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) ]


 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.