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 personby 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.