Who signs a Deed of Variation?

The Deed of Variation and the Minutes must be signed and dated by all the relevant people named in the document. Some signatures may need to be witnessed by another person who is not included in the Trust, and who is over 18 years of age. There will be a designated space for the witness to sign where this is necessary.

• The Deed of Variation and minutes should be stored with the Trust’s original Deed in a safe space.

• Where a Company is required to sign the Deed, for example if the Company is the Trustee of the Trust, then this can be done using any one of these options in accordance with section 127 of the Corporations Act 2001:
  •  A company may execute a document without a common seal if the document is signed by;
    • 2 directors of the company
    • a director and a company secretary of the company
    • for a propriertary company that has a sole director if: that director is also the sole secretary or the company does not have a company secretary
  • A company with a common seal may execute a document is the seal is fixed to the document and witnessed by:
    • 2 directors of the company
    • director and company secretary of the company 
    • for a propriertary company that has a sole director if: that director is also the sole secretary or the company does not have a company secretary

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