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What are the Parties?

When drafting an Agreement, it is important to positively and clearly identify each person who is a party to the Agreement.

Commonly, this is done by stating each person’s full name, current address and occupation.

Individual

A party can be an individual, for example: Mia Francesca Moran, of 3 Poinciana Avenue, St Leonards, North Sydney, NSW  2065, University Lecturer.

Company

A party can be a company, in which case you should set out the companies ACN number, for example: ABC Pty Ltd ACN 000 111 222, registered office Level 29, Citigroup Building, 2 Park Street, Sydney, NSW 2000.

Trust

Although a trust is not a separate legal entity in the way that a company or person is, a trustee may contract on behalf of a trust.  A trustee can either be a company or an individual. 

This would be stated as:  William Frances Jones in his capacity as trustee for the Jones Family Trust, of 1 Acorn Place, Avondale, NSW, 2000. 

The details do not technically need to be disclosed, and some legal forms and documents require that details of the trust be left out altogether.  In such a case, the trustee (either individual or company) only needs to be identified as a party to the Agreement.

Registered Business Name or Partnership

A registered business name or partnership are not classed as separate legal entities and so cannot contract in their own right.  In such cases, the registered business name holder or the individual partners would be the parties to an Agreement.

 

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