2. Step 4: The parties
• Identity of the Buyer
• Names in the Contract
• Notices
• Assignment of Rights and Delegation of
Duties.
3. 1. Identity of the Buyer
• Studying the exact form of the name of
the Buyer’s company.
• Confirming existence of Buyer’s
company.
• Making sure that the officer signing the
contract has authority to do it.
• Checking the authenticity of the
signature.
5. 1. Identity of the Buyer
Who can help the exporter?
• Commercial attaché
• Consulate
• Notary
• Chambers of commerce
• Other available resources, such as Dun
and Bradstreet,….
6. 1. Identity of the Buyer
• Note:
Parent companies are not responsible for
the debts of their subsidiaries
=> Be careful to not to sign contracts with
undercapitalized subsidiaries.
7. 2. Names in the Contract
• The full, registered name of the company
should appear at the head of the contract
+ a few words of description follow.
• Using “hereinafter called + short form” to
save space and prevents legal problems
caused by mistyping names.
8. 3. Notices
• What is a notice?
Any formal notification required by the
contract
• The Notice provision:
- Gives the official mailing addresses
- Usually stipulates how notices must be
delivered.
9. 4. Assignment of Rights and Delegation of
Duties
• Most applicable laws allow for right
transfer, however, strictly limit delegation
of duties.
• In international contract, try to exclude
both assignment of rights and delegation
of duties without written consent.
• Be extremely careful to read the text of
the assignment clause closely.