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Deeds - corporate attorney |
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Section 7(1) Powers of Attorney Act 1971 covers attorneys who are not
individuals. The basic rule is that a corporate attorney can execute a
deed in the same manner appropriate to the corporation on whose
behalf he is executing the deed. A company can therefore execute on the
donor’s behalf (i) by using its own common seal; (ii) by the signature of
two authorised signatories (ie two of its directors, or a director and
secretary); or (iii) by the signature of a single director in the presence of
a witness who attests the signature.
It is worth noting that s74(4) LPA 1925 provides a statutory alternative
in the case of conveyances of property. A corporation that has authority
under a power of attorney to convey an interest in land in the name of or
on behalf of the donor (which may or may not be another corporation)
can rely on s74(4). Thus, the instrument may be executed by being
signed, in the name of the donor, by an officer appointed for that
purpose by the board of the directors (in which case, it must be signed
in the presence of a witness who attests the signature). In short, a
corporate attorney can execute via an officer (but always verify that he
or she has been appointed for that purpose by the board of directors
or other governing body of the attorney corporation). Source:
www.practicallaw.com (subscription service). © Practical Lawyer
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April 2008 |
