Companies are corporate beings, that can own property, sue and be sued. The Directors of a company are the eyes and legs of the company, seeing to the day to day running of the company. Unlike a human being, the affairs and conducts of companies, are different from the affairs of the directors and shareholders of the company.
In dealing with a company, there are specific requirements to ensure that the acts and conducts of a company are genuine and legal or at least presumed to be so. In making of transaction agreements, the law presumes in favour of a purchaser that a deed made between a purchaser and a company is duly executed by the company, if the company’s seal is affixed in the presence of and attested to by the clerk, secretary or director or any top management of the company.
My authority is sections 163, 258 and 259 of the Evidence Act, 2011 and also the Companies and Allied Matters Act, 1990.
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