How to Prepare CS Professional Drafting

How to Prepare CS Professional Drafting

HOW TO PREPARE CS PROFESSIONAL DRAFTING, APPEARANCES AND PLEADING JUNE 2019 EXAM 

How to Prepare CS Professional Drafting : Subject Overview:

Drafting is considered the easiest in the 3rd group. It has just 10 chapters. In the 3rd group, this is the only subject that will help you pass the group because you can never be dependent on the elective subject. Scoring an exemption is achievable. This subject is not limited to only writing of various drafts but also includes provisions of various Acts and Rules. Some people may suggest that practicing of different drafts is the only thing to be done but that is not it. Theory is equally important. Theory constitutes of almost 50-60% of the marks and sometimes even 80%. So consider this subject as scoring and start preparing accordingly.

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How to Prepare CS Professional Drafting: Objective of Drafting paper

This paper has been included in the syllabus with a view to equip the students with legal drafting abilities, legal framework pertaining to the appearances before various tribunals and the basic understanding of the principles of pleadings. Drafting of deeds and documents for various purposes in a company usually forms part of multifacet duties of the Company Secretary. Hence, this subject will enlighten the knowledge of the students in the world of drafting, pleading and appearances.

How to Prepare CS Professional Drafting : What is expected from the student by ICSI?

This subject presupposes the knowledge of substantive law; therefore, students are advised to have thorough knowledge of the same by referring to various Acts mentioned in the study material. This paper also warrants continuous updation in terms of substantive and procedural laws as well as latest judicial pronouncements. Students are advised not only to master the principles and applications of drafting and pleadings, but also keep themselves abreast of latest developments. Students are expected to be well versed with each and every concept and the meaning behind it.

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How to Prepare CS Professional Drafting : Study Plan and Strategy

Since this is a totally new subject for you all, preparing for this subject should begin as soon as possible because you have to learn how to write various drafts and also a whole lot of theory. Remembering theory for 3-4 months is next to impossible hence start with practicing writing of drafts. There are approximate 90 types of drafts. Practice 2 drafts each day and you will be able to complete all the drafts within 2 months. Don’t waste time by practicing similar drafts. But all types of drafts have to be practiced. Some drafts are very important like Special Leave Petition, Power of Attorney, Appeal etc and they need to practiced more.

You can also prepare a notebook wherein you can write the formats and for each draft and the important points that have to be mentioned while preparing that particular draft. Now, coming to the theory part, theory of drafting is quite boring and time consuming but it constitutes major part of the paper and hence has to be prepared well. Once you are done with drafting practice, start with the theory. Just mugging up won’t help, try to understand the concept behind it. Start with the small chapters first. You may also make your own notes with only the important theory of each topic. But keep in mind, only drafting won’t help, theory is a must.

You can even try solving chapter-specific questions when you complete a chapter and then cross check your answer with the logical analysis of the sections.

Also, nothing is going to happen in a day. You have to stay consistent and keep revising. Revise the chapter you did yesterday before starting a new one and this way you will never forget a concept.

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How to Prepare CS Professional Drafting : Sections and Case laws:

This subject contains some sections from various Acts like Companies Act, Stamp Act etc. Since there are few sections in the entire syllabus, remembering them and mentioning them in the answer will fetch you bonus marks.

Also, there are some very important case laws. Students often ignore the case laws and here is where Institute plays its cards and asks case laws. Mentioning case laws will fetch you bonus marks too.

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How to Prepare CS Professional Drafting : Language and Presentation:

This is the most important aspect in this paper. Examiner gives alot of importance to how the students have used the drafting language and how he has presented the draft. Mentioning of certain legal and technical term is a must in writing drafts and if you forget that then don’t expect any marks. Begin your drafts from a new page even if there is space left on the previous page so that it appears to be well presented. Also, make up your mind first about what you have to write in a draft because cancelling and then re-writing is going to leave a bad impression on the examiner and he may not give you marks.

