Commentary

1.5 Formalities for executing deeds

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

1.5 Formalities for executing deeds

| Commentary

1.5 Formalities for executing deeds

The law on the formalities for executing deeds is now mainly contained in the Law of Property (Miscellaneous Provisions) Act 1989, the Companies Act 2006 Sections 44 and 46, and the Law of Property Act 1925 Sections 74 and 74A. In relation to deeds executed by foreign companies, the Companies Act 2006 Sections 44 and 46 are supplemented by regulations1.

In summary:

  1. (a)

        Deeds must state clearly that they are deeds2. For example, they can begin: ‘This Deed ...’

  2. (b)

        Deeds executed by individuals must be witnessed3.

  3. (c)

        Deeds executed by UK companies can be executed

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