Whereas, as stated in the “Execution of Facts” section, torrens Redevelopment – Research Pty Ltd/Oakworth Developments Pty Ltd  NSWSC 1096 took place, that a decision of the Board of Directors alone is not sufficient to delegate to an agent the power to perform an act on behalf of a company, a board decision is in a position to have expressly issued an individual, an agreement on behalf of the company for the purposes of 126. Any agreement executed in this way by the agent would then be valid. Subject to the trust evidence provided by another, individual agents will execute agreements similar to those of individuals in general. Similarly, company agents will execute agreements similar to those of companies in general. The requirements of s127 (2)c) are not met if the sole director of a separate company performs an act in circumstances where the company has not appointed a business secretary (which is authorized by s 204A (1) of the Corporations Act). In this case, one can only ensure that the act is properly executed in accordance with S 127 (2) c), so that the director calls himself the sole secretary of the company. The witness must be present at the signing of the agreement. They should not be parties to the agreement. Ideally, a witness should not be a representative, relative or employee of a contracting party. Simple contracts and documents generally contain a clause expressly authorizing the execution of the document in return.
Understanding the contractual terms implies understanding the difference between the date of execution of the contract and the actual date of entry into force, if any, in order to avoid confusion in the future. Changes to a contract must be signed in writing and by all parties prior to the amendment. Since an executed contract is a legal document, each party should keep a copy and, if necessary, refer to it in order to fully discharge its obligations. If one party has not fulfilled its obligations, the other party may eventually bring a civil action. For example, if John does not make the agreed rents for his car, the car could not only take the car back, but could sue John in civil court for the remaining amount owed from the lease. Electronic Signatures and Electronic Agreements This enforcement block should not be used for electronic export agreements. As noted in the “Electronic Version” section, Gilbert and Tobin is subsequently that acts and agreements should not be executed electronically by companies. On the contrary, to ensure the validity of the act or agreement, the best practice remains the physical existence of the act or agreement and the use of a wet signature. Presenting the implementation page of an agreement may seem like a small administrative formality. However, this is an essential element of the applicability of an agreement. In short, the safest way for simple contracts and deeds is for parties to exchange by email pdf copies of signature pages executed with – in the same email – a word or pdf version of the entire agreement that was executed.