common contracts

This article is written by Ramanuj Mukherjee, CEO, iPleaders.

I am going to give you a list of 100 commercial contracts here. These are frequently used by businesses, and knowing how to draft and negotiate these will make a world of difference to your career, no matter what you do.

I think you should definitely make it a point to put this list to good use, tick the ones that you already know how to draft, and count how many are left to learn! It’s always great to remind yourself about how much more there is to learn, because what we already know is just a drop in the ocean.

So here goes the list:

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 General Contracts and Arrangements

  1. Confidentiality and Non-Disclosure Agreement/ Non-Circumvention
  2. Heads of Terms/Letter of Intent/Term Sheets
  3. Exclusivity and Lock Out Agreement
  4. Commission Agreement
  5. Finder’s Fee Agreement
  6. Memorandum of Understanding Agreement
  7. Non-Circumvention and Fee Protection Agreement
  8. Test and Evaluation Licence Agreement
  9. Interim Agreement
  10. Option Agreement

    General Commercial Agreements

  1. Manufacturing Agreement
  2. Venue Hire Agreement
  3. Terms and Conditions
  4. Representation/Agency Agreement
  5. Marketing Agreement
  6. Franchising Agreement
  7. Provision of Services Agreement
  8. Distribution Contract
  9. Consultancy Agreement
  10. Management Agreement

    Corporate Contracts

  1. Acquisition Due Diligence Questionnaire
  2. Employment/Service Agreement
  3. Share/Asset Sale and Purchase Agreements
  4. Joint Venture/Shareholders Agreement
  5. Partnership Agreement
  6. Limited Liability Partnership Agreement
  7. Non-Executive Appointment Letter/Agreement
  8. Business Transfer Agreement

    Lending and Security Documents

  1. Loan Agreement
  2. Security Document (Legal Charge/Debenture)
  3. Guarantee
  4. Indemnities
  5. Loan Repayment or Settlement Agreement/ No Dues Certificate
  6. Parent Company Comfort Letter
  7. Single Bank Loan Agreement
  8. APLMA Syndicate Loan Agreement
  9. Mortgage Deed
  10. Deed of Hypothecation
  11. Pledge Agreement
  12. Corporate Guarantee and Promoter Company Guarantee
  13. Net-worth certificate from a CA
  14. Non-Disposal Undertaking

    Computer/Technology Agreements

  1. Software/Hardware Sale and Purchase Agreement
  2. Licensing Agreement
  3. Maintenance and Support Agreement
  4. Escrow Agreement
  5. Information Technology Procurement and Turnkey Contract
  6. Outsourcing/Application Service Provision Agreement
  7. Software Distribution Agreement
  8. Software Development Agreement
  9. Reseller Agreement
  10. Database & Maintenance Contract
  11. Wireless distribution agreement

    Intellectual Property and Media-Related Agreements

  1. Sponsorship Agreement
  2. Technical Services/Know-How Agreement
  3. Data Processor Agreement
  4. Presenter’s Agreement
  5. Contributor’s Agreement
  6. Research and Development Agreement
  7. Event Management Contract
  8. Hospitality Rights Agreement
  9. Club Rules/Constitution
  10. Merchandising Agreement
  11. Inventions Agreement
  12. Worldwide content license agreement
  13. Work-made-for-hire agreement
  14. E-book publishing agreement
  15. Publishing Agreement
  16. Music license agreement
  17. Video game development agreement
  18. Database license agreement
  19. Click-wrap end-user license agreement
  20. Mobile content provider agreement
  21. Webcasting agreement
  22. Audiovisual streaming agreement

    E-Commerce Contracts

  1. Web Development/Hosting Agreement
  2. Terms of Use/ Terms of Service
  3. Advertising Terms and Conditions/Agreement
  4. Affiliate Program Services Agreement
  5. Promotion Agreement
  6. Data Processor/Processing Contract Letter
  7. Domain Name Transfer/Assignment Agreement
  8. Website Content Provision Contract
  9. Internet Services Agreement
  10. Internet banking services agreement

    Other Internet and Technology Contracts

  1. Master Services Agreement
  2. Statement of Work
  3. Change Order
  4. Order Fulfillment Agreement
  5. Subscription Services Agreement
  6. Maintenance and Support Agreement

    Post Contractual Contracts/Matters

  1. Variation/Amendment Agreements
  2. Termination Agreement
  3. Side Letters
  4. Releases/Contract Cancellation
  5. Trust Deed
  6. Post Incorporation Contract Ratification
  7. Power of Attorney
  8. Deed of Assignment
  9. Deed of Novation
  10. Letters of Comfort

Click to get free materials for contract drafting course!common contracts

How do you learn to draft a contract? Most people learn when they are asked to draft a contract by a senior lawyer or a client.

