S6.3.2 Limited Companies

Special forms of execution are authorised by Statute in the case of bodies such as Corporations created by, or under Statute, which have a legal persona distinct and separate from that of their members.

The most common type of Corporation is the Limited Company incorporated under the Companies Acts.

The following lists show the differing requirements pre and post 1 Aug. 1995.

Before 1 Aug. 1995	On or After 1 Aug. 1995
Subscription of 2 Directors	Subscription of 2 Directors
Subscription by 1 Director and the Company Secretary	Subscription by 1 Director and the Company Secretary
Subscription by 2 authorised signatories	Subscription by 2 authorised signatories
	Subscription by either: - A Director, OR The Company Secretary, OR An authorised signatory, PLUS Signed by one witness.

There can be no mixing of the Categories.

NOTE: On a number of occasions a Company has purported to execute a deed using only one Director or Secretary or Authorised Signatory plus a seal. There does not appear to be any authority for a Company to execute a deed using a company seal - See Schedule 2 Section 3 of the 1995 Act. (Although, of course, this may be used in addition to the appropriate form.) Other bodies corporate, such as Building Societies, can execute using a seal - See Schedule 2 Section 5(5)(b)(ii).

Care should be taken to ensure that execution by a Company fully complies with the Act.