Signed and delivered by the within named: Overview, definition, and example
What is "signed and delivered by the within named"?
"Signed and delivered by the within named" is a formal phrase often used in legal contracts and agreements to indicate that the parties mentioned in the document (the "within named") have signed the document and officially delivered it, making it legally binding. This phrase confirms that the individuals or entities identified in the agreement have executed (signed) and formally acknowledged (delivered) the contract, thereby demonstrating their consent to the terms and conditions outlined in the document.
It’s typically placed near the end of a contract, often before the signatures, and is used to validate the execution and delivery of the agreement by the parties involved.
Why is "signed and delivered by the within named" important?
This phrase is important because it clarifies that the contract has been executed properly and is legally effective. It ensures that all parties involved are aware that they are bound by the terms of the contract once they have signed and delivered it.
For parties entering into agreements, it’s essential that contracts are not only signed but also delivered to the other parties in order for them to be legally enforceable. The phrase serves to emphasize the official and final nature of the document execution.
Understanding "signed and delivered by the within named" through an example
Imagine a business partnership agreement between two companies. The contract outlines the terms of the partnership, including roles, responsibilities, and profit-sharing. At the end of the document, the phrase "Signed and delivered by the within named" precedes the signature lines of the authorized representatives of the two companies. This confirms that once both parties sign the document, the agreement is officially in effect and binding.
In another example, a lease agreement between a landlord and a tenant includes the phrase "Signed and delivered by the within named" before the landlord and tenant sign the document. This ensures that both parties acknowledge that they have read and accepted the terms of the lease, and the contract is valid upon execution.
Example of "signed and delivered by the within named" clause
Here’s how the phrase "signed and delivered by the within named" might appear in a contract:
“IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written, and it is hereby acknowledged that this Agreement has been signed and delivered by the within named parties.”
Conclusion
"Signed and delivered by the within named" is a formal legal phrase that indicates that the parties to a contract have both signed and delivered the agreement, making it legally binding. This phrase helps confirm that the document is fully executed and that the parties involved are officially bound by its terms. It plays a key role in ensuring the enforceability of contracts and provides clarity that the agreement has been properly finalized.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.