et meee poi eel Chapter ‘Asic Understanding of Legal Deeds and Documents 7.1 AREY ~ IDAVIT FOR ‘TRANSMISSION OF SHARES - SPECIMEN. , AFFIDAVIT FOR TRANSMISSION OF SHARES, resident of ——————__ 800 of ! daughter of / wife of aged years, (Thais Ms ak ny natant ’ 2 Sere es held in Limited Private Limited No. shares [ Ne. of shares [” Share Certificate No. | Distinctive No | Nominal Value Paid Up Value (3) That | am the only heir legally entitled to inherit the said shares held by the deceased. (4) That no other person has any abjection to the Company's effesting transmission ofthe said shares to my name. I, therefore, request the Board of Directors of Limited / Private Limited to effect the transmission of these shares to my name. oc Place: Signature of the Deponent ! Date: == 7.2 INDEMNITY BOND FOR DUPLICATE BONUS SHARE CERTIFICATE — SPECIMEN ispatched Bonus Share Certificate to Mr. R, R did not receive the Bonus Share Certificate as ee tae rae transit. R applied to ae to issue the Bonus share ceifcate in poten SVA “Limited asked Sr to submit an Indemnity Bond so that Bonus Stare Cenificate in duplicate may 6e issued to im. Draft an Indemnity Bond tobe given by R tothe company for seeking release of Bonus Share Certificate in uplcate. a INDEMNITY BOND FOR DUPLICATE BONUS SHARE CERTIFICATE . son of / daughter of/ wife of. aged years, resident of. I, do hereby state as under: (1). That I hold __ shares in No. ofshares | Share Cerificate No. | DistinctiveNo. | Nominal Value [ _ Paid Up Value Limited / Private Limited as per the details below: a43 Chay cay Basic Understanding of Legal Deeds and Documents, 1 General red in the last Annu 2). That I have not rect i (2). That | have not received the share cemtificate in respeet of bonus shares approv ed on : have not transferred the said bonus shares in favour of any other person. oq 1, therefore, request the i therefore, request the Company to issue me a duplicate bonus share cert it ince of tne loses, which the said Company may incur i aa Wet eres io ndesily he Comp against al having issued me a duplicate bonus share certificate. {confirm that ifthe original bonus share certificates found | wll surrender it tothe Company Signature ofthe Shareholder Place: Date: _ (CIMEN Ta INDEMNITY BOND FOR DUPLICATE DIVIDEND WARRANT ~ SPE “vz Led. Draft an indemnity ‘May 2007 Mr. A fas not received a dividend ‘warrant of Rs. 1,500 for 150 shares of Bond, tobe given tthe company for eng les of Dividend, ee = ‘May 2012 Mr. V is a shareholder of M/s Brown ‘Limited, holding 150 Equity shares of Rs. 10 each, on which the company as declare atl dividend of 1500 forthe year 2011-12. Me Vid not receive the dit ‘warrant sent by the company. eat an “Indemnity Bond to be sent othe company requesting the company to issue a duplicate dividend waren. INDEMNITY BOND FOR DUPLICATE DIVIDEND WARRANT 1 __, son of / daughter of / wife of aged __ years, resident of ‘ do hereby state as under: (1) That | hold shares in, [_ No. ofshares [Share Cerificate No Limited / Private Limited as per the details below: Distinctive No, | Nominal Value | Paid Up Value (2) ‘That | have not received the dividend warant in respect of the dividend declared in the last Annual General Meeting held on. I therefore request the Company to sue mea duplicate dividend waran demi the Company agaist all the loss, which the sti Company may incur i dluplicate dividend warrant. yy incur in consequence of original dividend warrant is found, | will surrender it to the Company. Thereby agree toi hhaving issued me a {confirm that if the Signature of the Shareholder Place: Date:Chap.7 “4 Re Basic Understanding of Legal Deeds and Documents, os 74 SPECIAL POWER OF ATTORNEY TO REPRESENT BEFORE THE REGISTRAR PECIMEN IN CONNECTION WITH INCORPORATION OF A COMPANY - 5! ry horn May 2007 — Draft a ‘Power of Attorney’ by su Memorandum of if the Compa aft a xr of Attorney’ by subscribers of Memorandiu of Association of Sal fr tbe puree Chartered Accountant to appear Before the Registrar of Companies to do the ne incorporation of the compaty. ‘SPECIAL POWER OF ATTORNEY the subseribers to the Memorandum of Association and Articles of Association of __— do hereby authorise Mr. _ . odo the following act 1. To present before the Registrar, the memorandum of Association, Articles of Associaion and all other documents ‘as may be required for the incorporation of the said company. To make such corrections as may be required for the incorporation of the said compa To sign and submit such documents as may be required fr the incorporation of the said company” ‘To do such other acts as may be required forthe incorporation ofthe sad company. 