What is Commercial Documentation?
A commercial document is an official document used for business matters, regulatory matters, and government matters. Commercial documentation is required for all purposes. Under different laws and regulations, documents are needed for the seamless functioning of the business. Without documentation, it is impossible to start a corporate entity or business. Commercial documentation is usually used in a business relationship where there are different parties.
Commercial documentation is required in the following areas:
In business dealings, companies have to negotiate different terms. Hence commercial documentation is used regularly. Take, for example- A contract between two or more parties is a commercial document. This document has a binding force between the parties, and it is regulated by law. Still, a contract is used by the parties to know the rights and liabilities of the parties in the agreement. Apart from contracts, commercial documentation is used in other such as employment, intellectual property, and advanced research.
In government dealings, commercial documentation is mainly used. Every authority has its requirement, and the applicant seeking to start a new opportunity under the government has to comply with the provision of authorized commercial documents. For example, when a company has to register its head office, the SPICE INC-32 form must be provided. Along with this, the formalities such as obtaining a digital signature certification and submitting the memorandum of association and articles of association of the company is required.
These documents must be submitted to the Ministry of Corporate Affairs (MCA) and the registrar of companies (ROC). Though this process can be carried out online, still the government authority would want to verify the documents. Such documents have to be verified according to the requirements of law.
International documentation, such as global documentation, forms an integral part of the country's development. When in countries enter into agreements, they sign Memorandum of Understanding (MOU) with each other. The MOU stipulates the terms and conditions between the countries. The MOU between the countries specifies the agreement terms and the period in which the countries exchange services. Apart from this, when a company wants to establish its office outside India, then it must adhere to the requirements of the Foreign Exchange Management Act, 1999. The Reserve Bank of India (RBI) is the central authority behind foreign exchange management in India. Hence, the company has to comply with the relevant foreign exchange laws under the RBI.
What are the problems with Commercial Documentation?
When it comes to commercial documentation, then adaptability is one of the major concerns faced by different organizations. Some organizations have not developed their resources to change with the changing environment. Due to this, processes within some organizational frameworks are slow.
Technology is a significant issue in some organizations. All organizations do not have the benefits of technology platforms. Due to technological issues, organizations have slow processing times, which reduce the speed at which documents are processed. Having technology may seem like a boon to an organization, but there are lots of technical problems. For example, an organization using advanced technology interfaces would be prone to cybersecurity threats and data breaches.
Regulatory requirements vary according to the region. This is not only limited to a particular region but applies to different countries. For example,- Commercial documentation requirements would be different for the State of Karnataka compared to the documentation requirements for the State of Maharashtra.
Commercial Documentation Services provided by Enterslice
Enterslice is a recognized consultant providing different forms of compliance-based services. Our professionals at Enterslice possess extensive experience in handling corporate matters, regulatory problems, and legal issues. Apart from this, our professionals are competent in handling the documentation needs of your business. Our team is experienced across different sectors and can guide your organization to achieve its goals and objectives.
At Enterslice, we provide commercial documentation services for the following areas:
Global and Foreign Exchange Management Act
Our team of professionals has experience handling commercial documentation needs for setting up professional businesses in the USA. We assist in forming different structures in the USA.
Our global team can also handle documentation services when it comes to starting a business in Singapore. We also assist in handling intellectual property matters in Singapore, such as Trademark registration and copyright registration.
We specialize in entity incorporation as well as documentation activities in Hong Kong.
Foreign Exchange Laws- When it comes to foreign exchange, the primary regulatory authority for foreign exchange laws in India is the RBI. The RBI, along with the Government of India (GOI), brought out the Foreign Exchange Management Act, 1999. Specialized institutions known as authorized banks are permitted by the RBI to deal with foreign exchange matters. Any business that wants to set up a foreign company or invest in foreign securities has to approach the RBI with the appropriate documentation. Our team of expert professionals would handle the following matters:
- External Commercial Borrowings Compliance.
- Documents On Acquisition of Immovable Property Outside India.
- Documents if a foreign investor invests money in a Non-Banking Financial Company (NBFC).
- Document assistance for loans to Non-Resident Indians and loans utilized by foreign companies.
- Documentation related to valuation exercises, which are carried out by a SEBI registered merchant banker.
- Setting up a branch office/ liaison office by a foreign company in India.
