Execution of Deeds and Documents
1. Deeds, Consents, Applications
Section 64 of the Land and Conveyancing Law Reform Act 2009 abolishes the need for sealing by an individual (but not for companies) and abolishes the rule that authority to deliver a deed has to be given in the deed. A document is identified as a deed by using the appropriate description or wording e.g. Assignment, Conveyance, Charge, Deed, Indenture, Lease, Mortgage, Surrender or other appropriate heading.
The Act sets out the specific requirements for execution as follows: The deed is to be executed in the following manner:
- If made by an individual, signed by the individual in the presence of a witness who attests the signature or signed by a person at the individual’s direction given in the presence of a witness who attests the signature, or the individual’s signature is acknowledged by him or her in the presence of a witness who attests the signature.
- 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.
- 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 body corporate.
- 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.
- Delivered as a deed by the person executing it or by a person authorised to do so on that person’s behalf”.
- Any deed executed under this section has effect as if it were a document executed under seal.
In relation to deeds executed by a foreign body corporate note Section 64(2)(b)(iv) of the Land and Conveyancing Law Reform Act 2009. Rule 74(5) of the Land Registration Rules 2012 provides “On a disposition made by a foreign body corporate where a certificate is lodged from a lawyer from the country in question or who has sufficient knowledge of the laws of the country in question, that the deed was 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, the Authority shall be entitled to assume that the deed was duly executed by the body corporate. N.B. See also Paragraph 11.4 of Practice Direction on “Transfers of Registered Land“.
An affidavit verifying the execution of Deeds, Consents or Applications is not to be called for except in accordance with Rule 54 of the Land Registration Rules 2012. Where it appears from the document that there was some irregularity in its execution, or if the execution is by mark, an Affidavit should be called for under Rule 54. Where the execution is by mark it must be shown in the attestation Clause or the Affidavit that the Deed was read over and explained to, and understood by the Marksman. When the Deed is executed by a blind person, the Affidavit must show that the Deed was read over to him.
2. Affidavits At Home
Such affidavits may be accepted if sworn before a Commissioner for Oaths, a Peace Commissioner or a practising solicitor.
3. Affidavits Abroad
Affidavits and Statutory Declarations for use in proceedings in the Registry in compliance with Rule 168(2) of the Land Registration Rules 2012, and Order 40, Rule 7, of the Rules of the Superior Courts may be taken in any foreign country or place:
1. Before any Irish diplomatic or consular representative or agent exercising his functions in that country or place, or
2. When there is no such representative or agent as at (a) above or no such representative or agent conveniently near to the deponent in such country or place before any notary public lawfully authorised to administer oaths in that country or place, or
3. Where such country or place is a part of the British Commonwealth of Nations or a British possession before any judge, court, notary public, or person authorised to administer oaths in such part or possession.
The seal or signature, as the case may be, of any such diplomatic or consular representative or agent, judge, court, notary public, or other person attached, appended or subscribed to any such affidavit or declaration may be accepted on its face without further authentication or proof.
4. Execution of Deed by a Receiver
A receiver as Attorney of a company under power given in a debenture should execute a deed or transfer by writing the name of the company, stating that it has been written by the Receiver as Attorney of the company given under the debenture. If such receiver executes the deed or transfer in his own name this is an effective execution also (section 48 of Conveyancing Act 1881).
See I.D.A. versus Moran 1978 I.R.159
01 December 2009
Updated 01 February 2013 & 23 August 2017