Distinguish between 'preliminary contracts' and 'provisional contracts'.
S.N.Preliminary ContractsProvisional Contracts1.Contracts signed byContracts signed afterpromoters with thirdincorporation but beforeparties before thecommencement of business.company.2.These are not legallyThese become enforceablebinding on the companyonly after the companyand cannot be ratifiedgets the Certificate ofafter incorporation.Commencement ofBusiness.3.These contracts are theThese contracts are theliabilities of promoters.responsibilites of the company.4.Both private and publicThey can only becompany have right toundertaken by publicundertake thesecompany.contracts.