Part 4A society’s capacity and related matters
Execution of documents
53Methods for execution of documents: England and Wales
(1)
This section contains provisions about the execution of documents by a registered society under the law of England and Wales.
(2)
A registered society which has a common seal may execute a document by affixing its common seal to it.
(3)
A document—
(a)
signed by 2 authorised signatories (see subsection (6)), and
(b)
expressed (in whatever form of words) to be executed by a registered society,
has the same effect as if it were executed under the society’s common seal.
(4)
A document executed by a registered society which makes it clear on its face that it is intended by the person or persons making it to be a deed—
(a)
has effect, upon delivery, as a deed, and
(b)
is presumed to be delivered upon its being executed by the society, unless a contrary intention is proved.
(5)
In favour of a purchaser—
(a)
a document is treated as duly executed by a registered society if it purports to be signed by 2 authorised signatories, and
(b)
where it makes it clear on its face that it is intended by the person or persons making it to be a deed, is treated as delivered upon its being executed.
“Purchaser” here means a purchaser in good faith for valuable consideration, and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property.
(6)
For the purposes of this section, in relation to a society—
(a)
each of the members of the society’s committee is an authorised signatory, and
(b)
the society’s secretary is also an authorised signatory.