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Receiverships Act 1993

13: Execution of documents

You could also call this:

"Signing documents on someone else's behalf as a receiver"

Illustration for Receiverships Act 1993

When you are a receiver, you can sign documents on behalf of the person who gave you the power to act for them. You can sign these documents in their name, and they are considered to be properly signed. If the person who gave you the power is a company, as defined in the Companies Act 1993, you can sign documents on their behalf.

If the document that says you are a receiver also says you can sign documents, then you can sign them in the name of the person who gave you the power. You can even use their official stamp, called a common seal, if they have one. This means you can sign documents and use the common seal, and it is all considered to be properly done.

When you sign a document in this way, it is considered to be properly signed by the person who gave you the power. This is true even if there are other rules or laws that say something different. The document you sign is still considered to be properly signed, as long as you followed the rules that say you can sign documents on behalf of the person who gave you the power.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM327719.

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"What a grantor must do to help the receiver"

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14: Powers of receivers, or

"What a receiver is allowed to do with someone else's property"

13Execution of documents

  1. A receiver may execute in the name and on behalf of the grantor all documents necessary or incidental to the exercise of the receiver's powers.

  2. Repealed

  3. A document signed on behalf of a grantor that is a company within the meaning of section 2(1) of the Companies Act 1993 by a receiver is deemed to have been properly executed for the purposes of section 180 of the Companies Act 1993.

  4. Despite any other enactment or rule of law, or any document defining the constitution of a grantor that is a body corporate, if the instrument under which a receiver is appointed empowers the receiver to execute documents (and, if the grantor has a common seal, to use the grantor's common seal for that purpose), the receiver may execute the documents in the name and on behalf of the grantor (and, if the grantor has a common seal, the receiver may affix the common seal to the documents and attest to the affixing of the common seal).

  5. A document executed in the manner prescribed by subsection (4) is deemed to have been properly executed by the grantor.

Notes
  • Section 13(2): repealed, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).
  • Section 13(3): replaced, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).
  • Section 13(4): replaced, on , by section 14 of the Companies Amendment Act 2013 (2013 No 111).