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PART 1.5 - SMALL BUSINESS GUIDE    View history reference

7  Signing company documents  

A company's power to sign, discharge and otherwise deal with contracts can be exercised by an individual acting with the company's authority and on its behalf. A company can deal with contracts without using a common seal.

A company may execute a document by having it signed by:

· 2 directors of the company; or

· a director and the company secretary; or

· for a company with a sole director who is also the sole secretary - that director.

If the document is to have effect as a deed, it should be expressed to be a deed.

[ sections 126 - 127 ]

A company is not required to have a common seal. If it does, the seal must show the company's name and its ACN or ABN (if the last 9 digits are the same, and in the same order, as the last 9 digits of its ACN). The seal is equivalent to the company's signature and may be used on important company documents such as mortgages.

[ sections 123 , 127(2) ]


This information is provided by CCH Australia Limited. View the disclaimer and notice of copyright.
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