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Difference between preliminary contract and provisional …

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Difference between preliminary contract and provisional contract
  • 1 answers

Sia ? 3 years, 5 months ago

Basis

Preliminary Contract

Provisional Contract

1.

Meaning

Preliminary contracts are the contracts, which are made before the formation of the company

The contracts which are entered by a company after incorporation but before it is entitled to commence business are provisional Contracts

2.

Enforcement of contract

Neither the company can sue nor can it be sued to enforce the preliminary contracts.

Can be enforced only on receiving certificate of Commencement of Business.

3

Contracts related to

Preliminary contracts may relate to property which the promoters desire to purchase for the company or they may be made with the persons whose know-how is vital to the success of company.

It is not so with the provisional contracts

4

Applicable for

Both private and public company

Only public company

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