Q&As

In the case of a tri-partite deed which has already been signed and executed by one party, is it possible for each of the two unsigned execution blocks to be amended to enable signature and execution in an alternate but valid way by the other two parties? If so, would the party which has already signed and executed, be required to sign and execute again?

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Published on LexisPSL on 25/11/2020

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

  • In the case of a tri-partite deed which has already been signed and executed by one party, is it possible for each of the two unsigned execution blocks to be amended to enable signature and execution in an alternate but valid way by the other two parties? If so, would the party which has already signed and executed, be required to sign and execute again?

We have assumed that:

  1. the deed is a deed of participation to join a master trust pension scheme. The employer is the party which has already signed, and the master trust provider and trustee have not yet signed

  2. the employer has signed via an authorised signatory and witness

  3. the execution blocks for the master trust provider and trustee provide for signature by via an authorised signatory and witness, but the two remaining parties wish to each execute the deed by signature of each one director and company secretary

  4. the parties that have not executed the documentation are duly authorised to execute the documentation in this manner

Under section 44 of the Companies Act 2006, a document has been executed when a company:

  1. affixes its common seal

  2. signs in accordance with the following provisions: by two authorised signatories

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