Requirement of a seal origin

Paul Smith made this Rhyddid Gwybodaeth request to Law Commission

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn llwyddiannus.

Dear Law Commission,

I write fro information in response to reading your report on "THE EXECUTION OF DEEDS AND DOCUMENTS
BY OR ON BEHALF OF BODIES CORPORATE"

In the report reference is made multiple times to the common law rule of needing seal on a deed. I am aware through your paper that this rule was abolished for companies and transfer of property. However, you paper states that it still applies to Corporation Soles.

My information is to know where the common law rule of needing a seal you quote came from?

Yours faithfully,

Paul Smith

LAWCOM (FOI), Law Commission

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LAWCOM (FOI), Law Commission

Dear Mr Smith,

Thank you for your request for information dated 21/08/18. We acknowledge receipt. We are handling your request for information under the Freedom of Information Act 2000.

We will respond to you as promptly as possible and, in any event, will provide the information you seek within 20 working days from receipt of your request, unless it transpires that we do not hold the information or that the information is exempt from disclosure. In the latter event we will advise you why the information sought cannot be disclosed. Your request for information will be handled within the Commission by the Commercial and Common team.

If you have any query in the meantime relating to your request please contact me in this office who acts as the Commission’s FOI co-ordinator.

Regards,

Viral Patel
Corporate Services Team
Law Commission | 1st Floor | Tower | Post Point 1.54 | 52 Queens Anne’s Gate | London | SW1H 9AG | (Access via 102 Petty France)

F 020 3 334 3648 Web: www.lawcom.gov.uk
w [email address]

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Burgoyne, Laura, Law Commission

1 Atodiad

Dear Mr Smith,

 

I refer to your query below in relation to the Law Commission's 1998
Report on the Execution of Deeds and Documents by or on behalf of Bodies
Corporate.

 

You have asked about the authority for the Law Commission's statement
about the common law requirement that a deed must be sealed in order to be
executed validly. We do not have the research which was done for 1998
report. However, I attach a section from Halsbury’s Laws of England. This
sets out that where the common law applies, such as for corporations sole,
a deed must be sealed. In addition, you may also wish to refer to the
[1]consultation paper which preceded the 1998 report. Paragraph 11.7 and
the associated footnote 6 refer to general common law authorities. I hope
you will find this helpful.

 

Yours sincerely,

 

Laura Burgoyne | Law Commission
Head of Commercial and Common Law
1st Floor, Tower, Post Point 1.52, 52 Queen Anne’s Gate, London SW1H 9AG
(access via 102 Petty France)
Tel: 020 3334 5327| [mobile number] | Web: [2]www.lawcom.gov.uk
Email: [3][email address]

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Dear Ms Burgoyne,

Thank you kindly for providing me with a prompt and efficient reply. I really appreciate it and I have now marked the Request as successful.

Please may I just ask you one question relative to the Request. Does this rule about a Corporation Sole requiring a seal also apply to a Corporation Aggregate?

Thanks again.

Yours sincerely,

Paul Smith

Burgoyne, Laura, Law Commission

1 Atodiad

Please see attached on corporations aggregate, again from Halsbury's.

Best wishes

Laura Burgoyne | Law Commission
Head of Commercial and Common Law
Tel: 020 3334 5327| [mobile number]
Email: [email address]
For information about how we handle your personal data, please see our Privacy Notice

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