Hi there,
I have a situation whereby a Unit Trust Deed (for which the trustee is a company) was signed by the directors of the trustee company. One of the directors was listed using a shortened name (e.g Ben instead of Benjamin, Mick instead of Michael). The director isn't one of the unit holders (so the unit holders are all listed correctly.)
The current issue is that the bank is refusing to open a bank account for the trust citing the difference between the director's listed name in ASIC (which is the full-length name e.g. Michael) rather than the shortened name. The full-length name is also the official (e.g. driver's license) name of the director.
The question is, does the shortened name make the trust deed (or in fact any legal documents, director's signature on company resolutions, contracts, etc.) void or legally problematic?
For the specific case of the deed, there are 3 signatures (2 of them without issues) and the trustee company's constitution requires only 2 directors' signatures so even if the one signature is "invalid" would the deed still be valid considering there are two valid signatures on it also?
And I am very interested in general whether other official documents would also be valid/invalid if they show the shortened name in printed form.
For clarity, the signature doesn't have either the shortened or full-length name it's just the printed name shown above which the signature was placed.
Perhaps as an additional "bonus" question, would the omission of middle names (when someone's legal name for example is Susan Emily Jones) e.g. Susan Jones on the document be "more acceptable" or fine whereas say Sue Jones might not be?
Many thanks for your insights into this.
I have a situation whereby a Unit Trust Deed (for which the trustee is a company) was signed by the directors of the trustee company. One of the directors was listed using a shortened name (e.g Ben instead of Benjamin, Mick instead of Michael). The director isn't one of the unit holders (so the unit holders are all listed correctly.)
The current issue is that the bank is refusing to open a bank account for the trust citing the difference between the director's listed name in ASIC (which is the full-length name e.g. Michael) rather than the shortened name. The full-length name is also the official (e.g. driver's license) name of the director.
The question is, does the shortened name make the trust deed (or in fact any legal documents, director's signature on company resolutions, contracts, etc.) void or legally problematic?
For the specific case of the deed, there are 3 signatures (2 of them without issues) and the trustee company's constitution requires only 2 directors' signatures so even if the one signature is "invalid" would the deed still be valid considering there are two valid signatures on it also?
And I am very interested in general whether other official documents would also be valid/invalid if they show the shortened name in printed form.
For clarity, the signature doesn't have either the shortened or full-length name it's just the printed name shown above which the signature was placed.
Perhaps as an additional "bonus" question, would the omission of middle names (when someone's legal name for example is Susan Emily Jones) e.g. Susan Jones on the document be "more acceptable" or fine whereas say Sue Jones might not be?
Many thanks for your insights into this.