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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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Who is eligible to witness Covenantor's signature of a

Customer Question

Who is eligible to witness Covenantor's signature of a business agreement under Australian law?
Submitted: 1 year ago.
Category: Australia Law
Customer: replied 1 year ago.
Anyone over 18 years old?
Expert:  Patrick H. replied 1 year ago.

Please elaborate on the nature of the agreement. What does it relate to and what is the covenant?

Customer: replied 1 year ago.
It is a share transfer document
Customer: replied 1 year ago.
the covenantor's signature should be witnessed. please reply asap, thanks
Expert:  Patrick H. replied 1 year ago.

Sorry, is it possible for you to send a copy of the document in question? A photo or a scan should suffice. I just need to make sure I'm clear what document you are talking about. You have described the document in question as "a share transfer document" but also as a "business agreement" but these are different things.

Customer: replied 1 year ago.
Apologizs, I'm not allowed to show you the documents. It is a share transfer document.
Expert:  Patrick H. replied 1 year ago.

Sorry, but what do you mean you aren't allowed to show a copy of the document. If you are contemplating signing a document in any capacity (which I am assuming given you are asking for advice on this) you should be free to seek advice on the document. Who is preventing you from supplying a copy for the purposes of obtaining advice, and why?

Customer: replied 1 year ago.
I've been asked to witness the signature of a company share transfer agreement. The document has not been signed yet. But I think this should be witnessed by someone like a Justices of the Peace (but I'm not). I'm just want to confirm who can be the witness. Please just simply give me an advice. Thanks
Expert:  Patrick H. replied 1 year ago.

If you are satisfied that you are only being required to witness a signature on the document then it is really the parties to the document who need to ensure you are a suitable witness, so you can sign and if it later turns out the document requires a specially qualified witness that will be there problem.

Just make sure that you are not signing something whereby you warrant that you have some special qualification that you do not.

I trust the above assists.

Please rate my answer.

Patrick

Expert:  Patrick H. replied 1 year ago.

I note you have reviewed but not rated my answer.

Please rate my answer so I can be paid for my time and effort.

I am paid out of the funds you previously deposited, there is no further charge for rating my answer.

Thanks,

Patrick