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Updated to Reflect New Land Registry Requirements

September 2019

Contracts are only valid if they are validly executed. For a contract to be enforceable, it must, amongst other things, be executed or signed in the correct manner. As a template site, it is vital that our contracts include the correct execution clauses.

This month the guidance note on the formalities for signing deeds and contracts has been updated. This is in part due to a change to the wording in prescribed form deeds executed by companies and limited liability partnerships that the Land Registry will accept going forward. In addition and in the interests of consistency, the attestation clauses in the loan portfolio of templates that may be affected by this change, such as the loan security agreements, have also been updated.

The guidance note explains the difference between a simple contract and a deed; when a deed should be used and the difference in how simple contracts and deeds should be executed. The guidance also provides a range of sample attestation clauses for individuals, companies, LLPs, partnerships and attorneys to use.

This guidance will be useful for all company directors, secretaries and administrators who execute contracts on behalf of a company or are involved in arranging for their execution.

The contents of this Newsletter are for reference purposes only and do not constitute legal advice. Independent legal advice should be sought in relation to any specific legal matter.

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