Post By: Suraj Singh
What is a legal document? What makes a document legal and acceptable for use is still a pretty common question in everybody’s minds. As we dive into the world of legal documents, we will try to address also questions related to the topic. Legal documents are the heartbeat of our entire legislative system so a clear understanding of these documents is an important requirement to form informed citizens.
In this blog, we will delve into the meaning of legal documents, their different types, their uses in our daily lives and other important functions. Let’s get started without any further delay!
What is a Legal Document?
If we break down the words “Legal Document” we find ourselves with the most common definition which means documentation relating to the law. Although it is technically correct, the meaning of legal documents is a bit more complicated than that involving more aspects.
A legal document by definition is a document that summarises an agreement reached between two or more parties, signed by all the involved parties. It is a written document that records and formalises a legally enforcing agreement, meaning if needed, a legal can be used in a court of law.
Difference Between an Ordinary and a Legal Document
There is a big difference between the two categories of documents and understanding the difference between the two is crucial.
Ordinary Documents | Legal Documents |
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An ordinary document such as a personal letter to family or friends or even a diary and journal entries share information and express emotions but they hold no legal value. Ordinary documents cannot be relied upon in any court procedure. | Legal documents on the other hand hold the power to be enforced by law. It creates, adjusts, and even nullifies agreements between two or more parties. Non-compliance with legal documents can also lead to legal troubles. |
Benefits of Legal Documents
Generally, legal documents play vital roles in transactions involving two or more parties. Listed below are some of the benefits of legal documents;
- Clarity – Legal documents help clarify the terms and conditions involved in a contract as it officially records all that has been agreed upon by the parties involved.
- Protection against Disputes – As these documents are legally binding, the parties involved protect themselves against any disputes and breaches of contracts. If something goes wrong, concerned parties can take the legal route.
- Keeps you Compliant – The legal nature of such documents motivates the involved parties to stay compliant and fulfil their end of the bargain.
- Protection of Intellectual Property – Legal documents such as contracts, patents, trademarks and copyrights help protect the intellectual properties of individuals.
Types of Legal Documents
We are surrounded by thousands of legal documents in our daily lives. Each of these documents serves a specific purpose. Let’s take a look at the different types of legal documents and understand their purpose.
- Contracts – A contract is a legal document that outlines a legally enforceable agreement between two or more parties. Contracts also outline each party’s obligations and the consequences of failing to fulfil them. There are various kinds of contracts, some of which are explained below;
- An Employment Contract – An agreement between the employers and employees stating the terms and conditions of the agreement. It clearly outlines what is expected of the employee professionally and relates to their conduct on the office premises.
- Sales Contracts – It is perhaps the most common form of agreement. Usually required for the sale of goods and services between two or more parties.
- Lease Agreements – It is a very common practice for renting out the premises. It protects the interests of all parties including the landlord and the tenant. A lease agreement specifies the conditions of the rental agreement along with other important details.
- Non-Disclosure Agreements – This is a special kind of contract/agreement between two or more parties aimed at guarding certain information from being leaked.
- Deeds – These are legal documents required for the transfer of the ownership of properties. It is signed by all the parties involved in the transaction. In simple words, it transfers the legal right of property ownership from one party to another.
- There are different types of deeds in India such as Property deeds, Deeds of Trust, Gift deeds, Mortgage deeds, etc. Each of these deeds serves a specific purpose under very specific conditions.
- Wills – It is a legal document that simply includes details about the distribution of one’s assets after their demise. Wills are an important part of estate planning, especially in ensuring that the wealth is distributed as per the deceased’s wishes.
- Trusts – It is somewhat similar in nature to the wills but slightly different as it is a document that enables the transfer of one’s assets into a trust during their lifetime, to be put up for distribution as per their wishes after their death.
- Legal Notices – These are the documents containing the intention of an individual or an organisation to take legal action and sue the receiver of the legal notice for whatever the charges may be. Anyone can send a legal notice to another person. There are different types of legal notices, some of which are as follows;
- Eviction Notice – Generally served by the landlord to the tenants to make their intention clear about having the tenants gone by a certain date.
- Notice of Intent to Sue – It is a common legal notice served in matters of dispute between two or more parties. It outlines circumstances that the sender feels he/she has had to endure to something the receiver of the notice did. They mention the damages, the sections of the laws under which they are going to sue and if there is a chance of resolving the matter without a legal battle.
