When selecting a witness, you must choose someone who meets all the legal requirements. However, if your contract is in progress between two companies, you may not need a witness. If you have any questions about contract witnesses, contact LegalVision`s contract attorneys on 1300 544 755 or fill out the form on this page. The role of the witness is above all to protect himself from counterfeiting or coercion. In the event of a dispute, a witness may be required to provide impartial evidence of the circumstances of the signing. In this post, we`ll get you through what`s a witness, why they`re important, and what`s to do if you don`t. You may witness the signature of a scammer. At least if this part is not your client, don`t take his signature. Insist that they receive independent legal advice, as there may be issues of jurisdiction or undue influence. If they refuse, explain to your client that, in these circumstances, an approach may mean less ability to impose their position in the face of a challenge. If your client decides to continue, you confirm this advice in writing. And if you`re not comfortable, stop before you even attend your client`s signature. It then allows the other party to rely on the document.
This is not to say that a business is not bound if it does not comply with these rules. This only means that if faced with the charge that the business is not bound, the other party can rely on the mode of execution to bind it. Therefore, in these circumstances, a witness would not add value. In some cases, the law requires that certain documents, such as statutory statements or sworn assurances in court proceedings, be certified by a person with special qualifications (an authorized witness). There are also specific requirements for the testimony of signatures on will documents such as standard wills or proxies. However, with respect to the execution of the acts, it may be necessary for the parties` signatures to be affixed in order for the facts to be effectively carried out. It depends on the nature of the contractor and the method with which the deed was signed. For example, if the signatory of an act is a person acting in his own capacity, his signature must be lived.  Similarly, a company that wishes to perform an act only by a director, or an LLP that wishes to perform an act by a single member, needs this signature to be a witness.  For example, if it is a statutory statement, a «licensed witness» is required.