5. To collect the Certificate of Incorporation. ‘The documents furnished by our Attomey shall be binding on us, and shall have same effects and consequences as if they were furnished by us personally. This Power of Attomey is executed by us with ree consent and without any coercion or undue influencs Names, Addresses and Signatures of the Subscribers a) Q) Place: Date: {hereby declare that |am duly qualified, and agree to represent the above subseribers Name, Address and Signature of the Attorney Place: Date: ATTORNEY TO REPRESENT BEFORE THE INCOME 15 SPECIAL POWER OF TAX OFFICER — SPECIMEN sos Df oof ome on as tlre ca oop fi Tt ay 08 fcr in respect of he pending taxation mater, sion oid” rf « Power of ‘Atma’ By om ase eating a rafesinl tapers name Tax, “authors in respec ofthe pending taxation mater. — ~ SPECIAL POWER OF ATTORNEY ., son of / daughter of / wife of aged ____ years, resident of do hey aahorise Mr. , to do the following acts:Chap.7 4s Pech Basic Understanding of il Deeds and Documents . i ssessment {JERSE me bere the Inome Tax Ofer incomes with he pending tation mater for X= 20KR To sig : 1 get and submit such documents as may be required in connection with the said matter amish such information and explanations as maybe required in connection with the said mater- © do such other acts as may be required in connection with the sad matter. aif The documents furnished by my Attorney shall be binding on me, and shall have same effects and consequences they Were furnished by me personally. This Power of Attorney is executed by me with fee consent and without any coercion or undue influence: ‘Name, Address and Signature of the Assessee Place: Date | hereby declare that | am duly qualified, and agree, to represent the abovementioned assessee. Name, Address and Signature of the Attorney Place: Date: SS 7.6 LEASE DEED - SPECIMEN ‘May 2010 The Board of Directors of RSP Limited agrees with X to hire lis flat at NOUDA on lease for ten years @ Rs, 20,000 per month for marketing office of te company. You area senior executive ofthe Board andthe Boar asks you to prepare the ease deed forthe agreement, Draft aleve dee. lease dee assuming LEASE DEED THIS DEED OF LEASE made at __, on this _ day of ___20XX between Mr. / Mrs. , son of / daughter of 7 wife of > aged Resident of hereinafter called “the Lessor") and Mr. Mrs. » son of / daughter of / wife Powel a gaged Resident of (hereinafter called “the Lessee”), : WHEREAS the Lessee is desirous of taking on lease the Residential Flat No. (hereit 4 Scheduled Property) from the Lessor, —— hereinafter called “the NOW THIS DEED OF LEASE WITNESSETH AS FOLLOWS: 1, LEASE RENT : ‘That the lessee shall pay to the lessor monthly rent of Rs. 2, PERIOD OF LEASE ‘That the period of lease shall be ‘years commencing from 3. DUE DATE OF PAYMENT OF LEASE RENT That the Lessee shall pay the ent in advance every month to the Lessor on ot befor th calendar month © and expiring on —— day of eachr Cem7 basic Understanding of Legal Deeds and Documents 4 “QUENCES OF DEFAULT IN PAYMENT OF RENT the Lessor 10 "al i default is made in the payment ofthe rent for any two months, then it shall be lawful for the 5, mini the lease by giving a noice in writing tothe Lessee. 5. ABILITY TO PAY TAXES AND CHARGES bun the That all the taxes as well a insurance premium on the Scheduled Property shall be bome bythe Lessor PX ‘maintenance charges of the Scheduled Property shall be bome by the Lessee. 