What is the meaning of Hereinabove?
How do you legally define it?
What are the essential elements you should know!
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Let me explain to you what hereinabove means and how you use this term!
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What Does Hereinabove Mean
Hereinabove is a term used to refer to another part of a document, text, or writing.
For instance, if I’m writing an article where I discuss topic A, I can use the term “hereinabove” to refer to topic A later in the article.
The word hereinabove is used in more formal writings and quite often in legal documents, letters, contracts, and official documents.
According to the Merriam-Webster dictionary, the hereinabove meaning is outlined as follows:
At a prior point in this writing or document
As you can see, in common English, the term hereinabove refers to something “at a prior point” in a writing.
The Collins dictionary offers the following hereinabove definition:
In the preceding part (of this document, speech, etc.)
Hereinabove Legal Definition
What is the legal definition of the term hereinbefore?
The term hereinabove is commonly used by lawyers and legal professionals when drafting contracts, writing legal letters, official documents, guides, resolutions, or any other type of formal document.
The legal definition of hereinabove is in substance similar to how it is defined in common English.
Here is the legal definition of hereinabove:
Hereinabove in law is a term used to refer to a previously mentioned agreement, concept, topic, paragraph, or provision within the same document or legal writing.
The term can be divided into “herein” and “above”.
Herein means something “within” the document and “above” means something that precedes what is being referred to now.
Let’s look at a few examples of how the term hereinabove can be used in a legal document or writing.
Example 1: Reference To A Prior Concept
The existing shareholders irrevocably agree that after the signing of the Agreement, they will respectively sign the power of attorney, and respectively authorize one director of Company A designated by Company A to exercise their rights which they enjoy according to the law and articles of association made by Company B as shareholders of Company B.
The hereinabove rights are described as follows (…)
Example 2: Reference To A Prior Paragraph
Notwithstanding anything contained in Paragraph A hereinabove to the contrary, the cost of the executive’s coverage under the benefit plans providing health, medical, dental, vision, life (including accidental death and dismemberment) and disability insurance, shall be paid by the Company.
Example 3: Reference To A Prior Agreement
The hereinabove mentioned agreements deal with, among other topics, a corporate reorganization of Company A
Hereinafter Other Meaning
Another meaning of hereinabove is to refer to the earth and the heaven.
In essence, the earth is “here” and heaven is “above”.
The most common use of the term hereinabove is to refer to a prior point in a document or writing.
So there you have it folks!
What does hereinabove mean in law?
The term hereinabove is used in law to refer to a concept, provision, section, or a previous part of a legal writing, contract, or document.
The term is composed of “herein” and “above” where herein refers to something within this document and above suggests that it’s preceding the current point.
I hope I was able to explain to you what hereinabove means and how it’s used in legal writing.
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Amended and restated
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Executed this day of
In witness hereof
In witness whereof
Notwithstanding anything to the contrary
Signed this day of