Documenting business relationships.
WHAT A CONTRACT REQUIRES
Offer and acceptance Consideration Intention to create legal relations Capacity Certainty of terms
WHY WRITING MATTERS
Verbal agreements are enforceable but difficult to prove.
WHAT TO PUT IN WRITING
Everything of consequence.
WHAT A COMMERCIAL AGREEMENT SHOULD COVER
The parties, correctly identified What is provided Price and payment terms Duration Obligations of each party Liability and its limits Confidentiality Termination Dispute resolution Governing law
WHY PARTY IDENTIFICATION MATTERS
Contracting with the wrong entity makes enforcement difficult.
WHAT TO VERIFY
That the entity exists and the signatory has authority.
HOW
The registry, and a board resolution where appropriate.
WHAT EXECUTION TYPICALLY REQUIRES
Signature by authorised persons The company seal, where the articles require it Witnessing, for certain documents
WHAT TO CHECK
What your articles and the document require.
WHAT STAMPING MAY BE NEEDED
For certain instruments, to be admissible.
WHAT TO KEEP
Executed originals, securely.
WHAT TO AVOID
Templates from other jurisdictions.
WHY
They reference law that does not apply.
WHAT TO ENGAGE
A solicitor, for anything of value.