6. NATURE OF USE OF SCHEDULED PROPERTY ‘That the Lessee shall use the Scheduled Property only for residential purpose and not for any other PursS 7, SECURITY DEPOSIT That the Lessee has deposited a sum of Rs, with the Lessor as security and this amount shi ‘eturned to the Lessee without interest by the Lessor on the termination of the lease. all be IN WITNESS WHEREOF, the Lessor and the Lessee have signed this deed on the day, month and year fist above writen Witness: ‘Name and Signature of the Lessor Ww Name and Signature of the Lessee @ ————————— 17 GIFT OF MONEY - SPECIMEN GIFT DEED FOR GIFT OF MONEY THIS DEED OF GIFT ‘made at on this day of __ 20XX between Mr. | Mrs. son of / daughter of 7 wife of aged resident of (hereinafter called “the donor”) and Mr. /Mis. son of / daughter of / wife of aged resident of. (Hereinafter called “the donee”), WHEREAS the donor is desirous of making a gift to the donee of a sum of Rs. NOW THIS DEED OF GIFT WITNESSETH AS FOLLOWS: 1, MODE OF MAKING GIFT That the donor hereby makes @ gift of a sum of Rs. by Cheque No. aaa drawn on , oak 2. DONOR’S RIGHT ON MONEY GIFTED ‘That the donor hereby declares that he shall have no right on the money gifted by hi ; the money as his canoe and deal with the pitiate his, past by him, and the donee can enjoy 3. DONOR’S RIGHT ON INCOME EARNED ON MONEY GIFTED That the donor has no right whatsoever on the income earned out of the money gifted, 4. FREE CONSENT OF DONOR “That the gift has been made bythe donor out of his free wil and without ; 5. ACCEPTANCE OF GIFT BY DONEE 4ny fore or undue intuenc, ‘That the donee hereby accepts the above giftaa a Basic Understanding of Legal Deeds and Documents year first above papel SS WHEREOF, the Donor and the Donee have signed this deed on the day, month and yé nature of the Donor on ‘Name and Sigt a - [Name and Signature ofthe Done 7.8 PARTNERSHIP CONSTITUTION DEED - SPECIMEN _—_—— ‘Nov. 2008 State te various components wich are required to daf a partnership ded. Nov, 2012 — State te important components reid in writing a “Parinersip Deed” of Busnes. fem - PARTNERSHIP DEED / THIS DEED OF PARTNERSHIP made at _ “yom his __day of _20XX between Mr? Mrs, a Tson of daughter of / wife of. ___, aged _ years, resident of Lal (hereinafter called the “first partner”) and i 7 Mrs. = son of 7 daughter of J wite of __, aged __ years; resident oF : w(hereinaftr called the “Second partner”), WHEREAS the first partner and the second partner have agreed to commence business in partnership, NOW THIS DEED OF PARTNERSHIP WITNESSETH AS FOLLOWS: 1. NAME OF THE FIRM: ‘The business shal be caried on inthe name of Mis_ 2. PLACE OF BUSINESS: The principal place of business shall be situated at_. 3. DURATION OF PARTNERSHIP: ‘The partnership shall commence on _day of. 20XX. The partnership shall be at will 4. CAPITAL OF THE FIRM: Initially, the capital of the firm shall be Rs. to be contributed by the partners as follows: Name of the partner Capital contribution First partner Rs. Second partner Rs. 5, _ INTEREST ON CAPITAL: The balance in the capital account of the partners shall carry an interest of. pa. 6. REMUNERATION OF PARTNERS: ‘The partners shall be paid remuneration as follows: Name of the partner Monthly remuneration First partner Rs. Second partner Rs. 7. PROFIT SHARING RATIO: The profit and loss sharing ratio among the partners shall be as follows: Name of the partner Profitsharing ratio First partner % Second partner %Wi frst above wre EREOF. the First pariner andthe Second pariner have signed this deed onthe day, roth and year Witness: @ @) Name and Signature of the First partner -SaTAG and Signature ofthe Second partner DT a 19 PARTNERSHIP RETIREMENT DEED - SPECIMEN See ‘Nov. 2009 A partnership firm was constituted by A, B, and C. A, the partner of the firm expressed his desire to retire _from the partnership firm by mutual consent Draft a "Partnership Retirement Deed” - PARTNERSHIP RETIREMENT DEED ‘THIS DEED OF RETIREMENT made at sonthis day of_20XX between Mr. / Son of / daughter of / wife of aged __ years, resident of and Mi Ms, fF daughter of / ite of __ aged yeas, resident of (both collectively hereinafter called the ig Partners") and Mr. | Mrs. —, son of / daughter of / wife of aged __ years, resident of (hereinafter called the “Retiring, Partner”), WHEREAS the Retiring Partner has expressed his desir to retire from the said firm, and the Continuing Partners have agreed to the retirement of the Retiring Partner, NOW THIS DEED OF RETIREMENT WITNES! 1, SUPPLEMENTAL AGREEMENT HAS FOLLOWS: This Agreement is supplemental to the deed of partnership dated made between the Continuing Partners and Retiring Partner 2, DATE OF RETIREMENT The Retiring Partner hereby retires with effect from __ day of 20XX (hereinafter called the ‘said date’). 3. ACCOUNTS OF THE FIRM AND SHARE OF RETIRING PARTNER ‘The accounts of the frm have been made and signed by the Continuing Partners and the Retiring Partner, which are enclosed herewith. . 