Q&As

What is the protocol for arranging for executing a deed when the signing parties are not physically present?

read titleRead full title
Published on LexisPSL on 15/05/2020

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

  • What is the protocol for arranging for executing a deed when the signing parties are not physically present?
  • Execution
  • Individuals
  • Companies
  • Limited Liability Partnerships
  • Limited partnerships
  • Partnerships
  • Witnesses
  • Virtual execution
  • Process of execution
  • More...

In conducting research, execution of deeds generally and the protocol for virtual executions have been focussed on.

Execution

The various requirements for executing deeds in the correct way in order to be valid are set out in a number of pieces of legislation depending on the nature of the party executing the deed.

Individuals

An instrument is validly executed as a deed by an individual only if it is signed by him in the presence of a witness who attests the signature. The witness must be present at the time of execution: it is not sufficient for the witness to attest the signature separately at a later date (section 1(3) of the Law of Property (Miscellaneous Provisions) Act 1989).

Companies

Under the Companies Act 2006 (CA 2006), 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 (two directors or a director and the secretary), or

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

Limited Liability Partnerships

The execution of deeds by limited liability partnerships (LLPs) is governed by CA 2006, s 44(2), as modified by regulation 4 of the Limited Liability Partnerships (Application of Companies Act 2006) Regulations 2009, SI 2009/1804 (SI 2009/1804, reg 4).

An LLP can execute a deed by:

  1. affixing its common seal

  2. signature by two of its members,

Related documents:

Popular documents