Drafting Corporate and Commercial Agreements by Rodney D. Ryder

By Rodney D. Ryder

This booklet specializes in structuring advertisement contracts successfully with a particular emphasis on matters that stem from the potent administration and commercialisation of contracts

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22 Corporate and Commercial Agreements signatures occur has no legal effect. It is also expedient to ensure that preceding pages are also initialled or signed by the Parties. Forms of Attestation There is no particular form of attestation but it should appear clearly that a witness intended to sign as an attesting witness. The practice in Indian forms is to write the word “Witness” above the signature. In English forms between the signatures of the executants and witnesses the words “in the presence of” are added.

40 Company Law: Forms and Precedents 41 provisions are more stringent in the case of public companies and less so for private companies. A private company that is a subsidiary of a public company is, with a few exceptions, treated as a public company. Types of Companies Public and Private Companies A Company may be incorporated, as either a public or a private company. To qualify as a private company, its articles of association must restrict the right to transfer its shares, limit the number of shareholders to 50 (excluding employees and former employees) and prohibit any invitation to the public to subscribe to shares or debentures.

Vol. 12, para 1329. 1 However, this has now fallen in disuse and the modern practice is either to note the errors before the testimonium or to execute a separate supplementary deed (post). Endorsement and Supplemental Deeds When a deed or agreement becomes necessary in pursuance of, or in relation to, a prior deed, this is effected either by endorsement on the prior deed when a short writing would be sufficient, or by a separate deed described as “supplemental” or “intended to be read as annexed to the prior deed” in which case, detailed recitals of the prior deed are unnecessary.

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