JAYESH SANGHRAJKA & CO. Chartered Accountants From the Research Desk______________________________________
1
his letter is for private circulation only. The letter is brought by a group of professionals – Batgach. These professionals represent several well established Chartered Accountancy Firms. The letter is being brought only with the intention to give information & not to solicit clients or business against the guidelines issued by The Institute of Chartered Accountants of India.
Drafting an Agreement
What is a document?
Ordinarily the word "document" denotes a textual record. Increasingly sophisticated
attempts to provide access to the rapidly growing quantity of available documents raised
questions about which should be considered a "document”, writing is a document, Words
printed, lithographed or photographed are document, a map or plan is a document, an
inscription on a metal plate or stone is a document, a caricature is a document.
What is an agreement?
According to Sec.2(e) of Indian Contract Act, 1872, every promise and every set of
promises,forming the consideration for each other, is an agreement. It is clear from the
definition thatpromise is an agreement
What is drafting?
Drafting may be defined as the synthesis of law and fact in a language form. Perfection
cannot be achieved in drafting unless the nexus between law, facts and language is fully
understood. In fact drafting can be described as the practice, technique or skill involved in
preparing legal documents that set forth the rights of the parties.
JAYESH SANGHRAJKA & CO. Chartered Accountants From the Research Desk______________________________________
2
his letter is for private circulation only. The letter is brought by a group of professionals – Batgach. These professionals represent several well established Chartered Accountancy Firms. The letter is being brought only with the intention to give information & not to solicit clients or business against the guidelines issued by The Institute of Chartered Accountants of India.
Points to be kept in mind while drafting agreements
Prepare an outline.
Establish a single principle of division and use that principle to divide the subject
matter into major topics.
Arrange the items in a logical sequence.
Give appropriate headings.
Remember the readers of the document in mind when drafting.
The text should be in clear writing.
Use concrete words and be concise.
Avoid gender-specific words as far as possible.
Write in short sentences.
Use proper punctuations.
Avoid drafting in the passive voice and use active voice as it is more direct and
vigorous than the passive voice.
As far as possible put statements in a positive form and make definite assertions.
Avoid unnecessary, hesitating and non-committal language.
Express co-ordinate ideas in similar form.
Keep related words together as the position of words in a sentence is the principal
means of showing their relationship.
In summary, keep to one tense, especially the present tense.
The emphatic words of a sentence should be placed at the end