When it comes to executing a commercial lease agreement in the UK, it is important to ensure that the document is properly witnessed. The witness plays a crucial role in ensuring that the lease agreement is enforceable and legally binding. However, not everyone is qualified to act as a witness. In this article, we will look at who can witness a commercial lease agreement in the UK.
According to UK law, a witness must be an independent, impartial person who is not related to any of the parties involved in the agreement. The witness must also be over the age of 18 and of sound mind. This means that the person witnessing the lease agreement must be able to understand the nature and consequences of the document they are signing.
Who can act as a witness?
The following people can act as a witness for a commercial lease agreement:
1. Solicitor or lawyer
A solicitor or lawyer is the most common type of witness for a commercial lease agreement. They are independent and impartial and are qualified to witness legal documents. The solicitor or lawyer must not be related to any of the parties involved in the lease agreement.
2. Notary public
A notary public is a public official who is authorized by the government to witness legal documents. They can act as witnesses for both individuals and corporate entities. Notaries public charge a fee for their services, which can be quite expensive.
3. Justice of the Peace (JP)
A Justice of the Peace is a volunteer who has been appointed by the government to serve in a judicial capacity. They can witness legal documents, including commercial lease agreements. However, it can be difficult to find a JP who is willing to act as a witness.
4. Accountant
An accountant can also act as a witness for a commercial lease agreement in the UK. However, they must be a member of a recognized accountancy body, such as the Institute of Chartered Accountants in England and Wales (ICAEW).
5. Bank manager
A bank manager can act as a witness if they are willing to do so. However, they must be an independent third party and not related to any of the parties involved in the lease agreement.
In conclusion, it is important to ensure that the witness for your commercial lease agreement is an independent, impartial person who is not related to any of the parties involved in the agreement. While a solicitor or lawyer is the most common type of witness, there are several other options available. Just make sure that the person you choose meets the legal requirements for witnessing your lease agreement.
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