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Contents (2009 - 7)
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Associations Incorporation Act 2009 No 7
Current version for 7 July 2017 to date (accessed 23 August 2017 at 03:08)
Part 3 Division 1
Division 1 Association powers
19   Legal capacity and powers
(cf Corporations Act 2001 of the Commonwealth, section 124)
(1)  An association has the legal capacity and powers of an individual both in and outside New South Wales.
(2)  An association’s legal capacity to do something is not affected by the fact that the association’s interests are not, or would not be, served by doing it.
20   Constitution may limit powers
(cf Corporations Act 2001 of the Commonwealth, section 125)
(1)  An association’s constitution may contain an express restriction on, or a prohibition of, the association’s exercise of any of its powers, but the exercise of a power by the association is not invalid merely because it is contrary to such a restriction or prohibition.
(2)  An act of an association is not invalid merely because it is contrary to or beyond the association’s objects.
21   Agent exercising association’s power to make contracts
(cf Corporations Act 2001 of the Commonwealth, section 126)
(1)  An association’s power to make, vary, ratify or discharge a contract may be exercised by an individual acting with the association’s express or implied authority and on behalf of the association.
(2)  This section does not affect the operation of a law that requires a particular procedure to be complied with in relation to the contract.
22   Execution of documents (including deeds) by an association
(cf Corporations Act 2001 of the Commonwealth, section 127)
(1)  An association may execute a document without using a common seal if the document is signed by 2 of its authorised signatories.
(2)  An association with a common seal may execute a document if the seal is fixed to the document and the fixing of the seal is witnessed by 2 of its authorised signatories.
(3)  An association 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 (1) or (2).
(4)  This section does not limit the ways in which an association may execute a document (including a deed).
(5)  This section does not authorise an association to execute a document contrary to the provisions of its constitution.