There are times when certain business opportunities arise unexpectedly and it may not be practical for individuals to incorporate a new company or acquire a company before a contract needs to be signed. In such circumstances, individuals may sign a contract on behalf of a company that is yet to be incorporated (a pre-incorporation contract).

This note sets out matters for companies and individuals to consider when entering into pre-incorporation contracts.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.