Can a document signed by one director be a counterpart?

So, a document signed by one director (without a witness) has not been validly executed as a deed and cannot be a counterpart. A second document containing the signature of another director cannot make the two documents into a counterpart.

Can a director sign on behalf of a company?

If the directors do not do this, then one authorised person (a director, company secretary or any other person authorised to sign) can sign and this must be in the presence of a witness. Can the same individual sign as a director and the secretary on behalf of a company? No.

What does it mean to sign a document in counterpart?

In order to speed up the process of signing a document, the document may be signed ‘in counterpart’. This is where a copy of the document is produced for each party signing. The parties then each sign one of the copies rather than all of them, which, when brought together, form a complete executed document.

Who are the authorised signatories of a company document?

All documents which previously required execution by affixing a company seal are no longer subject to that requirement and can now be executed by either two authorised signatories (a director and the company secretary or two directors) or a single director in the presence of a witness.

Who are the authorised signatories on a company document?

It can do this in one of three ways: Using two “authorised signatories” as defined in the Companies Act 2006 as every director and the company secretary (but note that one individual who is both director and company secretary may not count as two authorised signatories); Using one director’s signature, which must be witnessed; or

Can a company sign using a director plus witness?

If a company signs using a director plus witness, the Law Commission’s view is that the current law probably does not allow for “remote” witnessing such as by video link, so any witness would have to be physically present with the signatory.