Details
Incorrect execution can lead to documents being invalid or unenforceable. Ensure that you are following the correct procedures with this fully updated and revised second edition of Execution of Documents.
Practical and user-friendly, this guide covers documents such as deeds, contracts, powers of attorney, and documents used in litigation. This expanded edition features a chapter dealing with notarisation and also covers new methods of signing documents including the use of electronic signatures. This edition takes account of changes made by:
- The Regulatory Reform (Execution of Deeds and Documents) Order 2005 - introducing rules for making deeds for companies and other corporations
- Part 4 of the Companies Act 2006 - creating provisions relating to the execution of deeds and other documents by companies and the use of the company seal
The 2006 High Court decision in J Pereira Fernandes SA v Metha - which decided that an email which does not include the name of the sender typed into the body of text does not constitute a signed document.
Part I - Procedural guide:
1. Agreements under hand;
2. Execution of a deed by an individual;
3. Execution of a deed by a corporation (non-CA 2006 or CA 1985);
4. Execution of a deed by a company formed under, or regulated by, CA 2006 (or CA 1985);
5. Execution of a deed by a limited liability partnership;
6. Execution of a deed by a company incorporated outside Great Britain;
7. Execution of a deed by a local authority;
8. Execution of a deed by a partnership;
9. Statutory declarations;
10. Powers of attorney;
11. Statements of truth;
12. Affidavits;
Part II - Legal commentary:
13. Agreements under hand;
14. Execution of a deed by an individual;
15. Execution of a deed by a corporation (non-CA 2006 or CA 1985);
16. Execution of a deed by a company formed under, or regulated by, CA 2006 (or CA 1985);
17. Execution of a deed by a limited liability company;
18. Execution of a deed by a company incorporated outside Great Britain or United Kingdom;
19. Execution of a deed by a local authority;
20. Execution of a deed by a partnership;
21. Statutory declarations;
22. Powers of attorney;
23. Statements of truth;
24. Affidavits;
Part III - Specific issues: 25.
Electronic signatures;
26. Commissioners for oaths;
27. Other persons authorised to administer oaths;
28. Notaries public;
29. Welsh language;
30. Criminal offences;
31. Fees and value added tax;
Appendices.
Mark Anderson is principal of Anderson & Co, a commercial law firm specialising in intellectual property and technology transfer. He is the author of several books including Drafting Confidentiality Agreements, 2nd Edition(Law Society, 2004), Drafting and Negotiating Commercial Contracts, and A-Z Guide to Boilerplate and Commercial Clauses. Mark has also written extensively for the Encyclopaedia of Forms and Precedents.
Victor Warner is a notary and an associate with Anderson & Co. He is also co-author of A-Z Guide to Boilerplate and Commercial Clauses and Drafting and Negotiating Commercial Contracts, and has contributed to theEncyclopaedia of Forms and Precedents.
"It is written in clear, plain language and in ample detail for its intended audience. This is a useful and practical reference book for practitioners containing many precedents, both traditional and modern It is a first class 'dipper'."
Solicitors Journal
