Q&As

If an agreement has been signed by one party, can the attestation clause for the other party be changed so that it correctly reflects the manner in which that party is able to execute the agreement? Can the solicitors acting for the first party make this amendment?

read titleRead full title
Published on LexisPSL on 08/02/2018

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

  • If an agreement has been signed by one party, can the attestation clause for the other party be changed so that it correctly reflects the manner in which that party is able to execute the agreement? Can the solicitors acting for the first party make this amendment?
  • Execution of contracts/deeds

If an agreement has been signed by one party, can the attestation clause for the other party be changed so that it correctly reflects the manner in which that party is able to execute the agreement? Can the solicitors acting for the first party make this amendment?

In answering this Q&A, research has been limited to cover where a company has correctly signed one copy of a contract but the attestation clause for execution by the other party is not correct.

Execution of contracts/deeds

Companies can execute deeds in their own name and in their own right by way of:

  1. fixation of the company seal

  2. signature of two authorised signatories

  3. a director in the presence of a witness who attests to the director’s signature

(section 44 of the Companies Act 2006 (CA 2006))

As with execution of simple contracts by a company, authorised signatories will be:

  1. all directors

  2. company secretary or joint company secretary

  3. attorneys

Popular documents