Section 1223 — Corporations Act 2001 (Cth)

(1) A document is taken to have been signed in accordance with subsection 127(1) if the document is signed by:

(a) 2 directors of the corporate director of the CCIV; or

(b) a director and a company secretary of the corporate director of the CCIV.

Note: If a document is signed in this way, a person will be able to rely on the assumptions in subsection 129(5) for dealings in relation to the CCIV.

(2) A CCIV’s common seal (if any) is taken to have been fixed to a document in accordance with subsection 127(2) if:

(a) the CCIV’s common seal is fixed to the document; and

(b) the fixing of the seal is witnessed by:

(i) 2 directors of the corporate director of the CCIV; or

(ii) a director and a company secretary of the corporate director of the CCIV.

Note: If a CCIV executes a document in this way, a person will be able to rely on the assumptions in subsection 129(6) for dealings in relation to the CCIV.

(3) A CCIV may execute a document as a deed if the document is expressed to be executed as a deed and is executed in accordance with subsection 127(1) or (2), as affected by this section.

(4) This section does not limit the ways in which a CCIV may execute a document (including a deed).

(5) This section does not limit Part 2B.1, as it applies to a CCIV subject to the modifications set out in this Chapter.

Note 1: A CCIV may appoint an agent: see section 126.

Note 2: Some provisions of this Chapter modify section 124, for example sections 1230 and 1231N.

Related sections

• s 1222Z — ASIC’s power to direct CCIV to change a sub‑fund’s name
• s 1222ZA — Effect of name change
• s 1222ZB — Registers relating to CCIVs
• s 1223A — Replaceable rules do not apply to a CCIV
• s 1223B — Requirement for a CCIV to have a constitution
• s 1223C — Retail CCIV—ASIC may direct CCIV to modify its constitution

Research how courts apply s 1223

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.