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Consider a hypothetical partnership agreement between 2 companies in 2 different countries (Australia & Saudi Arabia). On the last page of the agreement it requires signatures from Company 1 and Company 2.

Who should sign the agreement from each company? Can it be the account manager? General manager? CEO? The owner?

How can the other company know this person is really representing their company?

Do you need a witness for the agreement? If so, what does the witness witness?

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  • Worth noting that U.S. courts will often treat Saudi Arabia as effectively lawless and so devoid of the rule of law and due process that agreements with it to be enforced under Saudi Arabian law and rulings from Saudi Arabian courts are treated as meaningless. Other jurisdictions might do the same. – ohwilleke Dec 28 '20 at 6:16
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It should be someone authorized to sign agreements on behalf of the company. Company policy or bylaws will indicate who is authorized, and if that power can be delegated. Generally it is someone fairly senior, but the exact position can vary. Such agreements usually include an assertion that that person signing is authorized to do so.

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    Often the agreement will contain a warranty or representation that the person signing it has authority to act. Usually apparent authority which this grants is sufficient. If one party is a government, actual authority is needed and some due diligence and an opinion of counsel might be desirable to establish that fact. – ohwilleke Dec 28 '20 at 6:14

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