One of the most common types of agreements we work with is the transfer of intellectual property rights (IP). The attribution of the IP may be considered an act, but it is not necessary in many cases. This may also be the case for other agreements that you control. If a document was created as an act, you should consider whether it can be changed to be executed as a simple contract (in this case, no witnesses are required). However, given the practical difficulties that currently exist, a party can verify whether a witness is really necessary. There are two main ways to avoid a duty for a witness under English law: legally, a witness must comply with the requirements of their jurisdiction, but most of the time must be a witness: to determine whether your document needs to be certified, check the requirements of your jurisdiction for the document you sign. We generally do not use family members because they have a direct or indirect interest in the effects of the facts and are therefore less likely to be a reliable witness if the signatory has reason to deny that they signed the act. This can of course depend on the state of the signatory`s marriage! In some cases, the law requires that certain documents, such as statutory statements or sworn assurances in court proceedings, be certified by a person with special qualifications (an authorized witness). There are also specific requirements for the testimony of signatures on will documents such as standard wills or proxies. A party who relies on an act may accept a family member as a witness (although it almost certainly insists on an adult), but may want to add some additional controls, so that if both the signatory and the witness claim that the act was not signed, there is some additional evidence that it is not true. It then allows the other party to rely on the document.

This is not to say that a business is not bound if it does not comply with these rules. This only means that if faced with the charge that the business is not bound, the other party can rely on the mode of execution to bind it.

Andrew Verboncouer • (920) 562-9601 •