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University Seal and Signing Documents Rule

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Section 1 - Overview

(1) The University has a Seal as an identifier of its status as a body corporate. The Seal may be used to authenticate documents in the University's name and is most commonly affixed to testamurs and other award certificates, but may also be affixed to deeds, agreements and to other such documents as Council may determine. Affixing the Seal to a document indicates that the document is formal, or in the case of a deed, creates legally binding relations.

(2) Deeds, agreements and other documents to which the University is a party may only be signed by persons authorised to do so on behalf of the University.

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Section 2 - Scope

(3) This Rule determines the custody of the University Seal, the documents to which the Seal is to be affixed, the signatories to the Seal, and the recording of the use of the Seal. This Rule is made pursuant to Section 29 of the UNE Act and Section 25 of the UNE By-law. For the purposes of Section 27 of the UNE Act, where the Seal is affixed to a document in accordance with this Rule it will be taken to have been affixed pursuant to a resolution of Council.

(4) This Rule also determines the way in which persons may be authorised to sign deeds, agreements and other documents on behalf of the University.

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Section 3 - Policy

University Seal

(5) That pursuant to Section 27 of the University of New England Act 1993 the Council directs that the seal of the University be kept in a secure place at the direction of the Legal Counsel.

(6) That, pursuant to By-Law 5.2, the Council appoints any two of the following officers: the Chancellor, Deputy Chancellor, Vice-Chancellor and Chief Executive Officer, the Chair of Academic Board or the Chief Legal and Governance Officer, to sign an attestation on a document to which the Seal of the University is affixed pursuant to a resolution of the Council.

(7) That by the authority of Section 27 of the University of New England Act 1993, and subject to paragraph 6

  1. above, the Council authorises the affixing of the Seal of the University to:
  2. testamurs and other academic certificates issued to any person as evidence that an award has been conferred upon that person by the University;
  3. official messages of congratulations or greetings to educational institutions celebrating special occasions;
  4. documents which are required by law to have the seal affixed;
  5. documents relating to the investment of University funds, including the acceptance of rights or bonus shares, applications for or redemption of shares or debenture stock;
  6. reassignment, surrender or maturity of life assurance policies under the Professorial Superannuation Scheme, and
  7. Deeds, agreements and other documents to which the University is a party, and to which the Vice-Chancellor and Chief Executive Officer or Chief Legal and Governance Officer has approved the affixing of the Seal.
  8. such other documents as Council determines.

(8) That the affixing of the Seal in accordance with paragraph 7 shall be advised to the next meeting of Council;

(9) That the Legal Counsel shall keep a register of the use of the seal of the University and shall record in the register, in relation to each occasion on which the Seal of the University is affixed to a document: 5.1. the authority for affixing the Seal;

  1. the nature of the document to which the Seal is affixed;
  2. the date on which the seal is affixed; and
  3. the persons who signed the document.

Signing of documents

(10) Deeds, agreements and other documents to which the University is a party may only be signed by persons authorised to do so on behalf of the University.

(11) A deed, agreement or other document may be executed by the University in accordance with Section 50 of the Interpretation Act. The Seal may be affixed to such documents in accordance with this Rule, but the affixing of the Seal is not mandatory and the decision whether to affix the Seal will be made by the Vice-Chancellor or Legal Counsel.

(12) In accordance with Section 50 of the Interpretation Act, the Vice-Chancellor and Chief Executive Officer is the principal officer of the University and is authorised to sign deeds, agreements and other documents on behalf of the University. The Vice-Chancellor and Chief Executive Officer may delegate this authority to sign documents to other staff members and may place limits and conditions on such delegations.

(13) In exercising the authority to sign deeds, agreements and other documents on behalf of the University, the Vice-Chancellor and Chief Executive Officer (and any staff members acting under his/her delegated authority) are directed by Council not to exceed the authority otherwise given by Council, including any limitations under:

  1. a specific approval or resolution of Council;
  2. the Authorities Retained by Council Rule; and
  3. the Schedule of Financial Delegations.
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Section 4 - Definitions

(14) Definitions-Words and phrases used in this document have the following meanings, unless the context requires otherwise:

(15) Chancellor means the Chancellor of the University, with functions conferred or imposed upon him/her by or under Section 10 of the Act.

(16) Council means the Council of the University of New England.

(17) Deputy Chancellor means the Deputy Chancellor of the University, with functions conferred or imposed upon him/her by or under Section 11 of the Act.

(18) Interpretation Act means the Interpretation Act 1987 (NSW).

(19) Legal Counsel means the solicitor on the record for the University.

(20) Vice-Chancellor means the Vice-Chancellor of the University, with functions conferred or imposed upon him/her by or under Section 12 of the Act

(21) UNE Act means the University of New England Act 1993 (NSW).

(22) UNE By-law means the University of New England By-law 2005 (NSW).

(23) University means the University of New England.