Some documents have rules for who can or cannot be a witness. For example, a beneficiary named in a will cannot be a witness. Legal statements require certain groups of people who testify to the statement. But for other general agreements and contracts, there would be a quality witness: performance under the Corporations Act 2001 (Cth) – two signatories or one signatory The same considerations apply here as those discussed earlier in the section Enforcement of agreements of this application concerning performance by a company in its own (non-fiduciary) property by fixing its common seal. certified by two signatories or by the sole director and secretary of an owner company. Reference should be made to this comment if you wish to refer to section 127(2) of the Corporations Act to allow for the execution of an agreement by a company in its trustee by fixing its common seal. Use of this execution block This is an execution block for a company to perform a contract using its common seal in the presence either: The Court of Appeal also decided that this form of contractual conditions is equivalent to a written contract. As a result, the signing of the fulfillment page was a signature of a written contract in accordance with the law. The applicants did not have to prove that the respondent had been given the opportunity to read the terms of the contract.
“Shared executions” should be avoided As stated in the “Execution of acts” section of this application, a “shared execution” concerns two officials who sign different physical copies of the same agreement. The presentation of the implementation page of an agreement may seem like a small administrative formality. However, it is an essential element of the applicability of an agreement. Electronic signatures and electronic devices This execution block is generally not suitable for contracts performed electronically, as the use of a witness for evidenty purposes is not easily transposable to the electronic environment. This is explained in more detail in the Electronic Execution section. However, electronic signatures may be authorized (temporarily) during the COVID-19 pandemic. Please note: Can I use an electronic signature to sign documents during COVID-19? However, the safest thing to do is to structure your business in such a way that you can use the execution methods defined in the Corporations Act. The best opinion is that shared executions should be avoided in order to ensure compliance with Article 127(1) of the Companies Law. . . .