Employment Laws and Relevant Labour Laws
Agreements related to employees
We provide commercial documentation services such as drafting necessary employment agreements for employees. Our employment lawyers have vast experience in employment contract drafting. We also provide document litigation services for different organizations.
Our commercial dealings with directors have provided us experience in drafting different forms of service contracts. In these service contracts, the period of employment and the terms and conditions of the service contract must be appropriately mentioned.
Conduct states how the employees of the organization will perform their duties in an organization. We have experience of this, as we have drafted a code of conduct for different organizations.
Non-Compete contracts or clauses are a part of the employment agreement which are incorporated in an agreement to act as a restraint on the director from competing with the previous employer. These clauses are present in contracts as a restrictive covenant to limit the dealings of the director. However, the restrictive covenants of an employment agreement must be reasonable.
Commercial and Corporate Law
We assist in the preparation of important documentation, such as:
Contracts which the director enters into to carry out the services for the company.
Shareholder Agreement/ Contract
Shareholders are the founders of the company. They are the key executives in the management of the company. It is crucial to draft a shareholders’ agreement for the company, as this will specify the shareholders' rights and liabilities. If there are any inconsistencies between the companies’ act 2013 and the provision of the shareholder's agreement, the company's actions will have priority.
Employee Stock Options/ Share Purchase Agreement
The company provides employee stock options to the employees for their dedication. We help in drafting commercial documentation such as the Employee Stock Options for your organization. A share purchase agreement is a contract between a shareholder and the company that the shareholder is subscribing to shares owned by the company. The company provides a share purchase certificate to the shareholder for the purchase of shares.
Memorandum of Understanding
We help companies to enter MOU with other companies for the services provided.
Loan Agreement- With constantly liaise with banks, to ensure that your loan transaction for carrying out the project is seamless and uninterrupted. Right from the application stage to securing the loan, your company would end-to-end access to the loan.
A Non-Disclosure Agreement (NDA) is also known as a Confidentiality Agreement. Through an NDA, the parties agree to keep certain information confidential. An organization providing non-disclosure agreements must ensure that there is adherence to the terms.
Joint Venture Agreement (JV)
A Joint venture is an agreement between two or more entities to carry on business together for a specific period. After the completion of the above period, the parties can get back to normal working terms. We ensure to concentrate on your criteria while drafting the Joint Venture Agreement.
Intellectual Property Documentation
We ensure the seamless and smooth running of your business. We will assist you in understanding the media, IT, and technology agreements. There are different forms of intellectual property rights. These are as follows:
We Endeavour that your intellectual property rights are protected. We have liaised with institutions that register intellectual property rights.
We assist in drafting documentation such as the deed of partnership and other relevant partnership documents.
We have prior experience in registering trusts and non-government organizations. We ensure the smooth forming of your trust business.
A franchising agreement is a contract between a company and another entity to run a franchise for a particular period. Specific franchises are formed to earn a certain percentage of profits. However, every franchisee must pay a specific amount of profits to the company.
Competition Law Agreements
Competition Law agreements come under the Competition Act, 2002. These agreements are incorporated to ensure that there is no form of abuse of dominance position created by the parties to the contract. Distribution Agreements also come under the ambit of regulatory compliance when a particular distributor is appointed to maintain optimum sales within the area. However, when creating a distributor agreement, it is important to ensure that there are no barriers, such as geographical or technological barriers.
We have prior experience in dealing with conveyance matters. Our team of lawyers will assist you in your conveyance requirements. We provide advice in the following areas:
Private Conveyance Documentation
This involves preparing documentation under the Real Estate Regulation and Development Act, 2016. This form of documentation will include lease agreements and other forms of rental agreements between the landlord and the tenant.
Assignment and Conveyance Agreements
This includes the assignment of property under the relevant local land legislation.
Security Deposit and Annual Maintenance Agreement
In every conveyance agreement, there is a minimum security deposit requested by the landlord. We help private as well as commercial landlords to prepare commercial documentation related to security contracts and agreements. With this, we also provide an Annual Maintenance Agreement, which tenants have to oblige to.
Enterslice Benefits –Commercial Documentation
- Enterslice is a recognized consultant in carrying out Commercial Documentation Services.
- We have multifaceted teams of professionals comprising of Chartered Accountants, Business, and regulatory experts.
- We have extensive experience in transaction and business-related matters.