Section 128 — Corporations Act 2001 (Cth)

(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.

(2) A person is entitled to make the assumptions in section 129 in relation to dealings with another person who has, or purports to have, directly or indirectly acquired title to property from a company. The company and the other person are not entitled to assert in proceedings in relation to the dealings that any of the assumptions are incorrect.

(3) The assumptions may be made even if an officer or agent of the company acts fraudulently, or forges a document, in connection with the dealings.

(4) A person is not entitled to make an assumption in section 129 if at the time of the dealings they knew or suspected that the assumption was incorrect.

Related sections

• s 125 — Constitution may limit powers and set out objects
• s 126 — Agent exercising a company’s power to make contracts and execute documents (including deeds)
• s 127 — Execution of documents (including deeds) by the company itself
• s 129 — Assumptions that can be made under section 128
• s 130 — Information available to the public from ASIC does not constitute constructive notice
• s 131 — Contracts before registration

Research how courts apply s 128

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