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Drafting, Appearances & Pleadings in CS Professional: The Open Book Advantage

By Sharvesh Kumar · 12 Mar 2025 · 341 views
CS & CA Exam Specialists · Reviewed for accuracy by practising professionals

What Is the Open Book Format in CS Professional?

Drafting, Appearances & Pleadings (DAP) in CS Professional is conducted as an open book examination. You are allowed to bring the Bare Act into the exam hall. This changes the preparation strategy completely — memorization matters less; application and drafting skill matter more.

What the Paper Covers

  • Drafting of legal documents: MOA, AOA, board resolutions, agreements, plaints, written statements
  • Petitions, applications, and affidavits before NCLT, consumer forums, appellate tribunals
  • Appearances before various regulatory bodies — SEBI, RD, ROC
  • Pleadings under the Code of Civil Procedure

How to Prepare for an Open Book Exam

  • Know where to find, not what to memorize: Index your Bare Act with sticky flags for key sections. NCLT Sections 230–245, CPC Order 6–8, Companies Act Sections 13–15 for MOA/AOA changes.
  • Practice drafting, not reading: The exam tests whether you can actually draft a board resolution or a petition — not whether you know the theory. Practice drafting 2–3 documents per week from memory, then compare with the standard format.
  • Learn the structure of each document: Every document has a standard anatomy — heading, recitals, operative clauses, testimonium, attestation. Know this structure cold.

Most Frequently Drafted Documents in Exams

  • Special resolution for alteration of MOA/AOA
  • Board resolution for opening a bank account, appointing directors
  • Plaint under CPC for recovery of money
  • NCLT petition for oppression and mismanagement under Section 241
  • Legal notice for breach of contract

💡 Stuck on how to start drafting practice? Use e-mentor's Study Planner to schedule dedicated drafting sessions alongside your theory chapters. A 30-minute daily drafting practice block — tracked and maintained as a streak — will give you more confidence on exam day than any last-minute cramming.

Time Management in the Open Book Exam

Open book does not mean unlimited time. Students who waste time flipping through the Act in the exam hall underperform. Preparation means knowing your Act well enough that you only need to verify, not discover, provisions during the exam. Prepare like it is closed book — use the Act only for confirmation.

Drafting — The Open Book Advantage

CS Professional Drafting, Appearances & Pleadings is an open book exam. Students bring their study material. This changes everything about how you should prepare — memorising content matters less, but knowing where to find things instantly, and being able to draft fluently, matters much more.

What Open Book Actually Means

  • You can bring the ICSI study material and bare acts
  • You CANNOT bring coaching notes or handwritten notes
  • Open book does NOT mean easy — you still need to write well-structured answers
  • Time is the real constraint: 3 hours for 100 marks means you can't be searching for basics

Documents Covered in This Paper

  • Board Resolutions — ordinary, special
  • Shareholders' Agreements
  • Joint Venture Agreements
  • Employment Contracts
  • Non-Disclosure Agreements
  • Memorandum of Understanding
  • Notices for Meetings (AGM, EGM)
  • Legal notices (demand notice, notice to rectify)
  • Petitions to NCLT, NCLAT
  • Affidavits and sworn statements

How to Draft Correctly for Maximum Marks

Every legal document has a standard format. Practise these formats so they become instinctive:

  • Opening clause: Parties, date, recitals
  • Operative clauses: Definitions, obligations, rights, representations, warranties
  • Closing clause: Termination, dispute resolution, governing law, signatures

For NCLT petitions: Relief sought → Facts → Grounds → Prayer. Always in this order.

Appearances — NCLT and NCLAT

Company Secretaries are allowed to appear before NCLT and NCLAT in certain matters. The paper tests whether you understand: standing to appear, format of submissions, how to refer to previous orders, and how to make submissions on law vs fact.

Preparation Strategy for Open Book

  • Practice drafting 10 different document types — write them out, don't just read
  • Tab your ICSI study material with document types for quick reference
  • Solve at least 5 years' past papers fully — the examiner's preferred formats become clear
  • Time yourself: 20 marks should be answered in 35–40 minutes including any drafting

📎 Official Resources

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