Shepherd and Wedderburn

Experts

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Abby Doig
Associate and Professional Support Lawyer (Banking and Finance)
Shepherd and Wedderburn
Alison Blair
Senior Associate (Solicitor)
Shepherd and Wedderburn
Alison Rochester
Partner (Trade and Commerce)
Shepherd and Wedderburn
Elaine Hunter
Partner
Shepherd and Wedderburn
Emma Robertson
Partner (Solicitor)
Shepherd and Wedderburn
Fiona Buchanan
Partner, Head of Banking & Finance
Shepherd and Wedderburn
Hamish Patrick
Partner, Banking & Finance; Head of Finance Sector
Shepherd and Wedderburn
Neil Campbell
Solicitor
Shepherd and Wedderburn
Rod MacLeod
Partner (Banking and Finance)
Shepherd and Wedderburn
Roddy Forgie
Associate (Trade and Commerce)
Shepherd and Wedderburn
Contributions by Shepherd and Wedderburn Experts

46

Execution of documents under Scots law
Execution of documents under Scots law
Practice notes

This Practice Note considers execution of documents under Scots law. In particular it covers which types of contract must be recorded in writing under Scots law, how valid execution of them is achieved, options for executing multi-party documents, the requirements of the Scottish property registers, requirements relating to the date and delivery of documents in Scotland and rules relating to the execution of counterparts under Scots law. It considers the Requirements of Writing (Scotland) Act 1995 (RW(S)A 1995) and the Legal Writings (Counterparts and Delivery) (Scotland) Act 2015 (LW(CD)(S)A 2015).

Irritancy of agricultural tenancies in Scotland
Irritancy of agricultural tenancies in Scotland
Practice notes

This Practice Note explains the legal (statutory) and conventional irritancies in relation to 1991 Act and 2003 Act agricultural tenancies in Scotland.

Execution clause (Scotland)—ordinary execution by two members for a limited liability partnership
Execution clause (Scotland)—ordinary execution by two members for a limited liability partnership
Precedents

This is a Precedent Execution clause for a limited liability partnership entering into a contract under Scots law that does not require to be self-proving, and where the LLP agreement specifies that written contracts require to be signed by two or more members.

Execution clause (Scotland)—ordinary execution on behalf of a body corporate, by an authorised signatory, board member or the entity’s secretary
Execution clause (Scotland)—ordinary execution on behalf of a body corporate, by an authorised signatory, board member or the entity’s secretary
Precedents

This is a Precedent execution clause for a body incorporated by royal charter, act of parliament, etc entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—self-proving execution by a company by two authorised officials
Execution clause (Scotland)—self-proving execution by a company by two authorised officials
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that requires to be self-proving and where two authorised signatories are available to execute the document.

Execution clause (Scotland)—self-proving execution by a company by two directors or a director and the company secretary
Execution clause (Scotland)—self-proving execution by a company by two directors or a director and the company secretary
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by a corporate general partner for a limited partnership
Execution clause (Scotland)—self-proving execution by a corporate general partner for a limited partnership
Precedents

This is a Precedent Execution clause for a limited partnership (LP) entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by a corporate partner signing on behalf of a partnership
Execution clause (Scotland)—self-proving execution by a corporate partner signing on behalf of a partnership
Precedents

This is a Precedent Execution clause for a partnership entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by a member for a limited liability partnership in the presence of a witness
Execution clause (Scotland)—self-proving execution by a member for a limited liability partnership in the presence of a witness
Precedents

This is a Precedent execution clause for a limited liability partnership entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by an attorney acting under a power of attorney
Execution clause (Scotland)—self-proving execution by an attorney acting under a power of attorney
Precedents

This is a Precedent Execution clause for the execution of a contract under Scots law by an attorney appointed by one party to sign such contracts on that party's behalf and where the contract requires to be self-proving.

Execution clause (Scotland)—self-proving execution by an individual
Execution clause (Scotland)—self-proving execution by an individual
Precedents

This is a Precedent Execution clause for an individual entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by an individual general partner or an authorised signatory for a limited partnership
Execution clause (Scotland)—self-proving execution by an individual general partner or an authorised signatory for a limited partnership
Precedents

This is a Precedent Execution clause for a limited partnership (LP) entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by corporate director(s) or secretary signing on behalf of a company
Execution clause (Scotland)—self-proving execution by corporate director(s) or secretary signing on behalf of a company
Precedents

These are Precedent Execution clauses for a limited company entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by corporate member(s) signing on behalf of a limited liability partnership
Execution clause (Scotland)—self-proving execution by corporate member(s) signing on behalf of a limited liability partnership
Precedents

These are Precedent Execution clauses for a limited liability partnership entering into a contract under Scots law that requires to be self-proving.

Execution clause (Scotland)—self-proving execution by two members for a limited liability partnership
Execution clause (Scotland)—self-proving execution by two members for a limited liability partnership
Precedents

This is a Precedent execution clause for a limited liability partnership entering into a contract under Scots law that requires to be self-proving, and where the LLP agreement specifies that written contracts require to be signed by two or more members.

Execution clause (Scotland)—self-proving execution on behalf of a body corporate, by an authorised signatory, board member or the entity’s secretary in the presence of a witness
Execution clause (Scotland)—self-proving execution on behalf of a body corporate, by an authorised signatory, board member or the entity’s secretary in the presence of a witness
Precedents

This is a Precedent execution clause for a body incorporated by royal charter, act of parliament, etc entering into a contract under Scots law that requires to be self-proving, and the document is to be witnessed rather than sealed with the common seal of the body corporate.

Execution clause (Scotland)—self-proving execution on behalf of a body corporate, by an authorised signatory, director or company secretary and affixing the common seal
Execution clause (Scotland)—self-proving execution on behalf of a body corporate, by an authorised signatory, director or company secretary and affixing the common seal
Precedents

This is a precedent execution clause for a body incorporated by royal charter, act of parliament, etc entering into a contract under Scots law that requires to be self-proving, and the document is to be sealed with the common seal of the body corporate rather than witnessed.

Execution clause (Scotland)—self-proving execution on behalf of a limited company, by an authorised signatory, director or company secretary
Execution clause (Scotland)—self-proving execution on behalf of a limited company, by an authorised signatory, director or company secretary
Precedents

This is a Precedent execution clause for a limited company entering into a contract under Scots law that requires to be self-proving.

Other Work
Execution clause (Scotland)—ordinary execution on behalf of a limited company, by an authorised signatory, director or company secretary
Execution clause (Scotland)—ordinary execution on behalf of a limited company, by an authorised signatory, director or company secretary

This is a Precedent execution clause for a limited company entering into a contract under Scots law that does not require to be self-proving.

Execution clause (Scotland)—self-proving execution by a partner or an authorised signatory for a partnership
Execution clause (Scotland)—self-proving execution by a partner or an authorised signatory for a partnership

This is a Precedent Execution clause for a partnership entering into a contract under Scots law that requires to be self-proving.

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