Regulation 20 Execution of documentsI1

England and Wales

(1)

A document is executed by a CIO—

(a)

by the affixing of its common seal; or

(b)

whether or not the CIO has a common seal, in accordance with paragraph (2).

(2)

A document is validly executed by a CIO if it is signed—

(a)

where the CIO has more than one charity trustee, by at least two of the CIO’s charity trustees; or

(b)

where the CIO has only one charity trustee, by that charity trustee.

(3)

A document—

(a)

signed in accordance with paragraph (2); and

(b)

expressed, in whatever words, to be executed by the CIO,

has the same effect as if executed under the common seal of the CIO.

(4)

In favour of a purchaser a document is to be treated as duly executed by a CIO if it purports to be signed in accordance with paragraph (2).

(5)

For the purposes of paragraph (4), “purchaser” means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property.

(6)

References in this regulation to a document being (or purporting to be) signed by a charity trustee are to be read, in a case where a body corporate is a charity trustee, as references to the document being (or purporting to be) signed by an individual authorised by the body corporate to sign on its behalf.

Annotations

Commencement

I1: Reg. 20 in force at 2.1.2013, see reg. 1