| Commentary

38 Parties

| Commentary

38 Parties1

The following must be considered:

  1. 38.1

        Who is the agreement with?

  2. 38.2

        Have the following been stated (for each party):

    1. 38.2.1

          the correct (full legal) name;

    2. 38.2.2

          the legal status; and

    3. 38.2.3

          the registered office (or principal place of business)?

  3. 38.3

        Are the persons who are:

    1. 38.3.1

          placed under an obligation; or

    2. 38.3.2

          to receive a benefit2,

    under the agreement named as parties? If they are not, is there some wording to indicate their status (ie the agreement clearly indicates they are not a party or if they are liable or under an obligation in some other way (such

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