two directors or a director and a company secretary; or; a sole director and company secretary (in the case of a proprietary company). The requirements marked with an asterisk were introduced by section 1(2) of the Law of


(1) A company shall have a common seal or seals that shall state the company's name, engraved in legible characters. 43.

If the common seal is not used, then the signature requirement under section 66 would have the same effect as if the document did have a common seal.

Executed as a deed by affixing the common seal of [insert the name of the charitable company] in the presence of a director and [insert name of individual], duly authorised by [insert name of director or secretary] to attest to the affixing of the seal on its behalf as [director OR secretary] of [insert name of charitable company]:

For example, in Hewlett-Packard Australia Pty Ltd v Exceed Pty Ltd [2004] FCA 135 the document was expressed to be a deed executed by the common seal of the company. two directors or a director and a company secretary; or; a sole director who is also the company secretary (in the case of a proprietary company). Unless the original deed provides otherwise, the default position is that only a deed can vary another deed (ING Funds Management Ltd v ANZ Nominees Ltd [2009] NSWSC 243 [72]–[74]).
The mode of execution of documents by a company has also been simplified by making the keeping and the use of a common seal optional (section 124(1)).

The common law position is that local authorities must (unless there is some provision in relation to a particular type of deed) seal deeds as they are “corporations aggregate”. Receives the information. A deed must now be executed by two elected members of the local authority if it is to be legally effective.

3. validly executed*; 4. delivered. If a company has many overseas clients, it may choose to execute documents with a common seal to show legality and validity.

Execution block Download here an execution block for a deed to be executed by a company without affixing its common seal if the deed is signed by:. Unlike the common seal, the official seal for use abroad may be used by a single person (agent), who has been authorised by the company in writing under its common seal. Companies no longer had to use a common seal to execute deeds, but could instead have deeds signed by two directors or a director and company secretary. Execution of Deed by a Receiver; 1. 3.



The requirements marked with an asterisk were introduced by section 1(2) of the Law of execution by affixing a seal, but refers instead to execution by ‘directors’. Even if a constitution is silent about sealing of deeds, the authority is required to seal them - … 3. validly executed*; 4. delivered.

When an agent executes a deed on behalf of the company using the official seal, he or she must also certify by writing on the deed the date and place the seal was affixed. It remains to be seen if this FAQ document is sufficient to provide legal certainty.

A deed is a written instrument which must be executed in a specific way to allow an interest, right or property to pass or to create or confirm a binding obligation on someone. Recommendations Officers recommend that the Council: 1.

Moving forward, since 6 April 2008, only one director needs to sign a deed for a company, so long as the signature is duly witnessed.
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