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| Office of Legal & Governance |
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When does the University have to sign a contract using its official seal?The answer to this question involves 2 considerations, namely:
The University, as an incorporated body, is the same as any person and it can enter into (or sign) contracts in exactly the same way. Signing (or executing) a contract or other legal document under seal is the most formal type of signature that a person can make. You might be surprised to know that there are very few types of contracts that the law actually requires the University to sign using its official seal. Some examples include deeds, guarantees and contracts transferring an interest in land. Standard contracts to buy goods and/or services do not have to be signed using the official seal to be legally valid. Of course, the fact that the law may not require the University to sign under seal is only part of the consideration. Many third parties will insist on the University using its official seal to remove any possible argument about whether or not the University is bound by the contract or whatever type of legal document it is. Unless either (1) a contract is of a type that the law requires to be signed under seal; or (2) the third party insists that the University sign using its official seal, any person who has authority to do so, can sign a contract or other legal document on the University’s behalf or otherwise commit the University to that contract and/or other legally binding obligation. This includes, employees, officers, agents and consultants. Related Topics:
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