Incorporated Associations Execution of Lease documents

New Legislation commenced 22 June 2022

Using a common seal is now optional for incorporated associations when executing contracts and documents (including a Lease).

Your association may need to amend its rules to specify it will not use a common seal.

  • To amend your rules, you must pass a special resolution at a general meeting.
  • Until your rules are updated, you must continue to use your common seal
  • The Model Rules in the Associations Incorporation Regulation 1999 have been changed to remove the need for a common seal.
  • If your rules do not mention the use of a common seal, then the model rules automatically apply.

Documents signed without a common seal

For documents signed after 22 June 2022, the document must be signed by:

  1. a member of the management committee of the association whose designation appears printed legibly with their signature, and
  2. countersigned by the secretary of the association and their designation appears printed legibly with their signature.

The execution does not need to be witnessed.

Documents signed with a common seal

The document must be signed by:

  1. a member of the management committee of the association whose designation appears printed legibly with their signature; and
  2. countersigned by the secretary of the association and their designation appears printed legibly with their signature.

The document has a clear legible imprint of the common seal of the incorporated association which includes the registered name (with “Incorporated” or “Inc”)

The execution does not need to be witnessed.

More Information:

You can find more information on the Queensland Government website.

Please contact our Leasing Officer – Sport, Leisure and Facilities Branch on 07 3412 4954.