Negotiation & Contract

Kavoos Trading Legal team is ready to provide legal support to individuals and legal entities in order to edit and audit your business contracts in your import/ export business, as a contractor, as an employee/ employer.

 

The vast majority of our relationships in life, whether personal life or business environment, are negotiable. The term negotiation includes a wide range of activities and relationships, from the setting up of an international business deal to the re-engagement of two relatives who have muttered together. Definition of Negotiation is a dialogue between two or more persons or groups aimed at achieving a common understanding, resolving disputes, or gaining the benefit of that dialogue, establishing an agreement on the periods of action, bargaining for group or collective gain, or obtaining a satisfactory result is made for the benefit of all individuals or groups involved in the negotiation process.

Negotiating the art of bargaining and rejecting privileges between individuals or groups to achieve a common understanding and accepting environment for resolving disagreements or gaining benefits to points of sharing by exchanging privileges.

It's definitely a good bargain for you to get the most points and give the lowest points while keeping the other side willing to continue to cooperate (Contract).

The contract may be concluded between one or two or more. On this basis, everyone should know who wants to contract.

Know the full details of your party and measure its expertise and ability to enforce the subject of the contract and ensure that the person is a party to the contract is competent to consider.

And this is especially important in contracts that are relevant to the person concerned.

For this reason, it is necessary to mention detailed parties information in the contract preamble.

Mentioning these details clarifies if the parties in the contract are either individuals or legal entities.

 

 I- Individual 

The individual who wants to enter into a contract must have the full competence and authority to approve and execute the contract to be necessary for this purpose.

  1. Check whether there is a legal personality for the contract? Probably not bankrupt, his property is not seized, it is not prohibited.

  2. His scientific and technical qualifications, thorough the examination of a degree, can be provided in the form of certificates attesting to his experience and work experience in this regard. Only in certain works (such as gas pipelines) have the necessary permission from the gas company?

  3. If the execution of a contract is conditional upon the party having a contract of capital and initial facilities, the amount of his assets must be checked, whether it is capable of executing the contract or not?

  4. If a person is a foreign national, does he have a work permit from the Ministry of Labor and Social Affairs?

  5. A picture of the identification card (passport) is received and it compares between the contractor's details in this case and what is mentioned in the contract to ensure that they are guaranteed.

II- Legal Entity:

When the party is a legal entity, it is necessary to ensure that it is legal and that it has the authority of the members of the board and signatories, the subject of the company, the financial ability, and competence to perform and conclude the contract. For this purpose:

  1. It is necessary that the company's identification and registration documents include: the Articles of Association, the announcement of the establishment, and the latest company changes.

  2. By checking the identification and registration documents of the company to verify the company's legality and its eligibility.

  3. By considering the subject of the company, it is clear that the subject of the contract is consistent with the subject of the company.

  4. The company profile, such as the legal residence, the name, registration number, which should be mentioned in the introduction of the contract, must be adapted to the identification documents.

  5. The members of the board of directors and the managing director and their powers shall be examined in the articles of association, in addition to which authorized holders of the signature are authorized. The way in which their signatures are recognized is to be determined and that the subject of the contract is likely to be issued, for which they are required to obtain specific authorization from the board of directors or general assembly (In accordance with Statute 9 and therefore not subject to the authority of signatories).

  6. Check the status of the company that is currently not prohibited or bankrupt, Or for reasons of property not being seized.

  7. The status of the signatories of the contract is checked, and it is also carefully noted in the announcement of the latest changes whether the signatories of the contract are still qualified for the signing of the documents by the company or not.

  8. be careful that the company has the financial and facilities, expertise, and the amount of work that it has, the ability and ability to execute the subject of the contract, which is in contracts, and so on. . . By referring to the rules of the organizing program, coding and relevant ranking were applied.

In addition to the specifications of the parties to the contract, which must be specified in the contract. The economic code of the party must be mentioned.

© 2023 by Kavoos Trading.

sales@kavoostrading.com

Tel: +91 800 790 2397

       +98 912 187 9056