Q&As

Can Company B's attorney sign deeds for Company A?

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Published on: 24 December 2019
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Where Company A appoints Company B to execute a deed as its attorney, can an individual authorised to execute deeds for Company B under an existing power of attorney sign a deed on behalf of Company A notwithstanding that the individual derives its authority from a power of attorney that pre-dates the power of attorney granted by Company A to Company B?

authority

A company incorporated under the Companies Act 2006 (CA 2006) (ie Company A or B) may grant a person the authority to execute deeds or other documents on its behalf as its attorney, provided that instrument of authority is executed as a deed.

As long as the document executed by the attorney, in each case, is done so in accordance with the powers granted under the power of attorney, it will have the same effect as if it were executed by the company.

In each case, the company’s governing documents should be checked to ensure that the attorney has been validly appointed. For example, a company that is incorporated under CA 2006 will usually have an express power in its articles

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Jurisdiction(s):
United Kingdom
Key definition:
Power of attorney definition
What does Power of attorney mean?

A power of attorney is a document that is entered into as a deed under which one party (known as the donor) grants to the other party (known as the attorney) the power to act on behalf of and in the name of the donor.

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