Declaration Of Undertaking for India

Declaration Of Undertaking Template for India

A Declaration of Undertaking under Indian law is a formal written statement where an individual or entity makes specific commitments or promises to another party. This document, governed by Indian contract law and various statutory requirements, serves as a legally binding declaration of intent or promise to perform certain actions or maintain specific conditions. It must comply with the Indian Contract Act, 1872, and may require proper stamping under the Indian Stamp Act, 1899, depending on the jurisdiction and nature of the undertaking. The document provides a clear record of commitments and can be used as evidence in legal proceedings.

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What is a Declaration Of Undertaking?

The Declaration of Undertaking is a crucial legal instrument in Indian business and regulatory compliance. It serves as a formal written commitment where one party (the declarant) makes specific promises or assurances to another party or authority. This document type is commonly used in various contexts, including regulatory compliance, business transactions, employment matters, and institutional dealings. The declaration must conform to Indian legal requirements, particularly the Indian Contract Act, 1872, and may need to be stamped as per the Indian Stamp Act, 1899. It's especially valuable when formal commitments need to be documented but a full contract isn't necessary or when regulatory requirements mandate specific undertakings. The document typically includes the declarant's details, specific commitments, duration of the undertaking, and may require witness attestation depending on its nature and purpose.

What sections should be included in a Declaration Of Undertaking?

1. Declaration Header: Contains the title 'Declaration of Undertaking' and the date of execution

2. Declarant Details: Full name, address, and designation (if applicable) of the person/entity making the undertaking

3. Recipient Details: Details of the person/entity to whom the undertaking is being made (if applicable)

4. Recitals: Background information explaining the context and circumstances leading to the undertaking

5. Declarations: Clear, numbered statements of the specific commitments, promises, or obligations being undertaken

6. Duration: Period for which the undertaking remains valid and binding

7. Binding Effect: Statement confirming the legally binding nature of the undertaking

8. Execution Block: Space for signature, name, and date of execution by the declarant

What sections are optional to include in a Declaration Of Undertaking?

1. Definitions: Required when the undertaking uses technical terms or requires specific definitions for clarity

2. Consideration: Include when there is a specific consideration being provided in exchange for the undertaking

3. Governing Law: Include when there's a need to explicitly state the jurisdiction governing the undertaking

4. Witness Details: Include when witness attestation is required for additional authenticity

5. Indemnification: Include when the declarant needs to provide indemnity against specific risks or losses

6. Confidentiality: Include when the undertaking involves confidential information or trade secrets

7. Force Majeure: Include when circumstances beyond control need to be addressed for long-term undertakings

What schedules should be included in a Declaration Of Undertaking?

1. Schedule of Specific Commitments: Detailed list of specific obligations or commitments being undertaken

2. Schedule of Properties/Assets: If the undertaking relates to specific properties or assets, their detailed description

3. Schedule of Timeline: If the undertaking involves multiple commitments with different timelines

4. Schedule of Related Documents: List of documents referenced in or relevant to the undertaking

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

India

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Financial Services

Real Estate

Manufacturing

Education

Healthcare

Information Technology

Construction

Professional Services

Public Sector

Telecommunications

Retail

Energy

Transportation

Legal Services

Relevant Teams

Legal

Compliance

Human Resources

Corporate Secretarial

Risk Management

Finance

Operations

Corporate Affairs

Regulatory Affairs

Business Development

Procurement

Administration

Relevant Roles

Legal Counsel

Compliance Officer

Human Resources Manager

Company Secretary

Risk Manager

Chief Financial Officer

Project Manager

Business Development Manager

Operations Director

Procurement Manager

Corporate Affairs Manager

Regulatory Affairs Manager

Department Head

Managing Director

Chief Executive Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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