Regulation 7. Verification and certification of documents. (COMPANIES REGULATIONS, 1966

P.U. 173/66
COMPANIES REGULATIONS, 1966
PART III - GENERAL PROVISIONS RELATING TO FORMS AND OTHER DOCUMENTS.

Regulation 7. Verification and certification of documents.

(1) For the purposes of paragraph (h) of subsection (1) of section 39 of the Act, a copy of a consent shall be verified by statutory declaration by a person declaring that he has compared the copy with the original consent and that it is a true copy of the consent of which it purports to be a copy.

(2) For the purposes of paragraph (c) of subsection (2) of section 42 of the Act, a copy of a consent or a material contract shall be verified by statutory declaration by a person declaring that he has compared the copy with the original consent or contract and that it is a true copy of the consent or contract of which it purports to be a copy.

(3) For the purposes of paragraph (c) of subsection (2) of section 42 of the Act, a memorandum giving particulars of a material contract not reduced into writing shall be verified by statutory declaration by a director, manager or secretary of the corporation concerned declaring -

(a)

that he is familiar with the particulars of the contract, and

(b)

that the memorandum contains full and correct particulars of the contract.

(4) For the purposes of subsection (3) of section 54 of the Act, a copy of a contract shall be certified by statutory declaration by a person declaring that he has compared the copy with the original contract and that it is a true copy of the contract of which it purports to be a copy.

[Am. P.U.(A) 120 /1969:s.3]

(5) For the purposes of subsection (3) of section 86 of the Act, a copy of a deed shall be verified by statutory declaration by a person declaring that he has compared the copy with the original contract and that it is a true copy of the contract of which it purports to be a copy.

(6) For the purposes of subsection (1) of section 234 of the Act, a statement of affairs of a company shall be verified by affidavit in accordance with Form 62 in the Second Schedule to these Regulations sworn by the person or persons who submit the statement to the liquidator of the company under subsection (2) of that section.

[Am. P.U.(A) 16 / 1986:s.5]

(7) For the purposes of paragraph (a) of subsection (1) of section 332 of the Act, a certified copy of a document referred to in that paragraph is a copy that has, within the period of three months immediately preceding the day on which it is lodged with the Registrar or within such longer period as the Registrar permits, been certified to be a true copy of an official holding or purporting to hold an office corresponding to that of the Registrar in the country or part thereof in which the foreign company concerned is formed or incorporated.

(8) For the purposes of paragraph (b) of subsection (1) of section 332 of the Act, a certified copy of a document referred to in that paragraph is a copy that has, within the period of three months immediately preceding the day on which it is lodged with the Registrar or within such longer period as the Registrar permits, been certified to be a true copy

(a)

by an official holding or purporting to hold an office corresponding to that of the Registrar in the country or part thereof in which the foreign company concerned is formed or incorporated;

(b)

by a notary public; or

(c)

by a director, manager or secretary of the foreign company by affidavit or, in the case of a foreign company formed or incorporated within the Commonwealth, by statutory declaration made by a director, manager or secretary of the foreign company.

(9) For the purposes of paragraph (e) of subsection (1) of section 332 of the Act the manner of verification of a memorandum of appointment or power of attorney is by affidavit or, in the case of a foreign company formed or incorporated within the Commonwealth, by statutory declaration by a person verifying that he, was present and did see-

(a)

the seal of the foreign company duly affixed to the memorandum of appointment or power of attorney; or

(b)

the memorandum of appointment or power of attorney duly executed on behalf of the foreign company in such manner as to be binding on the company.

(10) For the purposes of subsection (2) of section 332 of the Act, the manner of verification by statutory declaration of a copy of the deed or document referred to in that subsection is by statutory declarations by a director, manager or secretary, or by the agent of the foreign company declaring that he has compared the copy with the original deed or document and that it is a true copy of the deed or document of which it purports to be a copy.