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:
- a member of the management committee of the association whose designation appears printed legibly with their signature, and
- 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:
- a member of the management committee of the association whose designation appears printed legibly with their signature; and
- 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.