Drafting contracts, drafting protocols of disagreements
Drafting contracts is a very time—consuming process that requires care and professionalism. The absence of a qualified lawyer in the company’s staff leads to incorrect drafting of contracts and accompanying documentation, which entails a number of problems for management and employees. That is why, in order to draw up contractual documentation, you need to contact only professionals with extensive work experience.
The documents that are created and prepared by experienced lawyers of the outsourcing company “Daxiko Company” are guaranteed to have legal force and will be accepted by any authority.
The procedure for drawing up the contract
Contractual documents are developed individually, depending on the principles of the company’s work. But there are general rules that must be taken into account when forming a document.
This procedure is carried out in stages as follows:
- The name of the document is indicated;
- The parties to contractual legal relations are determined;
- The subject of the contract is indicated;
- The cost is calculated;
- The terms and procedure of payment are specified;
- The rights and obligations of the parties are listed;
- The terms of the agreement are determined;
- The procedure for making any changes is formulated;
- The details are fixed;
- The document is signed by both parties.
Stages of agreement approval
Practice shows that no matter how automated the document flow of an enterprise is, the approval algorithm does not change:
- Transfer of the document for signature to the head;
- Coordination of the draft document with officials and departments;
- Design of the results;
- Preparation of a protocol of disagreement in case of disputes.
When a protocol of disagreement is needed
Sometimes there are situations when the company is not ready to conclude a contract provided by contractors or partners for a number of reasons. One of these factors may be disagreement with some points of the offer. In rare cases, the settlement of this issue takes place orally. But such agreements have absolutely no legal force, it is impossible to refer to them in the future.
The best way to resolve disputes is to draw up a protocol of disagreement, which will represent the interests of the company in the most favorable conditions, adjusting the rights and obligations of the parties. Absolutely any edits that do not contradict the Kazakh legislation can be included in it. As a rule, the main points of the offer are not affected, and the corrections are partial. A competent specialist of Daxiko Company will quickly and correctly carry out this procedure, having thoroughly studied the problem that has arisen. The time frame for the development of the document is about 30 days.
Of course, the importance of the protocols of disagreement is very high. It should be remembered that neglecting this document, the organization risks encountering undesirable consequences.
The protocol of disagreement is drawn up in 2 copies, in free written form. Nevertheless, it must necessarily contain:
- Information about when and where it was compiled;
- Details of the agreement that it supplements;
- Names of the parties to the main agreement;
- A list of conditions that must be stated in a different wording.
If the other party does not agree with the protocol
In the event that the counterparty does not agree with the terms of the protocol of disagreement, he can write a review on this document, or develop his own protocol. After that, the parties additionally stipulate the conditions and make edits. If the disagreements have not been resolved, then the head of the company has the right to make a sole decision to terminate further cooperation.
If the parties come to a consensus, a new agreement with the amendments is concluded between them. Also, the protocol can be issued as an additional agreement to the original version of the offer. The protocol of disagreement comes into force only after it is signed by both parties and appropriate marks are made in the main agreement.
We provide a wide range of legal services throughout Kazakhstan. Daxiko Company will accurately draw up a contract for you, develop an additional agreement, a protocol of disagreement, and also conduct an examination for compliance with legislative norms. We will always help you with legal issues. Competently, quickly and legally.