commencement-date-memorandum

name	commencement-date-memorandum
title	Commencement Date Memorandum
description	Drafts a U.S. commencement-date memorandum for commercial leases and related agreements, confirming the operative start date and its evidentiary basis. Use when users request a defensible record of "commencement date," "effective date," "lease start," conditions precedent satisfaction, or timing of rent, termination, or performance triggers — typically after execution, at closing, or during post-signature administration.
author	CaseMark
author_url	https://github.com/CaseMark/skills/tree/main/skills/legal/commencement-date-memorandum
license	Apache-2.0
version	0.1.0
execution_mode	open
jurisdiction	us
practice	real-estate
language	en

Commencement Date Memorandum

Produces a formal, execution-ready record confirming when an agreement becomes operational and why that date controls the parties' rights and duties.

Prerequisites

Gather before drafting — do not proceed with unresolved gaps:

1. Governing agreement (full title, execution date)
2. Amendments, riders, side letters, or addenda affecting commencement
3. Full legal party names as they appear in the documents, with representative capacities
4. Governing law (and entity jurisdiction if provided)
5. Condition precedent list with proof of satisfaction (or explicit statement of none)
6. Notice/consent/evidence records that trigger or confirm commencement

Core Inputs

Item	Capture	Purpose
Agreement identity	Full title, execution date, amendment dates	Links memo to source contract
Parties	Exact legal names and roles	Prevents ambiguity
Commencement trigger	Clause/section defining effective date	Establishes legal basis
Conditions precedent	Condition, satisfaction date, supporting doc	Confirms date is operative
Notice mechanics	Required notices and completion date	Verifies procedural prerequisites
Obligation map	Obligations keyed to commencement	Clarifies performance impact

Drafting Workflow

1. Extract clauses on commencement, effectiveness, notices, and conditions precedent.
2. Build date matrix:
   • Execution date
   • Each condition-precedent satisfaction date with evidence
   • Notice date(s)
   • Determined commencement date
3. Resolve discrepancies — explain any gap between execution date and commencement date; distinguish automatic triggers from party-election mechanisms.
4. Draft sections in order:
   • Header / recitals
   • Party and agreement identification
   • Condition and notice verification
   • Commencement determination
   • Effect and legal consequences
   • Signature block / counterpart language
5. Cite the governing section/article for every factual assertion.