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Forgery

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Debbiesap View Drop Down
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Joined: 25/September/2011
Location: Australia
Posts: 2
  Quote Debbiesap Quote  Post ReplyReply Direct Link To This Post Topic: Forgery
    Posted: 25/September/2011 at 13:40
f you sign someone's name to a check with their knowledge and permission- is this considered forgery. It is almost impossible to make contact with the person required to sign a document so they have given me permission to sign their name instead.

Pezza23 View Drop Down
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Joined: 13/October/2009
Location: Australia
Posts: 289
  Quote Pezza23 Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2011 at 19:25
It would be illegal.

iconoclast View Drop Down
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Joined: 04/January/2010
Location: Australia
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2011 at 23:08
I am not so sure it would be if permission to sign by another was granted. Perhaps this happened for many years and no fraudulent misuse of the funds by the approved de facto signatory could be proved. This would mean I think (but this is not legal advice) that the un-contactable account owner & signatory had acquiesced to the status quo. I think there is some precedent from both English & Aussie law but do check it out as I am not a lawyer and I do not give legal advice.

khon View Drop Down
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  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 25/September/2011 at 23:46
To protect yourself, get your friend to sign a statute declaration in front of a JP authorising you as a signatory.
Personal opinion only, should not take it as legal advice

Pezza23 View Drop Down
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Joined: 13/October/2009
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  Quote Pezza23 Quote  Post ReplyReply Direct Link To This Post Posted: 27/September/2011 at 18:49
Whether you have consent or not, you cannot sign for another person. As khon said, a stat dec would be the way to go.

MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 29/September/2011 at 21:01
Even better than a stat. dec. would be a Power of Attorney, the bank would need to sight this first and you would sign your own name and endorse it as POA followed by the other persons name.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

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