SIG-14 Signing by a Strata Company

Version 1 - 13/04/2021

The information provided in this guide is not intended to amount to legal advice. Professional assistance may be required to determine the most appropriate action to protect your legal rights. Please read our Terms of Use on the Land Titles Registration policy and procedure guides web page. Landgate accepts no responsibility where parties print this guide and seek to rely on information that is out of date.

1 Overview

The following information has been taken from “Guide to strata titles” - see chapter 21 Execution of documents and section 118 of the STA.

2 Signing/Execution Requirements

A strata company can execute a document either by:

  • applying the strata company’s common seal to the document, or
  • having the document signed by a person who is authorised by a resolution of the strata company to sign documents on behalf of the strata company. That person could be a member of the council, an owner or a strata manager.

A common seal is optional for strata companies and may be electronic. When using a common seal, it must be attested to by two members of the council of the strata company.

Generally, any rubber stamp manufacturer will be able to make the rubber stamp, with an example shown below. If you are purchasing a common seal, it must contain the name of the strata company and the strata/survey strata plan number.

The name of the scheme on the seal must be exactly the same as:

  • for plans registered before 1 May 2020 - the name shown on the scheme plan
  • for plans registered after 1 May 2020 – the name shown on the scheme notice.

Council members attesting to the affixing of the seal should sign, then print their names in full (clearly) underneath their signatures.

Only one co-proprietor of a lot can sign as a member of council (see Schedule 1, governance by-law 4(6) of the Act).

Where a member of council is a delegated by a corporation and attesting the affixing of the seal they should sign, print their name in full and also include the following under/alongside their printed name “As authorised signatory for (name of corporation) as authorised under section 136 (2) of the Act”.

3 Examples of Signing/Execution Clauses

3.1 Common Seal

The common seal of the Owners of 20 Perfect Place Pleasantville Strata Scheme 999999 is fixed to this document in accordance with section 118 of the Strata Titles Act 1985 in the presence of:

Member of Council:


Signature

Full name

Delegation (i.e. “As authorised signatory for (name of corporation) as authorised under section 136 (2) of the Act”).

Lot Number
Member of Council:


Signature

Full name

Delegation (i.e. “As authorised signatory for (name of corporation) as authorised under section 136 (2) of the Act”).

Lot Number
3.2 No Common Seal

Signed for and on behalf of the Owners of 20 Perfect Place Pleasantville Strata Scheme 999999 in accordance with authority conferred under section 118 of the Strata Titles Act 1985.

Member of Council or Strata Manager:


Signature

Full name

Delegation (i.e. “As authorised signatory for (name of corporation) as authorised under section 136 (2) of the Act”).

Lot Number
Member of Council or Strata Manager:


Signature

Full name

Delegation (i.e. “As authorised signatory for (name of corporation) as authorised under section 136 (2) of the Act”).

Lot Number

This page was last updated on: 27 Jul 2021