Execution formalities—companies in insolvency

The following Restructuring & Insolvency practice note provides comprehensive and up to date legal information covering:

  • Execution formalities—companies in insolvency
  • Coronavirus (COVID-19)
  • Type of document
  • Joint and several appointments
  • Proper execution of deeds
  • Virtual execution
  • Execution by company
  • Execution by administrator
  • Execution by liquidator
  • Execution by administrative receiver
  • More...

Execution formalities—companies in insolvency

When considering the methods for signature of a deed or contractual agreement, different execution blocks must be used depending on:

  1. the type of document (eg contractual agreement or deed)

  2. the entity signing the document (ie the company itself, administrator, liquidator, administrative receiver, receiver, nominee or supervisor)

Coronavirus (COVID-19)

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Type of document

Generally documents are split into:

  1. agreements/contracts (for which valuable consideration must be provided)

  2. deeds (for which no consideration is required)

Deeds are instruments which:

  1. make it clear on their face that they are intended to be a deed

  2. are validly executed as a deed

Deeds require the extra formality of being executed in the presence of a witness to be validly binding and therefore have a greater presumption of validity than an instrument merely signed by the parties, or an instrument under seal. Ideally, the witness should be independent (ie not the party's solicitor, colleague, spouse, family member, or another party to the deed) (see HM Land Registry execution formalities's Practice Guide 8 on execution of deeds). Companies regulated by the Companies Act 2006 must:

  1. duly execute the document (see below)

  2. deliver the document as

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