- Agreements – This is a document that underlines the terms and conditions of providing and receiving a product or service. It is like a contract between two parties that is legally binding. Some of the popular kinds of agreements are;
- Partnership Agreement – It is mostly a professional agreement between two parties on matters of business operations.
- Service Level Agreement – This type of agreement is between a service provider and the receiver about the terms and conditions of the service being made available.
- Settlement Agreement – It is needed in case one finds themselves in some sort of dispute. Upon negotiation and discussions if the parties involved in the dispute agree then they will see a legal document known as a settlement agreement to seal the deal.
- Affidavits – It is a legal document that contains a statement made by a person voluntarily under oath. The affidavit is then signed by the concerned person swearing that the statements contained in the affidavit are true to the best of their knowledge.
- Licenses and Permits – Numerous activities require one to get appropriate licenses and permits from the concerned authorities to run a business, build something new, etc. It is a legal document that permits the receiver to carry out a task.
- Business License – Any new business cannot function without a proper license. It is an authority given to a business organisation to operate within a certain jurisdiction.
- Building Permit – Each building falls under the purview of government agencies and the owners/builders have to seek permission from the concerned authorities before they can build or remodel a building.
- Powers of Attorney – It is a legal document which allows someone else to act on your behalf under certain circumstances. For example, you could appoint an “attorney-in-fact” to help manage your finances or make other important decisions if you become indisposed for some reason.
- Intellectual Property Documents – IP documents allow individuals and organisations to own intangible assets. These documents also prevent others from using and copying the asset without consent from the real owners. There are four different types of intellectual property documents – Patents, Copyright, Trademarks and trade secrets.
- Financial Documents – As the name suggests, this category of legal documents includes documents with monetary value. Some of the important financial documents have been discussed below.
- Loan Agreements – This is an official document provided to the customers from the lending institutions outlining the terms and conditions of the loans issued.
- Promissory Notes – It is a legally binding document provided by a person promising to pay a certain sum of money by a certain date in future.
- Corporate Documents – These a legal business documents that an individual or an organisation needs to have in order to run a business. It contains various other documents such as;
- Articles of Incorporation – These are a set of documents that a business has to file with the concerned government authority to officially start a corporation. It contains all the necessary details about the business.
- Bylaws – These are internal documents containing all the rules and regulation that one has to abide by while working at the concerned organisation. It is a set of instructions that must be followed as is.
There ae many other corporate documents that are needed to run an international business successfully. These documents include letter of credit, certificate of origin, packing list, Bill of exchange, etc.
Attestation of Legal Documents
Attestation of documents is typically needed to prove their authenticity and legitimacy for use in various scenarios. Attestation is also needed in some cases for legal compliance, proof of identity and preventing fraud.
Legal documents require attestation for various purposes, some of the important reasons are discussed below.
- Attestation of legal documents is most importantly needed to verify their authenticity especially if they are to be submitted to foreign authorities for international business and trade.
- It is also needed in some cases to make the documents legally binding.
- Sensitive legal documents such as intellectual property document needs to be attested to ensure their validity, especially when dealing with international registrations or disputes.
- Many corporate and financial documents also need to be attested by the concerned authorities to help start an international business and trade.
- Attested corporate documents may also be required to apply for a business visa.
- Legal documents such as an employment agreement need to be attested by the concerned authorities and submitted to obtain an employment visa.
There are multiple use cases for different legal documents and all of them need to be attested and apostilled by the concerned authorities if they are to be used in a foreign country. In some cases, attestation of legal documents also helps streamline the specific bureaucratic process.
Frequently Asked Questions
- How do legal documents differ from ordinary documents?
Legal documents are special in the sense that they have the power to be enforced by law. Whereas, ordinary documents have no legal standing and cannot be used for any legal purpose.
- Why do legal documents need to be attested?
The attestation of documents helps prove their legitimacy and authenticity. It also makes the legal documents suitable for use overseas for education, employment or business purposes.
- Legal document require embassy attestation
Embassy attestation like Qatar, kuwait, saudi and UAE Embassy Attesttaion, is often required for legal documents that need to be used in a foreign country. This process verifies that a document is genuine and has been authenticated by the issuing country’s government before being recognized by the foreign country’s embassy.
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