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Customized Drafting
All you need to know
Hire Purchase
In a hire purchase agreement, the buyer (hirer) can rent the products from the seller by making periodic payments over a certain time. Those who are unable to purchase things in one single sum benefit from this form of agreement. After the rental period is over, the buyer is given the choice to buy the products under such an agreement. Ownership won't change until all payments have been made in full. Such transfer or purchase is optional, and it may be cancelled at any time by agreement of the parties.
his kind of transaction is typically carried out to buy items like machinery, trucks, manufacturing equipment, etc.
Sole Selling Agreement
A company may appoint an individual, a business, or a legal entity as a sole selling agent to market and sell the company's goods in markets to which the company may not have access. The only selling agent will be compensated with a salary or commission for exclusively selling the company's products or goods and not those of any competitors.
In a sole selling agreement, the distributor agrees to be the only party selling the company's goods in a specific geographic area. This agreement specifies things like the distributor's ability to sell goods for cash or on credit, the duration of the contract, the commission rate, and other things.
Underwriting Agreement
The agreement between a company issuing new securities and the managing underwriter to buy the shares is known as an underwriting agreement. The agreement's basic terms cover each party's obligations and rights, the size of the issue, the percentage of sales that underwriters may keep, the price at which the security will be made available to the public, the underwriter's profit margin, the deadline by which payments must be settled, and other pertinent clauses.
In these contracts, the underwriter assumes the risk of not being able to sell the underlying securities, and the firm is guaranteed a minimum subscription by the underwriter for a set amount as commission.
Mortgage Deed
Mortgage Deed is legal document which entered by a lender and borrower for transferring the property and the ownership rights to the lender as security for the loan. Such type of deed gives the lender an assurance in case the borrower defaults in repayment. For example, a mortgage loan to purchase a commercial property, a mortgage deed is signed giving the lender a hold on property.
A mortgage deed transfers the legal title of the property to the lender. The lender has no right to do anything with title of the property except to cease the property in the event of non-payment.
Deed of Wakf-Alal-Aulad
"Wakf" refers to the transfer of property ownership in the name of GOD for philanthropic or religious objectives. When a person executes a deed of wakf-alal-aulad, they contribute any form of property towards muslim charity causes. The Charitable Trust is where the given asset/property is kept.
Deed of Wakf-alal-aulad is entered by a Wakif, a person who dedicates the property which results in the transfer of ownership from him to the Charitable Trust. The Wakif may appoint himself as the manager of the Wakf known as Mutawalli. The Wakif or Mutawalli ceases to be the legal owner in the eyes of law and remains only the manager or trustee of the property, which is treated as vested in God according to the Islamic concept of Wakf.
Specific Power of Attorney
A Power of Attorney (POA) is a formal letter granting someone the right to represent them in court. A power of attorney can be precise and confined to transactions clearly specifying the purpose of authority, or it can be general, granting the agent the power to conduct any form of business.
A Limited Power of Attorney is another name for a Particular Power of Attorney. It allows the person who has been given authorization to carry out a certain business transaction and may only be valid for a certain amount of time. It outlines the specifics of the power's scope and its expiration date. Some people prefer particular powers of attorney because they give the agent permission to manage their assets and ensure their protection.
Contract Manufacturing Agreement
Contract manufacturing is the practise of outsourcing out some aspects of manufacturing to other parties.
When one business delivers manufacturing services to another, a contract manufacturing agreement is used to outline each party's obligations. The agreement's executor declares the product specifications and supplies them under the business's brand name. The food and beverage industry, as well as industrial items, pharmaceuticals, etc., frequently carry out these kinds of agreements.
Web Development Agreement
When will you launch your website? A web developer/web designer and the person or company who needs a website designed enter into a binding contract known as a web development agreement. Web design, web content creation, client-side dashboards, server-side programming, and network security configuration are the main components of web development. This contract is governed by the Information Technology Act, just like every other contract.
It essentially defines the nature of the job to be done, each party's role and responsibilities, payment terms, and any other terms that have been mutually agreed upon.
Joint Venture Agreement
A joint venture (JV) is a business entity created by two or more parties, having shared ownership, shared returns and risks, and shared management. Joint Venture companies are the most preferred form of corporate entities for doing business in India. There are no separate laws for joint ventures in India. The companies incorporated in India, even with up to 100% foreign equity, are treated the same as domestic companies.
A Joint Venture Agreement is an arrangement between two companies to combine their resources and develop a new company for their mutual benefit. It sets out the rights and obligation of the parties, objective of forming JV, contribution and share in profit and loss of each party etc.
