This document outlines the key elements of drafting agreements, including features like being clear, concise, organized, readable and internally consistent. It lists the basic parts of an agreement such as the title, date, parties, recital, consideration, definitions, body, interpretations, boiler plate clauses and signatures. It also notes details needed like the purpose, parties, subject matter, effective date and parties' concerns. Finally, it lists some legal issues to consider like offer/acceptance, consideration, capacity and certainty.
Introduction to Commercial Contract DraftingEMLI Indonesia
Materi Workshop Contract Drafting yang disampaikan oleh Bapak Dendi Adisuryo yang memiliki background sebagai commercial lawyer akan memberikan pemahaman dan pandangan kepada peserta workshop mengenai beberapa segi hukum kontrak, norma kepatutan hukum kontrak dalam proses penyusunan kontrak serta mengenai kontrak atas transaksi bisnis yang bersifat lintas negara.
Introduction to Commercial Contract DraftingEMLI Indonesia
Materi Workshop Contract Drafting yang disampaikan oleh Bapak Dendi Adisuryo yang memiliki background sebagai commercial lawyer akan memberikan pemahaman dan pandangan kepada peserta workshop mengenai beberapa segi hukum kontrak, norma kepatutan hukum kontrak dalam proses penyusunan kontrak serta mengenai kontrak atas transaksi bisnis yang bersifat lintas negara.
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Check out these study notes which I found online and which I think will be very useful to you. I have made hard copies which I will give to you at the next lecture.
Best Practices and Tips for Contract Drafting - Contract BazarContract Bazar
In this presentation, we will explore best practices and tips for Contract drafting. Contracts are the foundation of business relationships, and a well-drafted contract can help parties avoid disputes and protect their interests. We will cover key elements of a contract, drafting tips and techniques, common mistakes to avoid, negotiation strategies, ethical considerations, special considerations for specific types of contracts, important provisions and clauses, and contract management and administration. If you want to learn more about contract drafting, visit https://www.contractbazar.com/blog/contract-drafting/ for more insights and resources.
Getting Down To The Details: Contract Basics for Non-LawyersCal Stein
This webinar will address the following topics: (i) the general structure of contracts, including how that changes among several common types of contracts; (ii) when contracts are needed and when they are not, and the advantages and disadvantages of having a contract; (iii) things you should look for in a contract, again, including how that changes among several types of common contracts; (iv) things that should set off alarm bells for you any time you see them in a contract you are considering entering into; and, (v) things that may invalidate a contract.
Contact the author at: cstein@dbslawfirm.com
Webinar on “INCORPORATION OF A PROPER AND EFFECTIVE DISPUTE RESOLUTION CLAUSE IN EVERY BUSINESS AGREEMENT” will be held on the 10th December 2020 from 4 P.M. to 5.00 P.M.
Shri Moksha Kalyanram Abhiramula, Hon. Adviser on Company Law Matters & Intellectual Property Rights at ACC will be the speaker.
Tips to Simplify Contracting Process By SN PanigrahiSN Panigrahi, PMP
Tips to Simplify Contracting Process By SN Panigrahi,
Categorise the Contracts,
Standardize Formats Based on Categorization,
Standardize Clauses,
Standardize Specifications / Item Codifications,
Creation of Clause & Template Libraries,
Delegate Authority with Controls,
Committee Based Contract Finalization,
Team Collaboration
These slides describe the law that applies to Last Wills and how a Last Will can be created. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe when a Deed can be rectified and the steps that should be followed for such rectification. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the law that applies to leases and tenancies. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the law applicable to sale of immovable property and the steps that should be followed in such a transaction. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe who can enter contracts and limitations to such rights to contract. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the effect of Servitudes on immovable property and what are positive and negative Servitudes. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the legal status of co-ownership. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe what is meant by "Prescriptive Rights" and how properties are acquired through Prescription. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the law relating to the payment of stamp duty and when such payment should be made in respect of various instruments. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe the main provisions of the Registration of Documents Ordinance of Sri Lanka and what should be observed by Notaries when submitting Deeds and Notices for registration. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
These slides describe what is meant by a Power of Attorney and the manner in which a Principal can delegate authority to a Power of Attorney holder. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
This describes the functions of a Notary. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
This describes what is meant by an Affidavit and the manner of taking an Oath. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
The main provisions of the Prevention Frauds Ordinance. This is from a lecture in Conveyancing conducted for the final year students of the Sri Lanka Law College in 2007
Condominium property law part 4 - Revisions and Cessation of a condominium ...Ajithaa Edirimane
One of the series of lectures of the Post Attorney Diploma in Conveyancing and Real Property Rights conducted by the Institute of Advanced Legal Studies affiliated to the Sri Lanka Law College (2019 - 2020)
Condominium property law part 3(b) - Financial IssuesAjithaa Edirimane
One of the series of lectures of the Post Attorney Diploma in Conveyancing and Real Property Rights conducted by the Institute of Advanced Legal Studies affiliated to the Sri Lanka Law College (2019 - 2020)
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
1. DRAFTING OF AGREEMENTS
Ajithaa Edirimane, LLB MLB
Attorney-at-Law & Notary Public
COPYRIGHT Ajithaa Edirimane - No part of this slide
presentation shall be copied or extracted or used in
anyway without the publisher’s permission -
ajithaa2001@yahoo.com
2. Features of a well drafted Agreement
Clear and concise
Well organized
Logical numbering of paragraphs
Readable and understandable
Internally consistent with certainty of meaning
Simple while expressing the intention of parties
Accurately reflects the agreement the parties have reached.
3. Basic parts of an Agreement
Title ( in capital letters)
Date
Parties
Recital
Valuable consideration
Definitions
Body of the Agreement
Interpretations (i.e. Headings and
Language)
Boiler plate clauses
Schedules
Testimonials and attestations
Signatures and seals
4. Details and Information necessary to draft
an Agreement
What does the drafter hope to achieve?
Who are the parties to the agreement?
What is the subject matter and nature of the agreement?
From when will the agreement take effect?
What does the other party reasonably hope to have included in
the agreement?
What are issues and concerns of the parties to the agreement?
5. Legal issues
Offer and acceptance
Valuable consideration
Capacity to contract
Certainty of subject
matter and terms
Due diligence tests
Rule of Contra
Proferendum