Q&As

Can a deed by a company be executed in counterpart in order to comply with section 44 of the Companies Act 2006?

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Produced in partnership with Lynne Counsell of 9 Stone Buildings
Published on LexisPSL on 31/03/2020

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 by a company be executed in counterpart in order to comply with section 44 of the Companies Act 2006?
  • Contracts and deeds
  • Execution of deeds by a company
  • Counterparts
  • Summary

Contracts and deeds

There are two types of written agreement:

  1. simple contracts. No particular formalities are required. There must be consideration and the limitation period is six years under section 5 of the Limitation Act 1980 (LA 1980). See: Formation and interpretation—overview.

  2. deeds. There is no legal definition of a deed but various formalities are required in accordance with section 1 of the Law of Property (Miscellaneous Provisions) Act 1989 (LP(MP)A 1989) in the case of an individual. The document must be clear on its face that it is intended to be a deed and be validly executed, namely signed and witnessed and delivered as a deed. An agreement made by way of deed does not require consideration and the limitation period applicable to deeds if twelve years under LA 1980, s 8. See Practice Note: Deeds.

See generally Practice Note: Executi

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