4. PAYMENT TO THE RETIRING PARTNER ‘The Continuing Partners hereby agree to pay Rs. tothe Retiring Partner on or before the day of, 20XX. 5. PROFIT SHARING RATIO ‘The new profit and loss sharing ratio between the partners shall be as follows: ‘Name of the partner’ Profit sharing ratio Mr. % Mr. eect %Basic Understanding of Legal Deeds and Documents 7 ‘OLUTION OF DISPUTES BY ARBITRATION a ‘any dispute arises between the parties, the partes shall refer the same to arbitration in accordance with the Provisions of the Arbitration and Reconciliation Act, 1996. IN WETNESS WHEREOF, the Continuing Parmers andthe Retiring Parner have signed this deed on the day, month and year frst above writen wines Name and Signature of the Continuing Partners “) 0 . 2) Name and Signature of the Retiring Partner ————————————— nna 7.10__ PARTNERSHIP DISSOLUTION DEED - SPECIMEN June 2009 A partner frm was constituted by A, and C partners, carrying on the Business of shoe manufacturing Later on, Nickson Shoe Manufacturing Co. Limited proposed to purchase the Business of the firm to the Bartners of the firm. Te partners unanimously consented t0 it and agreed to dissofe the fim Draft a Partnership Disiobution Dead ints PARTNEI ‘THIS DEED OF DISSOLUTION OF PARTNERSHIP made at. son this __day of 20XX between Mr. / Mrs. » son of 7 daughter of / wife of ,aged years, resident of (hereinafter called the “first partner”) and Mr. / Mrs. > son of / aged ___ years, resident of, (hereinafier called the “second partner"), daughter of wile of WHEREAS the first pariner and the second partner have agreed to discontinue the said business, NOW THIS DEED OF DISSOLUTION OF PARTNERSHIP WITNESSETH AS FOLLOWS: 1. DATE OF DISSOLUTION The firm is hereby dissolved with effect from (hereinafter called the “said date”) 2. ACCOUNTS OF THE FIRM ‘The accounts of the fr have been made and signed by the frst partner and the second partner, which are enclosed herewith. i 3. LIABILITIES OF PARTIES Each party shall continue to be liable for all the statutory liabilities like Income tax or in respect of the business carried on by the firm, any other tax or cess due 4, SIGNING OF DOCUMENTS Each party hereby agrees to sign all the documents as may be equired to sell the asses of the fim: 5, NOTICE OF DISSOLUTION 7 The notice of dissolution ofthe firm shal be given by the partes to all the concerned Authori Autl if 6. EXPENSES uthorities, Al the expenses of dissolution ofthe firm shall be borne by the parties equally.chap.7 7. RESOLUTION, OF DISPUTES BY ARBITRATION I any dispute wi — Whether the behaviour of an employee is ethical or unethical, depends a lot on his, personal factors values and moral standards. An individual's unethical behaviour may be the result of personal reasons like- (a) negative life experiences, (b) financial difficulties, (o) overly aggressive financial or career objectives. a Oe - ksChap. 12 _ Workplace Ethics n Influence of —* managers and co-workers Organisational + i sult in unethical behaviour, factors + Presence of help in creating an ethical workplace. fi ainst the violators also helps in ensuring ethical behaviour. ‘Organisational Factors jcalianethical | _ [Individual | , | Influence of managers rat workplace factors and co-workers — 12.4 EXAMPLES OF UNETHICAL BEHAVIOUR AT WORKPLACE June 2009 List out some examples of various ethical issues faced in a workplace, Nov. 2010 State some ecamples of ethical ss awindvidual atthe Vis-a-vis Suppliers + Bribery = Immoral entertainment + Discrimination between suppliers shonesty in making and keeping contracts Uniair pricing Cheating customers Misleading advertising Sale of fake, spurious, duplic + Abusive or intimidating behaviour to = Discrimination in hiring and working conditions Harassment in workplace May 2012 ade oral tia “discrimination” in employment eae ‘Explain he basic elements of “isriinaton” lent somctine found in an etait Meaning af Dacian fest wg aso te pple in on oe as te tan discriminationChap. 