Commercial Documentation
Businesses require a range of legal documents, and Advocate Shaw provides:
Shareholders' Agreements: Regulating the relationship among shareholders, including share transfer restrictions, board composition, deadlock resolution, tag-along and drag-along rights, and exit mechanisms.
Partnership Deeds: For partnership firms, specifying capital contributions, profit-sharing ratios, management, retirement, and dissolution.
Joint Venture Agreements: For collaborations between two or more entities for a specific project or business.
Franchise Agreements: Granting a franchisee the right to operate under the franchisor's brand, with terms for royalties, territory, training, and termination.
Service Agreements: Between service providers and clients, defining scope of work, fees, timelines, confidentiality, and liability.
Non-Disclosure Agreements (NDA): Protecting confidential information shared during negotiations or business relationships.
Employment Contracts and Consultancy Agreements: Defining the terms of employment or consultancy, including compensation, duties, termination, and restrictive covenants.
Vendor / Supplier Agreements: For the supply of goods or services, with payment terms, delivery schedules, quality standards, and dispute resolution.
Affidavits and Declarations
Affidavits are sworn statements used in court proceedings, before government authorities, and in various transactions. Advocate Shaw drafts:
Affidavits for Court Proceedings: Evidence affidavits, affidavits in support of applications, and affidavits of assets and income.
Affidavits for Name Change: For publishing name changes in the gazette.
Affidavits for Marriage Registration: Declaring marital status, nationality, and that the parties are not within prohibited degrees of relationship.
Affidavits of Identity and Address: For use before various authorities.
Affidavits for Succession Claims: Declaring legal heirship for claiming assets of the deceased.
All affidavits are drafted in the proper legal format and notarized/attested as required.
Wills and Succession Documents
Succession planning requires careful documentation. Advocate Shaw drafts:
Wills: Testamentary instruments bequeathing property to chosen beneficiaries.
Codicils: Amendments to existing wills.
Family Settlement Agreements: Recording the division of family property among legal heirs to avoid disputes.
Trust Deeds: Creating private or charitable trusts for asset management, succession planning, or philanthropic purposes.
Registration and Stamp Duty
Advocate Shaw advises on stamp duty and registration requirements:
Stamp Duty: Most legal documents require payment of stamp duty. The rate varies by document type and the value of the transaction. In West Bengal, stamp duty is governed by the Indian Stamp Act, 1899 (as amended by the West Bengal Stamp Act). Under-stamping can render a document inadmissible in court.
Registration: Documents transferring immovable property (sale deeds, gift deeds, lease deeds for more than 12 months) must be compulsorily registered under the Indian Registration Act, 1908. Failure to register renders the transfer ineffective.
Franking and E-Stamping: Advocate Shaw assists clients in paying stamp duty through franking (authorized banks) or e-stamping (Stock Holding Corporation).
Registration at Sub-Registrar Office: Advocate Shaw coordinates the registration process, including booking appointments, preparing documents, arranging witnesses, and appearing before the Sub-Registrar for admission and execution.
Document Review and Due Diligence
Before signing any document, it is wise to have it reviewed by a lawyer. Advocate Shaw provides document review services for:
Pre-Purchase Review: Reviewing sale deeds, agreements for sale, and title documents before purchasing property.
Contract Review: Reviewing commercial contracts before signing to identify unfair terms, hidden liabilities, and risks.
Lease Review: Reviewing lease deeds to ensure compliance with the WBPT Act and to protect the client's interests (as landlord or tenant).
Loan Documentation: Reviewing loan agreements, mortgage deeds, and personal guarantees before signing with banks or financial institutions.