Franchise Agreement
In a legally binding contract known as a franchise agreement, an established company grants permission to use its brand name. The organisation granting its brand name lays out the terms and conditions, commitments in the contract that must be adhered to by another party in order to establish and operate a business with a similar focus in exchange for a fee and a portion of the profits from the enterprise, known as a royalty payment. It details the specific responsibilities of both the franchisee and the franchisor as well as the anticipated costs.
In general, well-known global brands engage in the franchise sector to expand their operations into other nations.
Agreement to Sell Business
A plan is necessary to exit a business, just as one was needed to enter it. Selling a running firm requires careful planning and a solid strategy. You could argue that starting a business is simpler than selling one.
A contract for the sale of a business between a buyer and a seller is known as an agreement to sell a business. Any form of business, including retail stores, shops, restaurants, professional service offices, and many others, can be purchased or sold via an agreement to sell a business. There are optional clauses and warranties for the protection of both the seller and the buyer following the transaction, together with the terms and circumstances of the sale, the sale price.
Vendor’s Agreement
A vendor is a party that provides goods and services to businesses or customers, whether they be individuals or corporations. In essence, it refers to an organisation that receives payment for the items and services it provides rather than the actual maker of the commodities.
A vendor's agreement is a contract between two or more parties that specifies the terms and conditions of the work to be done by the vendor, the termination of their rights and obligations, and other requirements to be met. It outlines a number of legally binding and enforceable rules that sellers must adhere to.
Agreement Appointing A Common Arbitrator
There are arbitration agreements everywhere these days, and chances are good that you've signed a couple without even recognising it because they typically comprise a section in a bigger contract. By clicking "Agree" to the terms and conditions when purchasing your mobile phone online, you may have consented to it.
An arbitration agreement, which is a legally enforceable written contract, is brought into play when there is a disagreement between two or more parties on their rights and obligations. Instead of going to court to resolve the disagreement, an impartial third person is chosen to act as an arbitrator.
Foreign Collaboration Agreement Drafting
Foreign collaboration is an alliance incorporated to carry on the agreed task collectively with the participation (role) of resident and non-resident entities. Foreign collaboration agreement entered into two or more companies, any of them being a foreign company for their mutual benefits and thereby starting their business in another country with or without forming a separate company.
Foreigner or NRI? Looking to start a new company in India? Check our FAQs section for NRIs.
Foreign collaboration may take place mainly in three forms:
- Collaboration between Indian and foreign private companies;
- Collaboration between Indian government companies and foreign private companies; and
- Collaboration between Indian Government and foreign government.
Non- Disclosure Agreement
A non-disclosure agreement is a contract between two or more parties that specifies the private information, materials, technological know-how, etc. that the parties wish to exchange with one another but that are not to be divulged to any third party. It is frequently signed by enterprises or people who want to conduct business since they must be aware of the procedures followed by the other party.
When a party legally obtains the same information from a third party, non-disclosure agreements assist shield that party from the obligation to keep it a secret.
Exclusive Distributorship Agreement
The relationship between the manufacturer and the seller/distribution is governed by a distributor agreement. It is vital to create a distributor agreement that specifies the relationship between the parties to the agreement since, in general, industries appoint distributors or resellers to market their manufactured goods.
In an exclusive distributor agreement, the distributor is designated as the only distributor of the manufacturer's or supplier's goods in a specific market. Also, it stipulates that the manufacturer or supplier will not sell their goods there directly or through a third party.
Shareholders Agreement
An agreement between some or all of the shareholders in a corporation and frequently the company itself is called a shareholders' agreement, to put it simply. The shareholders' agreement outlines how the firm will be run and how to resolve disagreements that may arise in the future if they are not resolved beforehand.
In essence, it is designed to guarantee that shareholders are treated fairly and that their rights are upheld. Such agreements are made at the time of the initial issue or the company's creation. Due to the fact that it outlines the policies governing the corporation, it is advantageous to both minority and majority shareholders. The fundamental fact that a shareholders' agreement is a contract leads to a few significant aspects.
Del Credere Agreement
A lease deed is an agreement formed for a specific amount of time or an indefinite amount of time between the lessor, or the owner of the property, and the lessee, or the property's occupant. It grants a person permission to use the landlord's property for the predetermined amount of time but does not grant or transfer ownership rights to the lessee.
The deed is often made for a predetermined time frame called as the term. For the purpose of adapting the property's structure to their demands, the owner may grant specific allowances. Up until the end of the lease period, the lessee is responsible for the condition of the leased property.
Lease deed
A lease deed is an agreement between a lessor or the owner of the property and the lessee or the occupant of the property which is made for a certain time period or for endless time for a consideration. It allows a person to use the property of the landlord for the specified time period but does not provide or transfer the ownership rights to the lessee.
The deed is generally made for a specific period known as term. The lesser may grant certain allowances for modifying or changing the structure of the property to suit the needs of the lesser. The lessee will be liable for the condition of the leased property until the term of lease is completed.