12 __ Workplace Eihies B Characteristics / No regard» Discrimination leads to a deci Elements tomerit «Example: Promoting an empl Bias / . prejudice wolves bias or prejudiee, i usually taken on some basis which is not related 10 the job (eg. culture, colour, race, nationality, gender, marital status ot religion). Negative = impact COMMON EMPLOYMENT DISCRIMINATION PRACTICES | e200 Expl he practices widely reve a discriminatory in employment. may decide 10 “recruit only sich 1. Recruitment * While recruiting new emplayees, practices Meusiaecreenetienycoormpes. + The process of recruitment would be discriminatory, if the new job positions sreadvertised — ‘Discrimination results where an employer treats its employees favourably or unfavourably with respect to — ++ wages and salaries, allowances and perquisites, and retirement benefits; or + working conditions. 3 Promotion. «Promotion is discriminatory ry ifthe SASSO POMONON Oe practices «some characteristic which fnat reed the oor + subjective recommendation of esa supers 2, Conditions of employment 4, Dismissal on ars nothing to do with his — results in discrimination. | + Layali noms prirte women and minorities iri HARASSMENT IN THE CONTEXT OF WORKPLACE ETHICS 12.7 + Harassment occurs when a person is made to fel Meaning of harassment «Harassment means behaviour which i aensiv, humiliating, intimidating or threatens f+ Itcan be of two kinds: Workplace harassment and Sexual harassment, Workplace | + Workplace harassment means any unwelcome verbal or physical conduct towards an employee which severe affects his work performance or results ina hostile work environment. harassment | “4 Some examples of workplace harassment ae: ‘Giving a person an impossible job or deadline & Meaningless tasks 4 Creating a situation of ‘under-work’ with afeling of uselessness ‘¢ Constant criticism ot insults especially inthe presence of others + Physical or verbal abuse jon (eg. Repeated threats of severe punishment orChap. 12 Workplace Ethics 4 Sexual ‘Simply speaking, when an employ harassment mands, iis termed as sexual harass ceiommmmming 5°" + An employer is held responsible for any instance of sexual harassment in the organization, Whether or not he was aware about it, ot whether or not it was forbidden by him. Effects of = ‘It results in psychological disturbance to the victim. harassment — «It creates aJiOiilé work environment. = It violates the employee's most basic right to freedom and digni 128 GUIDELINES FOR MANAGING ETHICS IN THE WORKPLACE ‘May 2007 ‘Explain in ref ie measures to ensure ets in he workplace. ‘May 2011 State in Grief te guidlines for managing eties and to prevent te need for whistle blowing in the workplace 1. Top «A statement on workplace ethies shouldbe incorporated in entity's Mission, Vision and Values Statement + Managers should themselves follow ethical standards. Their actions and conduct must unethical behaviour shall not be tolerated. it a re conduct “a Examples: To maintain confidentiality, not to take personal benefit of organisational resources, not to carry on any competing Reporting of | « A ‘suggestion/complaint box’ should be kept. unethical | + Employees should be encouraged to report any ethical violation noticed by them conduct without mentioning their names (ie. anonymously). This ensures that unethical conduct is reported by employees without any fear or hesitation, management initiative plinary «If an employee is caught or is accused of unethical conduct, he should be given an | opportunity to explain his position. If found guilty, disciplinary action should be taken against him as per the conduct of conduct and established procedures, 5. Fir tenment AS meen anaes sma to whistle | blowers + Maagenetshuld rot anlar whist over. 6, Recruitment po ha 4. Dis action +The management should hire employees who havea strong sens of integrity. practices + Recruitment criterion should include reference checks and background Patan checks will alert the interviewers to any past unethical behaviour. eae 7. Employee +. ‘Theempoyees shoud be trained to behave ethically. |= Thetraini ygram should2083 a os ‘Promotion poli Workplace Ethics ae state wheter te gen statements comet ornare with brief reasons: is baad om individual me and nt pure on the basis of ni i ieriinatory. The given statement is incorrect. ‘Treating a person favourably or unfavourably on any basis of ‘employment discrimination. “Thus, promoting an employee on the basis of individual merit (eg. ps ability) is not discriminatory. Seniority cannot be the deciding factor in pro based on. seniority are, no doubt, discriminatory. ther than individual merit is termed as ast work performance, skis, mating an employee, Therefore, promotion policies