They get some templates, ask around about what is important, and then do with the template what they understand. Then it is upto the senior to finalize and fix the agreement and give further feedback on how to improve.

This is the process through which people usually learn contract drafting, at least in India.

Unfortunately, this is a long and tedious as well as very uncertain process. What if you don’t get a good boss? What if he is too impatient to be a good teacher? What if he doesn’t know things well himself? What if he is too insecure to teach others?

Even if you are lucky enough to get a good boss, learning complex concepts and doing client work at the same time is no cakewalk.

Now imagine, how would it be if you could do all these minus the pressure of an actual legal office. Imagine you work on two contracts every week, based on templates, imaginary client expectations and instructions provided to you along with study material with respect to that particular contract.

You accordingly draft a contract and submit the same. A professional goes through your submission and gives your feedback in writing, through specific comments so that you can improve the next time around.

You keep doing this week after week. After 50 weeks, you would not have only dealt with 100 contracts, but you will know how drafting and negotiation works. You would also be able to draft a contract you never dealt with before, because by that time you really get the process and the way to do it.

Now imagine a live class following all these where these assignments and answers given by different people are discussed in details!

That’s how we design our contract drafting course. One of the requirements of the course is also that you have to write and publish at least an article once a month! And our experts guide you through all these. It helps you to get noticed by your peers and potential employers.

So what are the people saying about this course? Take a look:

It is important to possess expertise in contract drafting to call yourself a commercial lawyer. It takes some practice and experience in developing this skill set, and this course is aptly designed to give you a head start.

 

  • Jayantika Ganguly, Principal Associate, Khaitan & Co.

 

This is a very exhaustive course on contract drafting – it covers a wide range of contracts, thus catering to multiple industries. The weekly exercises will ensure sufficient practice for all participants. It will be very useful for lawyers and managers who regularly deal with contracts.

 

  • Ketan Mukhija, Partner, P&A Law Offices (Former General Counsel of SREI Group)

 

This course covers a broad range of commercial contracts. Those who can draft these contracts will be ready to take on real legal work with confidence.   

 

  • Shiva Priyamvada, Assistant Professor, Delhi University

 

The industry has a very positive view of this course. But the last words come from the learners themselves.

Just take a look at what those who are actually enrolled happen to say.

I have taken various courses and workshops on contract drafting from Lawsikho and found them useful, and this one is at the cutting-edge because of weekly exercises and feedback. Now I can draft a lot of business contracts which I earlier didn’t as a patent agent. This is now possible as I have practised them in the exercises.

 

  • Praful Gala, Patent Agent and Proprietor for 12 years at Nirmal Innserve

 

Modules in the contract drafting course are very informative. When a client approaches me for contract drafting, I feel more conversant and I am able to give them far more detailed advice. I can identify many more critical contracts than I could earlier. I have done other courses such as the MBL course from NLSIU but it is theoretical like the LLB course. This course is very interactive, and the assignments and reviews are very good. I wish I had done at the time I was studying law.

 

  • Suresh Kumar, Intellectual Property Lawyer, Unimarks Legal

 

The reading materials and templates are very elaborate and detailed. Also, response of Lawsikho team for questions and queries is very prompt.

 

  • Tarun Biswas, Legal Practitioner, Del HC

 

It is a good course. The lectures are very good, because specific clauses are drafted in front of us and we get feedback in track changes, so that is very beneficial. In this format, people are building confidence.

 

  • Sachin Ughade, Manager (Legal), Working in real estate, leasing, acquisition, disposal and statutory compliances of factories, Siemens Ltd.

 

Through the exercises in this course, I am becoming far more effective at blending legal language and commercials into a contract and in coordinating with our law colleagues, who respect my views, despite me not having a law degree. I have gained enormous confidence in my drafting skills. I find the course content and assignments highly updated, cutting edge, relevant and challenging.

 

  • Venkateswaran, General Manager, Adani Ports & SEZ

 

As you can see, from lawyers practicing in courts to lawyers working with top companies, and even business managers with no prior legal exposure love this course. It is advanced knowledge, but prior legal knowledge is not mandatory though will be advantageous.

Everybody benefits from learning to draft and negotiate contracts, but some are already much more ahead than others, and some people put in more effort during the program than others. So the benefit you draw from a program like this will differ. What if you could practice and develop yourself in contract drafting and negotiation?

How will that impact your career? Hit reply to this email and share with me.

And if you want to pursue our amazing online contract drafting course, please visit this page.

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