Q&As

What are the requirements for the execution of a deed governed by English law by a non-UK corporate body?

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Published on LexisPSL on 12/08/2016

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

  • What are the requirements for the execution of a deed governed by English law by a non-UK corporate body?

A deed is a specific form of written instrument required for certain transactions. Deeds must be executed in accordance with statutory formalities that go beyond simple signature in order for the document to be valid and enforceable.

Two other key features of deeds that distinguish them from simple contracts are:

  1. deeds are enforceable irrespective of the lack of consideration in contrast with simple contracts, which are formed pursuant to the contract law principle that requires valuable consideration to be given for the promises being made, and

  2. the limitation period for claims made in connection with deeds is 12 years compared with the usual limitation period for breach of contract, which is six years from the date on which the cause of action accrued

The form of execution for a deed will vary depending upon the type of legal person that is executing the deed (eg an individual, a company, an attorney).

The drafting notes in Preceden

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