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protocol-execution-documents by lanyuehua


									                                     UNIVERSITY OF TECHNOLOGY, SYDNEY
                             PROTOCOL FOR THE EXECUTION OF DOCUMENTS
This document should be completed and attached to any recommendation to a delegate to execute a
document. Pages 1 and 2 relate to the key features of the transaction that is represented by the
document to be executed; page 3 (the Document Process Checklist) relates to the approval process.

Summarise the transaction being
recommended for execution

List the documents to be executed,
including the parties and the method of

Outline the risks and benefits for the
University from entering into the transaction
including relative to other options

Indicate extent of the University’s
commitment, both monetary and in-kind ($);
contingent liability ($)2

If the transaction involves a contract
between UTS and a private sector entity, and
the total or accumulative value of the
contract is equal to or greater than or equal
to $150k, you must provide details to FSU
for inclusion in register of contracts which is
publically available as required by the
Government Information (Public Access) Act
NSW 2009 (GIPA). Grounds may exist for
deleting some of the information in the
register of contracts if there is any
overriding public interest against disclosure
of that matter. Have you considered whether
such grounds exist? Have these been
discussed with UTS Legal Services?

Does the transaction involve a contract
between UTS and a private sector entity
under which the contractor is required to
provide services to the public on behalf of
UTS?3 If so, please provide details of the
services. Does the contract include a clause
giving UTS an immediate right of access to
certain information held by the contractor?
Refer to clause number.

    For example, whether the document needs to be witnessed or under seal
    Where there are resource implications for faculties or divisions other than the faculty/division recommending the
    execution of the document, provide evidence of sign-off by those faculties/divisions
    Contact UTS Legal Services if you need more information regarding whether services are “to the public”.
Are there any issues of compliance with
legislation, UTS policy and guidelines? How
will compliance be assured?

Does UTS need either to:
a) Search the Personal Property Securities
   Register; or
b) record its interest on that Register

Has documentation been prepared or
reviewed by UTS Legal Services? If Legal
Services raised concerns, how have they
been addressed4

Summarise expert advice obtained on due
diligence, intellectual property, financial
issues, insurance, tax and stamp duty5

Give details of consultation process

Who has delegated authority for the
execution of the documents6

What are the issues concerning
implementation, monitoring or review?

Signature of officer making recommendation

In recommending the execution of a document, the APPROVALS and PRE-COMPLETION REQUIREMENTS
sections of the attached Document Process Checklist should be completed. Following execution, the
COMPLETION PROCESS and POST-COMPLETION PROCESS sections should be completed. The
completed checklist and other relevant documents must be placed on an official file. The original document
must be lodged with University Records as a vital record [].

    If a UTS Legal Services authorised proforma document has been used, indicate here
    Relevant advice should be attached
    Cite relevant delegation or Council resolution
                                          DOCUMENT PROCESS CHECKLIST
To be attached to all contracts, agreements, deeds, memoranda of understanding and letters or any
other documents creating legally binding relationships.
                                                                   YES   NO   N/A   APPROVED/
       1 Council approval required
       2 If answer to 1 is yes, recommendation of
         Council committee required
       3 If answer to 1 is no, approval delegated
       4 Risk Assessment completed
       5 Due Diligence completed
       6 Intellectual property rights determined
       7 Costs of transaction included in budget
       8    Transaction valued at $150K or more?
       9 Sign-off by UTS Legal Services
       10 Advice obtained that transaction covered by
       11 Tax advice obtained
       12 Searched the Personal Property
          Securities Register
       13 Arranged to record interest on Personal
          Property Securities Register
       14 Document executed by UTS

       15 Document executed by other party/parties
       16 Document dated

       17 Stamp duty
       18 Recorded UTS’s interest on Personal
          Property Securities Register
       19 Document copied to official file with all other
       supporting documents
       20 Original document to Vital Records
       21 Contract, MOU, Commercial Activity etc to
       be entered or updated in relevant register of
       the BIS []

  Cite Council resolution
  Cite resolution of Council committee
  Signature and position of delegate
  Relevant signature to be included in Approval/Completed column

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