One should not skip questions in between. This causes confusion for the examiner. If you have started with Question1 then complete all of its sub questions and then move to another question.

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How to Prepare CS Professional Drafting :Chapter-specific guidance:

Lesson 1 – General Principles of Drafting and relevant Substantive Rules

The objective of the study lesson is to make the students understand the meaning and distinction between drafting and conveyancing, general principles of drafting of deeds, legal implications and requirements, engrossment and stamping of a deed etc.

Lesson 2 – Drafting and Conveyancing relating to various deeds and agreements

The objective of the lesson is to make the students understand and also learn the drafting of the various agreements like arbitration agreement, building contracts, commercial agency contracts, service agreements etc.

Lesson 3 – Drafting and Conveyancing relating to various deeds and agreements – I

This lesson will help the students to learn the meaning and drafting of promissory notes, various types of Power of Attorney, will, relinquishment deed, family settlement deeds and hire purchase deeds.

Lesson 4 – Drafting and Conveyancing relating to various deeds and agreements – II

This lesson will make the students understand the meaning and drafting of deed of sale of immovable property, mortgage and its types, license, lease etc.

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Lesson 5 – Drafting and Conveyancing relating to various deeds and agreements – III

A detailed discussion on assignment, partnership, trust and gift has been given in the study lesson to disseminate information about the essential requirements that need to be considered while drafting assignment deeds, partnership deeds, trust deeds and gift deeds.

Lesson 6 – Drafting and Conveyancing relating to various deeds and agreements – IV

The objective of the lesson is to impart knowledge to the students about the drafting of writs and legal opinion. It also makes the students understand the meaning of writs and its types, special leave petition, legal and opinion writing etc.

Lesson 7 – Drafting of agreements under the Companies Act

The objective of this lesson is to make the students appreciate the skills involved and the important requirements to be borne in mind in the drafting of MOA, AOA, company’s agreements in particular shareholders agreements, agreements for appointment of MD and manager etc.

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Lesson 8 – Pleadings

This study will disseminate information to the students about the legal provisions relating to drafting of pleadings. Besides, students will be familiarized with the drafting of various petitions/applications under the Civil Procedure Code, appeals, revision applications etc.

Lesson 9 – Appearances

The objective of this study lesson is to acquaint the students with the legal provisions pertaining to appearance before various tribunals as well as the drafting of written submissions, affidavit of evidence etc. Further the students will also learn the importance of dress code for professionals, etiquettes and court craft.

Lesson 10 – Compounding of Offences

The objective of this lesson is to acquaint the students with consent orders and also to provide an understanding about the compounding of offences under Companies Act, 2013; Foreign Exchange Management Act, 1999; SEBI Act, 1992.

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How to Prepare CS Professional Drafting : How to Plan for examination:

Since this subject requires thorough practice, planning must be done well in advance. As mentioned earlier, you may take up 2-3 drafts per day for practice. If you want you can take up theory first too. Planning may vary according to your needs but our ultimate goal should be to complete the syllabus within time along with proper understanding. Write down goals for each day and don’t do anything else unless your topic for the day is finished. Plan properly and you will surely see that you are able to give ample time for revision.

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How to Prepare CS Professional Drafting: Important Tips:

  • Before the final exam, one should at least solve one test paper so as to know how much prepared are you and whether you are able to finish within the time limit of 3 hours.
  • Revision is a must. Keep revising the subject at proper intervals.
  • Don’t let your doubts build up. Get your doubts cleared as soon as possible.
  • Writing practice is a must.
  • If you start studying earlier, then you may make your own notes too.
  • Practicing of drafts is a must.
  • And one more thing, never ever give up. It is going to take lots of pain to study so much, but when this pain becomes a gain in the future, the happiness of that gain is beyond this universe.

YOU CAN AND YOU WILL DO IT!

Check out our article for CS Professional Students : 

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