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Execution formalities—witnesses


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Commercial expert
Practice notes

Execution formalities—witnesses


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Commercial expert

Practice notes
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This Practice Note summarises the Execution formalities for witnesses, including who can act as a witness to the signature of another person on a document relating to a commercial transaction such as a deed or simple contract, witnessing electronic signatures and the position on video witnessing. For information relating to the witnessing of wills, see Practice Note: Validity of Wills—signature.

We have produced a toolkit that is a comprehensive, interactive resource to help users identify and work through the concepts and common issues when executing documents, including information relating to the witnessing of signatures. Each section or phase includes practical guidance, precedent clauses and Q&As relevant to that section. For more information, see: Execution toolkit.

Witnessing

What is the difference between witnessing and attestation?

Witnessing involves observing the execution of a document. Attestation involves the additional step of recording, on the document itself, that the witness has observed the execution. Typically, this is achieved by the witness signing an Attestation Clause which confirms that the document was duly executed in the presence of a witness.

When is a witness required?

When executing commercial documents,

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United Kingdom
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Key definition:
Execution definition
What does Execution mean?

Execution, in the context of contracts, is the means by which a party enters into a contract or deed by sealing or signing it, and by doing so gives it effect in law. It can be done in some cases by electronic means.

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