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This classic work is a quick and easy guide to drafting better documents, agreements, etc., needed in modern day commerce.
Being the first book of its kind, it provides invaluable help to the layman as well as the professional lawyer, company executive, banker or government official. It is of equal use to the public and the private sectors and National and International banks. Real estate agents will also find the book indispensable.
The book attempts to provide instant specimen forms and guidance for drafting documents needed in today 's developing trade and commerce. The author has directed his emphasis upon areas that have assumed greater importance under the revised industrial policy and the new Statutes, rules and regulations governing industrial and commercial organizations and institutions in India.
Forms for certain important applications to be made to the Government of India and the various Ministries and Departments as prescribed by the rules, are also given. This will help the parties to an agreement, to understand their respective obligations and limitations vis-a-vis the government and draft their agreements, contracts, etc. accordingly.
Special Features
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Industrial Policy Statements 5 Complete Policy 13, 27/21 Electronic Policy 14, 37 Import Export Policy (1988-1991) 27
Guidelines issued by Government of India, Bureau of Public Enterprises (Materials Management) dated 9th May, 1977 53
Letter of Intent, Industrial Licence, Capital goods, Foreign Collaboration Application 62
Import Policy for 100% Export Oriented Units 73
Delicensing of Industries and Exemptions from certain provisions of Industries (Development and Regulation) Act, 75
Collaboration Agreements 81
Collaboration Agreement 82 Collaboration Agreement 90 Agreement-Description of Products 96 Licensing-cum-Collaboration Agreements 111 Collaboration Agreement approved by the Government of India and containing additional conditions stipulated by the Government of India 118 Agreement regarding Trade Marks 131 Agreement for appointment of a sub-agent by a Foreign Company 136 Share-holder's agreement 141
Application for Foreign Collaboration and allied subjects 146
Application Form for Foreign Collaboration 146 Specimen of Foreign Collaboration approval letter 174 Conditions attached to Foreign Collaboration Approval 176 Application for Licence or Permission 182 Application form for Licence or Permission 187 Form of Legal Agreement for 100 per cent Export oriented units 217
Preliminary Note: Definitions 229 Indemnity 229 Guarantee 230 Agreement 231 Void Agreement 231 Agreement without consideration 232 Pledge 232 Hypothecation 232 Hypothecation to be registered under Companies Act 233
Mortgages in General 234 Forms 239
Preliminary Note (Guarantee) 290
Agreement of Guarantee executed by the Government of the State of 291 Guarantee by Individual(s) in favour of Bank for opening Letter of Credit 296 Guarantee executed by Bank in favour of Financial Corporation 297 Guarantee executed by the Directors in favour of Bank for grant of Medium Term Export Credit limit 300 Guarantee by individual(s) in favour of Bank in respect of Mortgage and Hypothecation Agreement 308 Guarantee by Bank in favour of Financial Institution regarding conversion of a portion of its Loan into Enquiry Share 311 Deferred Payment Guarantee by Bank in favour of Foreign Bank for loan granted by it for financing new project of Borrower 321 Counter Guarantee in favour of Bank by company on whose behalf Bank has executed a guarantee 325 Counter Guarantee by Borrower in favour of Bank 327 Guarantee by Company in favour of Bank in regard to discounting of bills of exchange 330 Guarantee by Company in favour of Bank in consideration of allotting sub-limit to subsidiary 334 Guarantee executed by the Directors of the Borrower Company regarding Bridge Loan to Company 341 Guarantee given by an Individual in favour of Bank for forbearing to sue and to Continue Limit 345 General Letter of Indemnity for Letter of credit opening Bank 350 Indemnity by Company in favour of Bank for discounting etc. of its Bills of Exchange 351 Agreement of Guarantee 354 Indemnity by President of India regarding Consortium Agreement between Banks and a Public Sector undertaking 357
Preliminary Note (Special Transactions) 361
Forms consortium Agreement 362 Joint Deed of Hypothecation 380 Inter-se Tripartite Agreement 404 Tripartite Agreement 408 Second Hypothecation agreement of Consumable stores and spares 416 Supplementary Agreement between Bank and Company 420 Agreement between Bank and Supplier of X-Ray Equipment 427 Lease Deed between Bank and owner of Building 430 Irrevocable Letter of Authority 437 Letter of Credit 439 Other Forms 443 Banking documents Post Script 452
Preliminary Note 459
Agreement for building a house where the builder supplies all the inputs and materials and an architect is employed; the owner of land pays the Builder a fixed sum in instalments 461 Agreement between Builders and an Architect, or a firm of Architects, for preparation of drawings etc. for erection of buildings 466 Agreement between Builder and Purchaser of Flats where the Promoter/Builder Conveys the land and Building to a Society or Association etc. 469 Development Agreement (giving share of profits of project to owner of land with a minimum amount guaranteed to him) 489 Development-cum-Collaboration Agreement (giving percentage of built accommodation to owner of land) 498 Agreement between Builder and Flat Owner 508 Articles of Association of . . . . . . . Apartment Owners Association Private Limited 527 Sale deed executed by owner(s) in favour of a co-operative society/association of flat owners/apartment owners 544 Power of attorney 549
Preliminary Note 555
Articles of Association of A.B. Company Ltd. (Private Company becomes a Public Company) 561 Memorandum of Association of A.B. Chemicals Private Limited 605 Articles of Association of A.B. Chemicals Private Limited 614 Memorandum of Association and Rules 640 In the matter of Act XXI of 1860 being an Act for the Registration of Literary, Scientific and charitable Society and in the matter of the Institute of Management Studies 640 Preliminary Note regarding Sole Selling Agents 640 Resolutions by Companies appointing the Sole Selling Agents 653 The Companies (Appointment of Sole Rules) Rules, 1975 654 Section 294-AA: Power of Central Government to Prohibit appointment of Sole Selling Agents 668 Borrowing money by a Company Preliminary Note 670 Resolution for borrowing money 671 Appointment of Managing Director/Manager (Statutory Provisions) 672 Forms of application 25-A, 25-B, 25-C and 26 687 Company Deposits (Statutory Provisions) 702 Resolution inviting deposits 708 Companies (Acceptance of Deposits) Rules, 1975 709 Non-Banking Financial Companies and Miscellaneous Non-Banking Companies (Advertisement) Rules, 1977 740 Non-Banking Financial Companies (Reserve Bank) Directions, 1977 744 Miscellaneous Non-Banking Companies (Reserve Bank) Directions, 1977 777 Appointment of Alternate Directors (Resolution) 790 Common Seal and Board of Resolution 791 Registration of Charge under Section 125 etc., of the Companies Act 791
For Agriculture 797 For Shop/Stall 800 For Temporary Structure 806 For Advertisement on Hoarding 811 For removal of Fruit/Usufruct 815 For Catering/Restaurant 818 General Terms and Conditions 822
Preliminary Note 831 Form of Sale Deed 837 Form of Lease Deed 841 Lease of Movables (Preliminary Note) 845 Form of Lease agreement for Moveable assets 846 Lessee's Letter acknowledging goods 852 Lessee's Letter exercised option 853 Lessee's letter accepting lease 854
Preliminary Note 857
Hire Purchase agreement of motor vehicles 861 Hire Purchase agreement of T.V. Set 861 Section 31-A of the Motor Vehicles Act 871
General Licensing Procedure 877 Export (Control) Order, 1988 945 Import Trade Control Open General Licence Orders 963 SUBJECT INDEX 1016
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