Common Seal no longer mandatory. ... validly executed as a deed upon delivery of the deed. Instead, a company may execute such documents simply by signature on behalf of the company by: Note also that there is a rebuttable statutory presumption that a document executed as a deed by a company or LLP is delivered on execution, unless a contrary intention is proved. govern only Singapore companies. The authority to act as an agent or an attorney of a foreign corporation for the execution of deeds has to be by way of a valid power of attorney or document of authorization in accordance with the laws of the territory of incorporation. foreign companies should therefore continue to sign deeds in the same way as under existing law and practice; 5. Foreign companies executing Singapore law governed deeds will either need to affix a seal or continue to rely having the deed executed by an attorney pursuant to section 41(8) of the Companies Act. The main statutory provisions for execution of deeds by companies are: section 36A of the Companies Act 1985 - which applies principally to companies incorporated under the Act and its predecessors - as augmented by the new section 36AA. Specialist advice should be sought in relation to the execution of deeds by foreign corporations. The best way to deal with delivery of a deed is to have clear wording in the document setting out that the deed will be delivered on the date appearing at the head of the document. Deeds, Consents, Applications. Execution by a foreign corporation in Hong Kong which has no seal. If documents executed by a foreign party refer to a place of execution outside Russia, the document should be apostilled or legalised, as appropriate. We are often asked to provide advice to our clients on proper execution of documents. Execution of Deed by a Receiver; 1. ... 5 Foreign company. — (1) A document is validly executed by an overseas company as a deed for the purposes of section 1(2)(b) of the Law of Property (Miscellaneous Provisions) Act 1989 (c.34) and for the purposes of the law of Northern Ireland if, and only if— (a) it is duly executed by the company, and (b) it is delivered as a deed. EXECUTION OF DEEDS BY FOREIGN COMPANIES. Execution of Documents: Procedures relating to the execution of documents by companies, the execution of deeds by foreign companies and the execution of documents governed by the laws of the Cayman Islands have been clarified. This also covers how, as a contracting party, our clients can protect themselves against allegations that the contract was not properly entered into by … Deeds: why signing formalities are important . Execution clause: overseas companiesby Practical Law CorporateRelated ContentStandard form execution clauses (or attestation clauses) for the execution by a company incorporated outside of the United Kingdom of a contract or deed governed by the laws of England and Wales or Northern Ireland. Delivery As with other forms of execution of a deed, where a deed purports to have been executed under ss 127(2) and 127(3) of the Corporations Act, it will only take effect from the time it is delivered rather than when it is dated or executed. The 2009 Regulations state that a document (including a deed) can be validly executed under English law by an overseas company using either of the following methods: by affixing its common seal; in any manner permitted by the laws of the territory in which the overseas company is incorporated for the execution of documents by that company. Execution clause: overseas companiesby Practical Law CorporateRelated ContentStandard form execution clauses (or attestation clauses) for the execution by a company incorporated outside of the United Kingdom of a contract or deed governed by the laws of England and Wales or Northern Ireland. Singapore English 中文. They allow the English courts to recognise that a foreign company has validly executed a document, even if the manner of execution would not necessarily be effective for an English company, but do not avoid the need to check that execution was valid under the relevant foreign law (i.e. Further, where a document is signed by a person who, in accordance with the laws of the territory in which an overseas company is incorporated, is acting under the authority (express or implied) of the company, and is expressed (in whatever form of words) to be executed by the company, has the same effect as if executed under the company’s common seal. Specialist advice should be sought in relation to the execution of deeds by foreign corporations. The execution of deeds by a company’s administrator, receiver or liquidator is covered in Execution of deeds following appointment of a nominee, supervisor, administrator, receiver or liquidator.