Certification of transfers: company certification represents prima facie title and negligent certification attracts equivalent liability. Company certification of a transfer is a representation that the documents produced appear on their face to give a prima facie title to the transferor, without representing actual title. Negligent erroneous certification confers on the company the same liability as fraudulent certification. The section further treats instruments bearing words like 'certificate lodged' as certificated, deems certification by authorised issuers or signatories (including officers of an authorised corporate body) to be certification by the company, and presumes a signature authentic unless shown to be unauthorised.
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Provisions expressly mentioned in the judgment/order text.
Certification of transfers: company certification represents prima facie title and negligent certification attracts equivalent liability.
Company certification of a transfer is a representation that the documents produced appear on their face to give a prima facie title to the transferor, without representing actual title. Negligent erroneous certification confers on the company the same liability as fraudulent certification. The section further treats instruments bearing words like "certificate lodged" as certificated, deems certification by authorised issuers or signatories (including officers of an authorised corporate body) to be certification by the company, and presumes a signature authentic unless shown to be unauthorised.
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