When you testify, the lawyers and the judge may object to certain things you say. This is because there are legal rules about the evidence you can provide. Check the label of the execution block. It should follow the motto “signed as an act of [name of plenipotentiary] acting by [names of two directors or a director plus secretary; in the alternative, an administrator, provided that the signature is evidenced] [a director/secretary] acting as attorney for and on behalf of [name of principal] [pursuant to a power of attorney dated [date]`. Note that if the document is to be signed by a company in accordance with section 44(2)(a) of the Companies Act 2006 (by two signing officers), a person who is both a director and secretary of the company cannot be considered to be two signatories. Third, when DW1 was challenged as to its authority to testify on behalf of the first respondent, it expressly stated that it had been authorized to testify by the general manager of the first respondent. He also testified as the second accused himself. Unlike natural persons, who may represent themselves personally as litigants, directors or members of a company who are not qualified lawyers do not have the right to be heard in court and therefore cannot represent the company. This applies even if the company is a sole proprietorship or has only one director. The judge may interrupt you and ask you to stop if any of the rules of evidence are violated. Note that a stock transport form does not need to be run as a certificate. However, it is preferable for a transferor of shares to sign the company by one of the two methods permitted under Article 44(2)(a) or (b) (i.e.
by two authorised signatories or by an administrator with a witness – see answer to question 3 above). On occasion, the court may allow a layman to appear on behalf of a business out of “courtesy” or “in the interests of justice.” For example, although a director or shareholder of a corporation is not legally entitled to represent the corporation at the hearing of an application for winding-up, the courts have already heard the views of a director or shareholder in order to avoid unfairness. The purpose of a witness is to provide evidence of a proper execution if questioned later. The witness must be physically present when signing the document so that he can confirm that he was present and that he has seen the signed document. The witness must sign immediately after the signatory has signed. There is no legal obligation to print the name and address of the witness, but it is useful for finding the witness if the correct execution is subsequently questioned. The Companies Act 2014 provides a very limited exception to this rule. If a company is charged with a criminal offence, it may appoint a representative to appear before the court on its behalf. Also note that special formalities are required for acts under the Property Law (Miscellaneous Provisions) Act 1989. They must be written, it must be clear on the front of the act that it is an act, it must be validly executed by the company (see above) and it must be delivered (see below). Delivery can be made by electronic signature, but care must be taken to ensure that the date of delivery is clear.
A party to the document cannot be a witness. However, there is no legal requirement that the witness must be independent, only that he or she can impartially prove that the document was properly executed. First, the Court of Appeal held that the Sarawak Building case was not applicable because it involved a challenge to the authority of a lawyer or lawyer acting for a company and had nothing to do with the competence of a witness to testify on behalf of a company. If you are testifying (during examination or cross-examination) and do not wish to answer a question, you must tell the judge that you are not ready to answer the question and why. You cannot make any statement about your opinion. Your statement must be a representation of the facts. It cannot contain assumptions you have made or conclusions you have drawn from these facts. The exception to this rule is the expert witness, who can testify that his opinion is. Note that electronic signatures are allowed for contracts and deeds.