anand das (service) 31 July 2010

group of companies query---urgent

There are about 8-9 companies of which few are private limited and remaining are limited companies. Various bussiness are being run through these companies by one family. However each company has different board of directors, either from the same family or their relatives. Each company is separate and independant legal entity except one which is a subsidiary of original first company.

In day to day practice all these companies are being referred as group companies for example "Amba Group of industries" and use same logo.

In usual practice all companies use services of various consultants.

MY Query:- How to get only one agreement executed with the consultant who provides same services for each company having separate legal entity as the "Amba Group of Industries" is not the legal entity"

thanks and regards

Reply Follow

5 Replies

Nu.Delhi.Law.Fora. (Advocate-on-Record Supreme Court of India) 31 July 2010

Dear Sir,

You may enter into a composite/common agreement with the consultant for providing particular kind of services by employing different covenant for different company and some/certain common covenant common to all companies.

Trust this would suffice.

Rabin Majumder

Advocate & Attorney

For NuDelhiLawFora

email: nudelhilawfora@gmail.com

New Delhi

1 Like

CS Pooja (Company Secretary) 02 August 2010

I agree with Mr. Rabin. Even if the companies are not group- companies, you can still have such kind of agreement.

1 Like

anand das (service) 05 August 2010

Thank you Rabin & Pooja.

What is common/composite agreement? can i get a format for this?

anand das (service) 06 August 2010

If each company gives general POA to one of these comopanies for entering into an agreement with the common consultant and then that company executes a common agreement, will this do?

S. Bharath (Advocate and Arbitrator Formerly Civil Judge) 06 August 2010

The retainer/consultancy contract will need a clause, which may read like this: "The Consultant accepts and agrees that his services may be used by any of the group companies of the Client and there shall be no additional charges for the same".

1 Like