Land And Conveyancing Law Reform Act 2009

64.

Formalities for deeds.

64.— (1) Any rule of law which requires—

( a) a seal for the valid execution of a deed by an individual, or

( b) authority to deliver a deed to be given by deed,

is abolished.

(2) An instrument executed after the commencement of this Chapter is a deed if it is—

( a) described at its head by words such as “Assignment”, “Conveyance”, “Charge”, “Deed”, “Indenture”, “Lease”, “Mortgage”, “Surrender” or other heading appropriate to the deed in question, or it is otherwise made clear on its face that it is intended by the person making it, or the parties to it, to be a deed, by expressing it to be executed or signed as a deed,

( b) executed in the following manner:

(i) if made by an individual—

(I) it is signed by the individual in the presence of a witness who attests the signature, or

(II) it is signed by a person at the individual’s direction given in the presence of a witness who attests the signature, or

(III) the individual’s signature is acknowledged by him or her in the presence of a witness who attests the signature;

(ii) if made by a company registered in the State, it is executed under the seal of the company in accordance with its Articles of Association;

(iii) if made by a body corporate registered in the State other than a company, it is executed in accordance with the legal requirements governing execution of deeds by such a body corporate;

(iv) if made by a foreign body corporate, it is executed in accordance with the legal requirements governing execution of the instrument in question by such a body corporate in the jurisdiction where it is incorporated,

and

( c) delivered as a deed by the person executing it or by a person authorised to do so on that person’s behalf.

(3) Any deed executed under this section has effect as if it were a document executed under seal.

(4) A deed, whenever created, has the effect of an indenture although not indented or expressed to be an indenture.