Q&As

What are the formalities for an attorney executing a deed on behalf of a company?

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Published on LexisPSL on 05/04/2019

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

  • What are the formalities for an attorney executing a deed on behalf of a company?
  • Execution of deeds by companies
  • Execution by attorney on behalf of company

Execution of deeds by companies

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:

  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

As with execution of simple contracts by a company, authorised signatories will be (CA 2006, s 44(2)):

  1. all directors

  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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