Letters of authority
It is expected that an application/notification/correspondence will be signed by the entity that holds the authority or is lodging the application, where the applicant or authority holder is an individual.
Where the applicant or authority holder is not an individual, it is expected that the application/notification/correspondence will be signed by an individual that holds an appropriate position of responsibility within the organisation, and that when they sign they will identify their position.
An appropriate position of responsibility is considered to be a Director, Company Secretary, CEO, President or Vice President.
Some organisations, such as Governments, Government departments, foreign organisations, incorporated bodies and government bodies don’t always have positions that use these titles. In these cases, a person holding an equivalent position, such as a Deputy Director or Director General, may be able to sign without the need to provide a letter of authority. If in doubt, refer the matter to the Registrar.
A letter of authority is required in the following situations:
- If the application/notification is from an individual, and the paperwork has been signed by someone other than the applicant/notifier (so paperwork is signed by a third party)
- If the application/notification is from an organisation and the Director/Company Secretary/CEO/President/Vice President box is not ticked
- If the application/notification is from an organisation and the person signing has stated their position to be an equivalent of Director/Company Secretary/CEO/President/Vice President a letter of authority may be required (refer to Registrar)
A letter of authority must:
- Be signed by the appropriate party
- Be on company letter head (if organisation)
- Authorise a third party, by name, to sign on behalf of the appropriate party
The simple template for a letter of authority is provided as a guide for situations where a company Director, Company Secretary, CEO, President or Vice-President is authorising another individual to sign registration related forms on behalf of the organisation. The authorised individual should retain the original of the letter and submit a copy each time he/she signs and lodges a registration related form. CASA will not hold copies of letters of authority for future use.
If a Director, Company Secretary, CEO, President or Vice-President holds the same position for various companies within a group and he/she wishes to authorise someone to sign on behalf of the whole group, the letter can be amended by listing all company names at the appropriate points within the letter.