The following Commercial Q&A provides comprehensive and up to date legal information covering:
Documents executed as deeds must be expressed as being executed by the company. A document will be deemed to be executed as a deed if it is duly executed by the company and delivered as a deed (section 46 of the Companies Act 2006 (CA 2006)).
Companies can execute deeds in their own name and in their own right by way of (CA 2006, s 44) by:
fixation of the company seal
signature of two authorised signatories
a director in the presence of a witness who attests to the director’s signature
As with execution of simple contracts by a company, authorised signatories will be (CA 2006, s 44(2)):
company secretary or joint company secretary
For further information on the formalities for a company executing documents, see Practice Note: Execution formalities—companies.
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