Q&As

Can a deed be witnessed electronically using an e-signing platform?

read titleRead full title
Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 24/11/2020

The following Commercial Q&A produced in partnership with Lynne Counsell of 9 Stone Buildings provides comprehensive and up to date legal information covering:

  • Can a deed be witnessed electronically using an e-signing platform?
  • Formalities for a deed
  • Virtual execution of deeds
  • Electronic signatures

Can a deed be witnessed electronically using an e-signing platform?

Formalities for a deed

The following are the necessary requirements for a deed:

  1. it must be in writing

  2. it must make it clear that it is intended to be a deed. This will usually be clear on the face of the document with words such as ‘executed as a deed on [date]’

  3. it must be validly executed as a deed

  4. it must be delivered

The method and form of execution for a deed will vary depending on the type of legal entity that is executing the deed.

The two most common situations in which a deed needs to be witnessed are execution by an individual and execution by one director on behalf of a company.

In order for a deed to be validly executed by an individual it must be:

  1. signed by them

  2. attested by a witness. Each party must sign ‘in the presence of a witness who attests the signature’

  3. delivered as a deed

Alternatively, it may be signed at the individual’s direction but only if it is signed in their presence and the presence of two witnesses who each attest the signature.

In the case of a company a deed can be validly executed by:

  1. affixing the company seal in accordance with the company’s articles of association, or

  2. being signed by two authorised signatories (being every director and the

Related documents:

Popular documents