Corporations Act 2001

CHAPTER 1 - INTRODUCTORY  

PART 1.5 - SMALL BUSINESS GUIDE  

7   Signing company documents  

A company ' s power to sign, discharge and otherwise deal with contracts, or execute documents, 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; or

• for a company with a sole director and no company 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) ]