Chapter VIII - Evidence, Etc.
Section 41
Section 41: Statements through lawful representatives
Section 41 provides a representative route when a person cannot make a required statement or perform a permitted or required act because of the incapacity described by the statute. The historical terms appear in the statutory heading; the guidance concerns valid representation and authority.
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Need advice on Section 41?
This article is for general information. Refer to the Designs Act, 2000 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(1) If any person, is by reason of infancy, lunacy or other disability, incapable of making any statement or doing anything required or permitted by or under this Act, the lawful guardian, committee or manager (if any) of the person subject to the disability, or, if there be none, any person appointed by any court possessing jurisdiction in respect of his property, may make such statement or a statement as nearly corresponding thereto as circumstances permit, and do such thing in the name and on behalf of the person subject to the disability.
(2) An appointment may be made by the court for the purposes of this section upon the petition of any person acting on behalf of the person subject to the disability or of any other person interested in the making of the statement or the doing of the thing.
Rule and business relevance
The lawful guardian, committee or manager may act in the person's name and on their behalf. Where there is none, a person appointed by a court with jurisdiction over the person's property may act. Subsection (2) describes who can petition for that appointment.
Limits and related provisions
A family relationship or commercial interest alone does not automatically establish the representative authority required. The actual incapacity, lawful appointment and current applicable representation law must be considered. A representative statement may correspond as nearly as circumstances permit, but that does not authorise invented facts.
Hypothetical business example
Hypothetical: a minor design proprietor needs a statutory statement made. The person assisting obtains evidence of lawful guardianship or the required court appointment instead of signing solely because they are a relative.
Practical decision flow
Identify the statement or act and the person's relevant inability to undertake it.
Establish the lawful guardian, committee, manager or court-appointed person's authority.
Make the statement or perform the act in the person's name and keep the authority and supporting evidence on record.
Practical checklist
Do
- Identify the statement or act and the person's relevant inability to undertake it.
- Establish the lawful guardian, committee, manager or court-appointed person's authority.
- Make the statement or perform the act in the person's name and keep the authority and supporting evidence on record.
Avoid
- A family relationship or commercial interest alone does not automatically establish the representative authority required. The actual incapacity, lawful appointment and current applicable representation law must be considered. A representative statement may correspond as nearly as circumstances permit, but that does not authorise invented facts.
Glossary
- Lawful representative
- The person with the authority described by this provision and applicable law.
- Court appointment
- Appointment by a court possessing the jurisdiction specified in the section.
Frequently asked questions
Can any relative sign automatically?
No. The section specifies lawful representative roles and, if none exists, a court-appointed person.
Whose name is used for the act?
The representative acts in the name and on behalf of the person subject to the relevant incapacity.
Who may seek the court appointment?
Subsection (2) permits a petition by a person acting on behalf of that person or another person interested in making the statement or doing the thing.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026