Execution of documents in counterpart
I11Execution of documents in counterpart
1
A document may be executed in counterpart.
2
A document is executed in counterpart if—
a
it is executed in two or more duplicate, interchangeable, parts, and
b
no part is subscribed by both or all parties.
3
On such execution, the counterparts are to be treated as a single document.
4
That single document may be made up of—
a
both or all the counterparts in their entirety, or
b
one of the counterparts in its entirety, collated with the page or pages on which the other counterpart has, or other counterparts have, been subscribed.
5
A document executed in counterpart becomes effective when—
a
both or all the counterparts have been delivered in accordance with subsection (6) or (7), and
b
any other step required by an enactment or rule of law for the document to become effective has been taken.
6
Each counterpart is to be delivered to the party or parties who did not subscribe the counterpart in question unless it is a counterpart which falls to be delivered under subsection (7).
7
If a party has, under section 2(1), nominated a person to take delivery of one or more counterparts, the counterpart in question is (or counterparts in question are) to be delivered to that person.
8
Subsection (5) is subject to subsection (9).
9
Where a counterpart is to be held by the recipient as undelivered, the counterpart is not to be treated as delivered for the purposes of subsection (5)(a) until—
a
the person from whom the counterpart is received indicates to the recipient that it is to be so treated, or
b
if a specified condition is to be satisfied before the counterpart may be so treated, the condition has been satisfied.