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We have assumed that the donor of the power of attorney is a company under the Companies Act 2006 (CA 2006).

Documents may be executed by companies incorporated under CA 2006 either:

1. •

   by or on behalf of the company (in the case of simple contracts)

2. •

   by the company (in the case of deeds)

Under CA 2006, any person acting under the company’s express or implied authority can enter into a simple contract on the company’s behalf. Unlike simple contracts, there is no option for a deed to be made ‘on behalf of‘ a company. To be binding on a company, a deed must be executed by the company in accordance with the provisions of CA 2006.

A company can execute a deed by:

1. •

   using its common seal, or

2. •

   signature of its officers (two authorised signatories (every director and the company secretary are ‘authorised signatories’) or by one director in the presence of a witness

A company may also appoint a person to act