1988 Ed.]
Conveyancing and Property
[CAP. 219
13
(2) A solicitor producing an instrument containing a receipt for consideration shall be deemed to be authorized to receive that consideration unless the person liable to pay that consideration is served with a notice in writing stating that the solicitor is not so authorized.
[cf. U.K. 1925 c. 20, ss. 67, 68 & 69]
Execution of deed by individual
19. (1) A deed by an individual shall be signed by him.
(2) A document shall be presumed to have been sealed by an individual if the document signed by him-
(a) describes itself as a deed; or
(b) states that it has been sealed; or
(c) bears any mark, impression or addition intended to be or to represent a seal or the position of a seal.
(3) Subsection (1) applies only to documents executed after the commencement of this section.
(4) Subsection (2) applies to a document executed before or after the commencement of this section.
(5) This section does not affect any other law by which an individual may authorize another person to sign a deed on his behalf. (Added, 31 of 1988, s. 10)
Execution of deed by corporation
20. (1) In favour of a person dealing with a corporation aggregate in good faith, his successors in title and persons deriving title under or through him or them, a deed shall be deemed to have been duly executed by the corporation if the deed purports to bear the seal of the corporation affixed in the presence of and attested by its secretary or other permanent officer of the corporation and a member of the corporation's board of directors or other governing body or by 2 members of that board or body. (Amended, 31 of 1988, s. 11)
(2) Where a person is empowered to execute a deed by a corporation, he may execute the deed as agent by signing the name of the corporation or his own name and by affixing his own seal. (Amended, 31 of 1988, s. 11)
(3) Where a corporation aggregate is empowered to execute a deed by another person, an officer appointed for that purpose by the board of directors or other governing body of the corporation may execute the deed in the name of such other person; and where a deed purports to be so executed then the deed shall, in favour of a person dealing with the corporation in good faith, be deemed to have been executed by an officer duly authorized.
(4) This section applies to transactions wherever effected, but only to deeds executed after the commencement of this section; except that, in the case of powers of appointment of an officer, they apply whether the power was conferred or the appointment was made before or after the commencement of this section.
[cf. U.K. 1925 c. 20, s. 74]
1988 Ed.]
Conveyancing and Property
[CAP. 219
13
(2) A solicitor producing an instrument containing a receipt for considera- tion shall be deemed to be authorized to receive that consideration unless the person liable to pay that consideration is served with a notice in writing stating that the solicitor is not so authorized.
[cf. U.K. 1925 c. 20, ss. 67, 68 & 69]
Execution of deed by individual
19. (1) A deed by an individual shall be signed by him.
(2) A document shall be presumed to have been sealed by an individual if the document signed by him-
(a) describes itself as a deed; or
(b) states that it has been sealed; or
(c) bears any mark, impression or addition intended to be or to represent
a seal or the position of a seal.
(3) Subsection (1) applies only to documents executed after the commence- ment of this section.
(4) Subsection (2) applies to a document executed before or after the commencement of this section.
(5) This section does not affect any other law by which an individual may authorize another person to sign a deed on his behalf. (Added, 31 of 1988, s. 10)
Execution of deed by corporation
20. (1) In favour of a person dealing with a corporation aggregate in good faith, his successors in title and persons deriving title under or through him or them, a deed shall be deemed to have been duly executed by the corporation if the deed purports to bear the seal of the corporation affixed in the presence of and attested by its secretary or other permanent officer of the corporation and a member of the corporation's board of directors or other governing body or by 2 members of that board or body. (Amended, 31 of 1988, s. 11)
(2) Where a person is empowered to execute a deed by a corporation, he may execute the deed as agent by signing the name of the corporation or his own name and by affixing his own seal. (Amended, 31 of 1988, s. 11)
(3) Where a corporation aggregate is empowered to execute a deed by another person, an officer appointed for that purpose by the board of directors or other governing body of the corporation may execute the deed in the name of such other person; and where a deed purports to be so executed then the deed shall, in favour of a person dealing with the corporation in good faith, be deemed to have been executed by an officer duly authorized.
(4) This section applies to transactions wherever effected, but only to deeds executed after the commencement of this section; except that, in the case of powers of appointment of an officer, they apply whether the power was conferred or the appointment was made before or after the commencement of this section.
[cf. U.K. 1925 c. 20, s. 74]
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