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Preliminary Contracts are
  • a)
    binding on the Company
  • b)
    binding on the Company, if ratified after incorporation
  • c)
    binding on the Company, after incorporation
  • d)
    not binding on the Company
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
Preliminary Contracts area)binding on the Companyb)binding on the Comp...
Preliminary Contracts
Definition: Preliminary contracts are agreements made before a company is incorporated. They are considered preliminary because they are made during the negotiation and planning stages of a business, before it becomes a legally recognized entity.
Binding on the Company:
- Preliminary contracts are generally not binding on the company until it is incorporated. This is because a company does not exist as a separate legal entity until it is formally registered.
- Until incorporation, individuals involved in the negotiation and planning stages of a business may be personally liable for any obligations or liabilities arising from preliminary contracts.
Binding on the Company, if ratified after incorporation:
- Once a company is incorporated, it has the ability to ratify or adopt the preliminary contracts entered into prior to its incorporation.
- Ratification can be done through various means, such as a board resolution or by including the terms of the preliminary contract in a subsequent formal contract.
- If the company chooses to ratify the preliminary contract, it becomes binding on the company and the company assumes all rights and obligations under the contract.
Binding on the Company, after incorporation:
- If a preliminary contract is not ratified or adopted after incorporation, it may not be binding on the company.
- However, it is important to note that the specific circumstances and the terms of the contract itself will determine whether or not it is binding.
- If the contract is deemed to be essential for the company's operations or if there is evidence of an intention to be bound by the contract, it may still be enforceable.
Not binding on the Company:
- In general, preliminary contracts are not binding on the company until they are ratified or adopted after incorporation.
- Without ratification, the company does not assume any rights or obligations under the contract.
In conclusion, preliminary contracts are not binding on the company until they are ratified or adopted after incorporation. The specific circumstances and terms of the contract will determine whether or not it is enforceable. Until incorporation, individuals involved in the negotiation and planning stages of a business may be personally liable for any obligations or liabilities arising from preliminary contracts.
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