For businesses
Contract drafting and compliance: reliable contracts, transparent processes
Good contracts are not made when a dispute arises but long before: through clear wording, coordinated terms and conditions and internal rules that are actually followed day to day. We help businesses set up contracts and processes that are understandable, consistent and verifiable.
Overview
What links contract drafting and compliance
Contract drafting means translating a commercial agreement precisely into legal provisions: performance and consideration, liability, warranties, term, termination and governing law. With partners in other countries, questions of jurisdiction, language and enforceability are added. A contract is only as good as its implementation – who may sign it, where it is filed and who keeps track of deadlines and obligations.
This is where compliance comes in: internal rules and processes that ensure the business knows and meets its obligations. They include signing authorities, payment approval processes, templates for recurring contracts and documented responsibilities. Such structures also help to recognise fraud schemes such as forged payment instructions. The general information on this page does not replace a review of your specific contract or organisation; that only takes place within an engagement.
Typical concerns of businesses:
- Do our terms and conditions still fit our business model?
- How should we draft contracts with partners abroad?
- Who in the company may conclude contracts and approve payments?
- How can recurring contracts be standardised?
- How do we document internal rules transparently?
Hypothetical examples
Examples from practice
The following situations are hypothetical examples. They do not describe actual engagements, companies or outcomes and do not replace a review of the individual case.
Example: terms that grew over time
A service provider uses terms and conditions that have been supplemented over the years and now partly contradict each other. The aim is a consistent, understandable set of rules that fits today’s offering.
Example: the framework agreement with a British partner
A company is negotiating a framework agreement with a partner in the United Kingdom. Governing law, jurisdiction, contract language and coordination with local advisers all need to be settled.
Example: approving payments
After a suspicious email with changed bank details, a management team wants to review its approval processes. The focus is on clear responsibilities, call-backs via known contact channels and transparent documentation.
Documents
Documents that make a review possible
Depending on your concern, the following documents are particularly helpful:
- The contracts or draft contracts concerned
- Current general terms and conditions and earlier versions
- A short description of the business model and contracting parties
- Internal policies, signing and approval rules
- Templates already in use in the company
- Relevant correspondence from contract negotiations
- A list of open questions and specific triggers
A short description is enough for a first enquiry. Please send confidential contracts and internal policies only after agreeing a secure channel with us.
Process
How we approach contract and compliance questions
Whether a single contract or an internal set of rules, our work together usually follows these steps:
- Step 01
Clarifying the occasion
You describe the contract, project or process and what you want to achieve.
- Step 02
Reviewing what exists
We look through existing contracts, terms and rules and identify gaps, inconsistencies and priorities.
- Step 03
Drafting and agreeing
We prepare wording or process proposals and agree them with you and, where relevant, with the other side.
- Step 04
Embedding in daily work
We discuss with you how templates and rules can be introduced, maintained and regularly reviewed within the company.
Frequently asked questions
Frequently asked questions on contract drafting and compliance
Is a template from the internet enough for our contracts?
Templates can be a good starting point but rarely reflect the particulars of a specific transaction. Whether a template fits can only be judged in light of your business model and the contractual relationship in question.
Do terms and conditions need regular updating?
A review makes sense when your offering, target group or sales channels change, or when the legal framework evolves. Whether an update is needed in the individual case is something we clarify as part of a review.
How does compliance help against fraud attempts?
Clear approval processes, the four-eyes principle and call-backs via known contact channels make fraud schemes such as forged payment instructions harder. There is no complete protection, but transparent processes make irregularities visible sooner.
Is this page legal advice?
No. The content provides a general overview. A legal assessment of your contract or organisation requires a review of the specific documents and only takes place after an engagement has been agreed.
Next step
Organising contracts and processes together
Briefly describe the contract or process concerned. You will receive a response on which documents we need and how a review could proceed.
- A short description is enough for a first enquiry.
- Confidential documents only after agreeing a secure channel.
- An enquiry does not yet establish a client relationship.