Witness to the Deed

When doing this, the signature page should clearly identify the document to which it relates.

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When the document is finalised, those organising the signing should email the final version of the document to each absent party or their lawyers and obtain confirmation from that party or their lawyers that they have agreed the final version, and that they authorise the pre-signed signature page to be attached to the final version and for the document to be dated and released. The Companies Act states that a provision requiring something to be done by a director and the company secretary is not satisfied by it being done by the same person acting both as director and secretary.

The document could instead, though, be signed by the director in the presence of a witness. The recent pensions case, Briggs v Gleeds , illustrates that the consequences can be severe. Gleeds was a partnership that operated a final salary pension scheme. Over a period of more than fifteen years from , a number of deeds of amendment were executed making significant changes to the pension scheme, including closing the scheme to the future accrual of benefits.

The High Court held that the deeds were not valid and had no effect. The case is, however, due to be appealed to the Court of Appeal on a number of points. Failure to execute contracts properly is less commonly a problem than deeds. This is because fewer formalities must be complied with when executing a simple contract. Nevertheless, it is essential that both types of document are executed properly to ensure their validity and operation as intended.

Whilst the Gleeds case is indicative of the current trend that the courts take a strict approach to observing formalities within the pensions context, the principles have wider application.

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Do all parties have to sign the same document? Do all parties have to use the same method of execution? Can a company use pre-signed signature pages in the execution of a simple contract? Can one individual execute a document as both a director and the company secretary? What are the possible consequences of executing a document incorrectly? Interested in hearing more from Osborne Clarke?

Witnesses can't be children. In California, the age of majority is 18, so witnesses must be 18 or older. Your witness must also be competent to understand what is going on. A person with dementia or with severe mental disabilities cannot be a competent witness to a deed signing, and the use of such a person might invalidate the deed if the transaction is later disputed. A witness should also be a party who does not stand to immediately benefit from a real estate transaction. It's common for people to allow their adult children or spouses to act as witnesses if they're not parties to the contract, but this could cause trouble if the transaction is disputed.

A witness also can't be one of the signers, the attorney of one of the signers, the lender or another party who has an obvious interest in the signing of the deed. Ideally, the witness should be independent as well a competent, such as a neighbor or work colleague. California law requires that a Notary Public must witness a deed signing and sign the deed, but the deed signing must also be witnessed by another person. Employees in an attorney or lender's office often witness documents.

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A secretary, paralegal or other employee might be trained to ensure that every party is a willing signer. As long as the witness can be easily reached and is known to the parties, any competent adult who meets local legal requirements is acceptable. Van Thompson is an attorney and writer.