Signing a deed or agreement in counterparts

By Vivian Michael | Startup Contracts

Here’s what you need to know about counterpart clauses in your deeds and agreements.

What is a counterpart clause? 

A counterpart clause means that you can sign (aka execute) one copy of a deed or agreement and the other party can sign another copy.

All parties signatures don’t need to appear on the same deed or agreement to be binding.

Here’s a sample counterpart clause:

For signing agreements, be sure to check out this .

Counterparts

This Deed may be executed in any number of counterparts. All counterparts, taken together, constitute one deed. A party may execute this Deed by signing any counterpart.

Why use a counterpart clause? 

If you have many parties to a deed or agreement, you’ll want to use a counterpart clause for efficiency’s sake.

Be careful not to make the assumption that you can signing in counterparts is acceptable for all deeds and agreement.

You’ll need to see a clause in that deed or agreement that permits counterpart signatures.

No signature software

One of the requirements of a deed is that it needs to be on paper so when you sign a deed that allows for counterparts, you’ll need to sign on paper. 

This tip is especially important for deeds that have witness sections - i.e. an individual that signs a deed with a witness section underneath.

If you want to learn more about signing deeds, you can read our article here.

For signing agreements, be sure to check out this article.


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About the Author

Vivian Michael is a lawyer and founder of Michael Law Group. Vivian's mission is to make quality business legal services accessible to entrepreneurs launching in Australia that would otherwise DIY, rely on legacy contracts or go without.

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