10 July 2024
Creating a Member Declaration Agreement for a paid assistant in a CA firm involves outlining the terms and conditions of their engagement. Below is a basic format that you can use as a template. Please ensure to customize it as per your specific requirements and seek legal advice if needed.
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**Member Declaration Agreement**
This Member Declaration Agreement ("Agreement") is entered into on [Date], between:
**[Your CA Firm Name]**, a partnership firm registered under the laws of [State/Country], having its principal place of business at [Address], hereinafter referred to as the "Firm", which expression shall, unless repugnant to the context or meaning thereof, be deemed to mean and include its successors, administrators, and permitted assigns;
and
**[Assistant's Name]**, residing at [Address], hereinafter referred to as the "Assistant".
**Background:**
The Firm is engaged in the business of providing chartered accountancy services and desires to engage the Assistant to assist in various operational and administrative tasks on a paid basis.
**Agreement:**
1. **Engagement and Duties:** - The Assistant shall be engaged by the Firm as a paid assistant to perform tasks as assigned by the Partners of the Firm. These tasks may include but are not limited to clerical, administrative, and operational support. - The Assistant agrees to perform the assigned duties diligently and to the best of their abilities.
2. **Remuneration:** - The Firm agrees to pay the Assistant a monthly remuneration of [Amount] (the "Remuneration"), which shall be subject to deduction of applicable taxes and as per the Firm's payroll policies. - The Assistant acknowledges that the Remuneration is subject to applicable statutory deductions as per the prevailing laws.
3. **Term and Termination:** - This Agreement shall commence on [Commencement Date] and shall continue until terminated by either party giving [Notice Period] notice in writing to the other party. - The Firm reserves the right to terminate this Agreement with immediate effect if the Assistant breaches any provisions of this Agreement or fails to perform their duties satisfactorily.
4. **Confidentiality:** - The Assistant shall maintain strict confidentiality regarding the Firm's affairs, clients, and any sensitive information accessed or disclosed during the course of their engagement. - The obligations of confidentiality shall survive the termination of this Agreement.
5. **General Provisions:** - This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements, negotiations, and understandings, whether written or oral. - Any amendments to this Agreement must be made in writing and signed by both parties.
6. **Governing Law and Dispute Resolution:** - This Agreement shall be governed by and construed in accordance with the laws of [State/Country]. - Any dispute arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of [Arbitration Institution], and the seat of arbitration shall be [City/State].
IN WITNESS WHEREOF, the parties hereto have executed this Member Declaration Agreement as of the day and year first above written.
**[Your CA Firm Name]**
By: Name: Title:
**[Assistant's Name]**
Signature: Date:
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**Notes:** - Customize the placeholders [in brackets] with specific details relevant to your firm and the assistant. - Ensure to include any additional clauses or provisions that are pertinent to your firm's policies and requirements. - Both parties should read and understand the terms before signing the agreement. - Consider seeking legal advice to ensure compliance with local laws and regulations.
This format should provide a framework for drafting a Member Declaration Agreement tailored to your needs in a CA firm.
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