Advocacy and notary office. Legal services for drafting contracts and transaction support, claims work (the most important)

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Advocacy and notary office. Legal services for drafting contracts and transaction support, claims work (the most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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26. Legal services for drafting contracts and transaction support, claim work

For the implementation of this type of service, it is necessary to competently prepare draft contracts and organize legal support for the procedure for their execution by the contracting parties and maintaining the documentation necessary for this (as an annex to the contracts). In this case, you need the help of a qualified lawyer. A lawyer is the most sophisticated person in such matters.

First of all, when making transactions, it is necessary to pay attention to whether legal entities of a certain organizational and legal form have the right to conclude certain transactions and whether they have the right to carry out the types of activities provided for in the contract being concluded.

Legislation and regulations require licenses to engage in certain activities and certain transactions.

When concluding contracts, attention should be paid to the powers of the counterparty's representatives to conclude this transaction and their correct execution.

The question often arises whether the official had the right to conclude the transaction, whether this person performed certain official duties at the time of the transaction, whether the transaction requires the consent of other management bodies of the legal entity (general meeting of shareholders (participants), board of directors). To this end, it is necessary to request constituent documents from counterparties, from which it can be concluded which officials are entitled to conclude transactions without a power of attorney and whether the consent of other counterparty management bodies is required to conclude a transaction.

An important factor in the execution of the contract is place and procedure for consideration of legal disputesrelated to the conclusion and execution of an agreement, which will ensure the most effective protection of the client’s interests.

When preparing draft agreements, it is also necessary to take into account the peculiarities of not only civil, but also other branches of law, for example, legislation on currency regulation, tax legislation, and the requirements of regulations governing accounting procedures.

When concluding a transaction, special attention should be paid to the possibility of optimizing taxation.

Close attention should be paid to the procedure for fulfilling the terms of the contract, i.e., the procedure for boundary control (terms, time and place of drawing up acts of acceptance and transfer of goods or work, reflection of the quality and quantity of goods received, etc.).

Engaging a lawyer to participate in negotiations with the client’s counterparties on the issue of concluding an agreement (agreement), the procedure for its implementation, and other things allows the client to receive legal assistance directly and immediately, which will help to avoid mistakes and the need to correct them.

The lawyer involved in the negotiations must familiarize himself with the available documentation in advance, carry out its legal analysis and, on its basis, provide his proposals.

Authors: Nevskaya M.A., Shalagina M.A.

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