Corporate and M&A

By: Tony Stumm

A number of documents are required to be executed as a deed, rather than as an agreement. Typically, where there is no visible consideration passing from one party to the other, a deed is required to make the promises in the document enforceable. This is because where there is a lack of valuable consideration passing from one party to the other (such as in a contract of sale), the document is not legally enforceable unless it is a deed. Common forms of deed are powers of attorney, deed poll for change of name, confidentiality deed, termination deed and escrow deed.

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