2476

Form No. 4

Agreement to Adopt the

Preliminary Agreement
This agreement is made at ..... (city) on the ....... day of ...... 20......
between
A B & Co. Private Limited, a company registered under the Companies
Act, 1956 and having its registered office at ....... hereinafter referred to
as the Company (which expression unless be repugnant to the context
or meaning thereof be deemed to include its executors, administrators
and assigns) of the ONE PAR T.
and
Mr. A, residing at ....... Mr. B, residing at ....... and Mr. C residing at
........ collectively hereinafter referred to as the Promoters (which expression
unless be repugnant to the context or meaning thereof be deemed to include
their heirs, executors, administrators and assigns) of the SECOND PAR T.
WHEREAS 1. By an agreement dated the ... day of ... entered into between the
Promoters on the one hand and Mr. X of the Other Part it was agreed
that the Promoters will form and register a private company limited by
the shares, with the object of taking over the business in electronic goods
carried on by Mr. X on the terms and conditions therein mentioned.
2. Accordingly, the company being the party of the first part hereto
has been formed and registered under the Companies Act, 1956 on the
...... day of ........ 20...
3. It was one of the terms of the said agreement that on the registration of the company, the company will adopt the said agreement.
4. By a resolution of the board of directors of the company dated .......
the board has resolved to adopt the said agreement and to enter into this
agreement for that purpose.
NOW IT IS AGREED BY AND BETWEEN THE PAR TIES HERETO AS
FOLLOWS :
1. The company hereby adopts the said agreement dated ... hereinbefore
recited and agrees to be bound by the same and the terms and conditions
therein mentioned relating to the purchase and taking over of the business of the said M/s Xs concern, as if the company was a party thereto
and had agreed to purchase or take over the said business from Mr. X
on the terms in the said agreement mentioned in place of the promoters.
2. And the company agrees and undertakes to comply with and to
implement all the terms and conditions mentioned in the said agreement.
IN WITNESS WHEREOF the parties have put their hands the day and
year first hereinabove written.
Signed for and on behalf of the

A B & Co. Private Ltd., by Mr. .....

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AGREEMENT TO ADOPT THE PRELIMINARY AGREEMENT

a director duly authorised to do so by the

resolution of the Board of

Directors dated ... in the

presence of ... ...
...

Signed by the

promoters A B & Co. in the

presence of ... ...
...

2477

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Stamp duty : This document will require stamp duty under Art 5(c) of the Indian
Stamp Act or corresponding Articles of State Acts.
Registration : It is not required to be registered under the Registration Act, 1908.
Stamp Duty, eStamping & Registration : See the Indian Stamp Act, 1899 (2 of
1899), Rates of Stamp Duty in various States, eStamping and Compulsorily & Optionally Registrable Documents under the Registration Act, 1908 (16 of 1908) in later Part
VIII [Chapters 1 to 8] on Stamp Duty, eStamping & Registration of Deeds & Documents.