Q&As

Execution of deeds by corporations formed under public Acts

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Published on LexisPSL on 25/02/2019

The following Banking & Finance Q&A provides comprehensive and up to date legal information covering:

  • Execution of deeds by corporations formed under public Acts
  • Summary
  • Materials on execution of deeds
  • What types of organisations are established by public Acts?
  • Execution of deeds by parties incorporated under public Acts

Summary

A corporation formed under a public Act that is not a registered or unregistered company under the Companies Act 2006 (CA 2006) is known as a corporation aggregate. Such a body does not benefit from the relaxations of the law relating to the affixation of seals on deeds contained in Law of Property (Miscellaneous Provisions) Act 1989 and the CA 2006 which private individuals and companies benefit from allowing them to dispense with seals on deeds. Consequently, the default position is that a body established by public Act (other than the CA 2006) should affix the seal used by the body in order to properly execute a deed. If they do so, a purchaser from such a body may be able to rely upon the presumption of due execution contained in section 74 of the Law of Property Act 1925 (LPA 1925). Similar considerations would apply to a wide array of other types of corporation aggregate created by Royal Charter.

Materials on execution of deeds

For a detailed discussion of the execution of deeds by various parties, see Practice Notes:

  1. Execution formalities—unincorporated associations

  2. Execution formalities—companies

  3. Execution formalities—overseas companies

  4. Execution formalities—non-Companies Act companies

  5. Execution formalities—incorporated charities

  6. Execution formalities—unincorporated charities

  7. Execution formalities—partnerships

  8. Execution formalities—limited liabili

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