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CORPORATIONS ACT 2001 - SECT 87

Proper authority from futures licensee; invalid futures authority

(1) A reference, in relation to a person (in this subsection called the representative ), to a proper authority from a futures licensee (in this subsection called the principal ) is a reference to a copy of the licence on which have been endorsed:

(a)
a statement:

(i)
certifying the copy to be a true copy of the licence; and
(ii)
stating that the representative is employed by, or acts for or by arrangement with, the principal; and
(iii)
signed by the principal; and
(b)
in relation to each futures licensee (if any), other than the principal, of whom the representative is a futures representative, a statement that:

(i)
sets out the name of the licensee; and
(ii)
states that the representative is employed by, or acts for or by arrangement with, the licensee; and
(iii)
states that the licensee consents to the representative being employed by, or acting for or by arrangement with, the principal; and
(iv)
is signed by the licensee.

(2) A reference, in relation to a person (in this subsection called the representative ), to an invalid futures authority from a person (in this subsection called the principal ) is a reference to a document:

(a)
on which is endorsed a statement:

(i)
stating that the representative is employed by, or acts for or by arrangement with, the principal; and
(ii)
signed by the principal; and
(b)
that purports to be a copy of a futures licence and to be a proper authority of the representative from the principal, but is not in fact such a proper authority;

whether or not:

(c)
the principal is, or has ever been, a futures licensee; or

(d)
the document is in fact a copy of a futures licence that exists or has ever existed.

(3) For the purposes of this section, a statement is signed by a person if, and only if, it is signed:

(a)
if the person is a natural person—by the person; or

(b)
if the person is a body corporate:

(i)
by a director or secretary; or
(ii)
by an executive officer who is authorised to sign the statement.


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