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2.
Use “shall” if the verb it qualifies is in the active voice. Example: The
aggrieved party shall file (active verb in active voice) the application.”
3.
Use “may”
to confer a power, privilege, or right.
Examples
“the applicant may demand (power) an extension of time.”
“The applicant may appeal (right the decision.)”
4.
Use “shall not” to express a prohibition. Don‟t use „‟may not‟‟ This phrase
has proved confusing for most non lawyers, if not for lawyers in Ethiopia. It
is often believed to be stronger than „„shall not‟‟.
Avoid it any way during
drafting.
Compare the use of this term in the following provisions
Arts.348 (4) and 350(3) and of the Commercial Code
“The general manager is an employee of the company and
may not be a
director.”
“Directors
may not be appointed for more than three years”
Use “which” to introduce a non restrictive clause.
Example: “An applicant
shall sign the application, which need not be
verified.”
Use “that” to introduce a restrictive clause modifying the nearest antecedent.
Example: “An applicant may apply to renew
a license that has been
revoked.”
Avoid “the provisions of‟‟
Instead of the words
“
in accordance with the provisions of this section,” say
“
under this section.”
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