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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.
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.
What Is Execution of a Deed? Execution is the process by which a party to a document shows it intends to formally accept and be bound by its terms. There are strict legal formalities for execution which differ depending on who or what is the party, e.g., an individual, a UK company, an overseas company etc..
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.
Most commonly, the sorts of documents that need to be deeds are transfers of land, some leases or tenancies, mortgages, powers of attorney, wills and certain business agreements (eg, shareholders agreements, partnership agreements and even some employment contracts).
A deed is a written document which is executed with the necessary formality (that is, more than a simple signature), and by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds are generally enforceable despite any lack of consideration.
be in writing. make clear on its face that it is intended to be a deed by the person making it or the parties to it. be validly executed as a deed by the person making it or one or more of the parties to it (section 1 of the Law of Property (Miscellaneous Provisions) Act 1989)
Section 45 states that an individual may execute a document as a deed if: the individual signs the document. the document is expressed to be an "indenture", "deed" or be "sealed". and. the document is signed and attested to by at least one witness not being a party to the document.
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