Chetan Vyas 21 December 2022

Stamp Paper is Mandatory while entering into a Agreement with Foreign Company

My Client is about to enter into an agreement with a Foreign company and take IP Rights for India. Is it required to make and execute the agreement on non-judicial Indian stamp paper for its validity.?

In an event of any dispute arising between the parties, what law will be followed.?

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This discussion clarifies whether an agreement with a foreign company for IP rights in India must be executed on non-judicial Indian stamp paper for validity. The consensus is that stamp duty is mandatory and the agreement should be executed on the appropriate stamp paper as per Indian law. The governing law in case of disputes will depend on factors like the agreement's terms, place of execution, and operation, for which legal counsel is recommended.

7 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 21 December 2022

Hello,

Stamp paper is stamp duty so you have to pay required amount of stamp duty as per law.

P. Venu (Advocate) 21 December 2022

Any suggestion is dependant upon the place of entering into the agrement as well the place of adjudication of future disputes, if any.

Shashi Dhara 21 December 2022

Stamp paper is mandatory and register it and also additional documents must be signed for jurisdiction purpose , contact advocate.

kavksatyanarayana (subregistrar/supdt.(retired)) 21 December 2022

Yes. I agree with the advice of Mr.Shashi Dhara sir.

Chetan Vyas 22 December 2022

Thanks to all for the advice..

Dr J C Vashista (Advocate) 22 December 2022

I concur with experts, you will have to execute agreement on a non-judicial stamp paper (as applicable in your state).

Laws governing the subject (in case of dispute arising out of the ageement) would be as per agreement, place of operation, execution and other factors applicable for which your lawyer would be competent person to opine and advise.