Executing Contracts – General
Useful for: Business, Local Government, Government, Non Govt Organisations
In Brief
- It is important that contracts are signed by individuals who are properly authorised to do so by their contracting entity. Failure to execute in accordance with proper authority may result in losses arising from inability to enforce the contract, or legal action against the entity by other contractual parties, and for the individual/s that have wrongfully executed, internal discipline or other legal proceedings.
- Sole traders (and Trustees of Trusts that are individuals) simply sign themselves – with or without a witness, depending on the contract. The law is different across States and Territories so best practice dictates that a witness is used even if the type of contract doesn’t strictly require it.
- An exception to the requirement for a witness will be where the individual signs using a well-accepted e-signing platform such as docusign (but note that if the document is a deed then it may still need to be witnessed depending on the particular law of the State or Territory).
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