CGOV.3:4.2 - Trace a delegation and its limits

Where the act relies on delegation, identify the delegating power, recipient, permitted acts, conditions and effective period. Check whether the source permits the delegation and, where relied on, further delegation. A person’s title can help find that basis but does not supply its terms.

Apply the limits to the whole proposed act: for example, amount, kind of transaction, territory or requirement for joint action. A reserved matter is a matter retained for a specified decision or consent. Resolve its interaction with the delegation rather than treating the two as interchangeable permission labels.

Separate the authority to decide from the authority to communicate, sign or implement the result where different rules govern them. Also retain any other party’s required consent. An organ’s decision power does not establish that the consent has been given.