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Deeds must be in writing and will typically be executed in the presence of a witness, although in the case of a company a deed may be executed effectively by two directors or a director and the company secretary. Specific wording should also be included above the signature blocks.
Deeds must be in writing and will typically be executed in the presence of a witness, although in the case of a company a deed may be executed effectively by two directors or a director and the company secretary. Specific wording should also be included above the signature blocks.
When a person “executes” a document, he or she signs it with the proper “formalities”. For example: If there is a legal requirement that the signature on the document be witnessed, the person executes the document by signing it in the presence of the required number of witnesses.
A deed is a special type of binding promise or commitment to do something. The substantial requirement of a deed is that it be intended by the executing party to be the most serious indication to the community that she or he really means to do what has been agreed between the parties.
Signing as a deed requires those very words and the signature of the person “making” the deed. The signature should be on the document itself approximately in the space provided. The words of execution should name the signatory or otherwise make clear who has signed the document.
A deed must be executed: by affixing the company's common seal under s 127 of the Corporations Act or by an attorney (see below). Similarly, a CATS Act corporation must execute a deed: by affixing the corporation's common seal under s 99-5 of the CATS Act or by an attorney (see below).
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
The option to record a deed is a service offered by a local government, so the public has notice of the current ownership of property. Also, there is no law that prevents a valid deed from being recorded at any time, even years after the official transfer takes place.
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