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Execution of deeds and agreements

A deed is executed differently from a contract, and a company executes differently again. Witnessing a deed is attestation of execution, not the administering of an oath, and the rules that apply to it are not the rules that apply to a declaration.

Witnessing a deed is a different act from witnessing a statutory declaration. There is no oath, no declaration of truth and no statutory form. The witness attests that they saw the signatory sign, and signs to that effect.

Whether a witness is needed at all depends on who is signing. An individual executing a deed generally requires one. A company executing under section 127 of the Corporations Act 2001 (Cth) - by two directors, or a director and a company secretary, or a sole director - does not, because the section provides its own mechanism.

Electronic execution of deeds has been the subject of significant reform, with permanent Commonwealth changes for companies and separate, less uniform, state provisions for deeds executed by individuals. The remote witnessing position for deeds is more restrictive than for declarations in several jurisdictions, and it is worth confirming before relying on it.

The law where your document is made

Which law your document is made under decides its form, who may witness it, and whether it can be witnessed by video link.

Need a document witnessed?

An Australian legal practitioner, on a video call, in about ten minutes. Evenings and weekends included.

Witness a document