Self-executing: Overview, definition, and example
What does self-executing mean?
Self-executing refers to a legal term used to describe a provision or agreement that automatically takes effect and is enforceable without the need for further action or additional procedures. In other words, once the conditions of a self-executing clause or contract are met, it requires no further effort to implement or enforce its terms. This can apply to legal agreements, contracts, or laws that automatically operate when certain conditions are met.
In simpler terms, a self-executing agreement is one that automatically happens or takes effect when the required conditions are fulfilled, without needing anyone to do anything extra.
Why is "self-executing" important?
The concept of self-executing provisions is important because it simplifies enforcement and compliance. When a provision is self-executing, there’s no need for additional steps, such as court orders or actions by a third party, to make it enforceable. This provides certainty and clarity in contracts or legal matters, as the parties involved know that once the conditions are met, the agreement will automatically be carried out.
For SMB owners, understanding self-executing provisions helps in drafting clear contracts and agreements, making it easier to manage expectations and reduce potential legal disputes.
Understanding self-executing through an example
Imagine you are entering into a business agreement with another company, and you agree that if a certain event happens (like a product delivery), a payment will automatically be made. In this case, the clause regarding the payment is self-executing because once the delivery occurs, the payment will automatically be triggered without any additional action from either party.
In this example, the self-executing provision ensures that the payment is made promptly without needing any extra effort or intervention.
Example of a self-executing clause
Here’s an example of what a self-executing clause might look like in a contract:
“Upon completion of the project, the Company shall automatically issue the final payment of $X to the Contractor, without the need for further action or notification, as long as the project meets the agreed-upon specifications.”
Conclusion
Self-executing provisions are a valuable tool for ensuring that legal agreements and contracts are carried out automatically once certain conditions are met. For SMB owners, understanding and using self-executing clauses in contracts can streamline business operations, reduce the need for additional administrative work, and ensure smoother compliance with the terms of an agreement. By making sure that certain actions are automatically triggered, businesses can save time and avoid disputes related to enforcement.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.