Correct drafting of legal documents requires a serious approach. It is necessary to arm yourself with special knowledge, to comprehensively study the issue of formalizing certain social relations.
It is necessary
An additional agreement is drawn up with the aim of changing or terminating the agreement. Therefore, before drawing up an agreement, carefully study all the provisions of the main agreement, its essential conditions. It should be remembered that an additional agreement is concluded in one of the following cases:
- at the mutual request of the parties to the contract, - at the request of one of the parties, if it is provided by law or by the contract itself, - if one of the parties refuses to execute the contract and such refusal is allowed by law or contract.
The form of the supplementary agreement is the same as the form of the main agreement. That is, if the main agreement is drawn up in a simple written form, then the additional agreement is drawn up in a simple written form. If the main contract passed state registration or was notarized, the supplementary agreement must also go through all these procedures. If this rule is violated, the additional agreement will be invalidated.
In the preamble of the supplementary agreement, it is necessary to indicate the place and time of its conclusion, surnames, names, patronymics, as well as the positions of the signatories. It should be remembered that how many parties were in the main contract, the same number should be in the supplementary agreement, unless otherwise specified in the contract. The agreement comes into force from the moment of signing (unless otherwise stated in the agreement, contract or law itself), therefore it is very important to indicate the date.
Do not forget to indicate on the basis of which document the signatory acts. It can be a power of attorney, certified by a notary, or the charter of a company. If an individual acts as a signatory in his own interests, such a document does not need to be indicated.
Be sure to indicate the supplementary agreement to which contract is being drawn up.
Indicate in the text of the supplementary agreement in which part the main contract is supplemented, changed or terminated. List all the provisions on which an agreement is to be reached.
The additional agreement is certified by the signatures of the persons who entered into the main agreement, or persons replacing them. Signatures are affixed with seals of the parties, if such seals should be by definition. For example, an individual who is not an individual entrepreneur does not have a seal.