Promoters/ Founders Negotiating Strategy/Touchpoints for Seed or Series A Funding

I have attempted to list out below, the key rights and obligations which are contained in a standard term sheet/ investment doc, involving primary fundraise by a company. A company which is in its early stage and raising funds from venture capital players will mostly witness tight obligations and limited rights, with the promoters/founders being […]

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Leverage & Management Buyout

A. INTRODUCTION: A Leverage Buyout (“LBOs’), simplistically stated, implies the acquisition of controlling interest in a company, where the purchase price (or a majority of it) is financed through leverage, i.e. borrowing. The borrowing is often done using the target company’s assets as collateral. LBOs were a rage in the 1980s when promoters indulged in […]

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Legal Landscape for NRI’s in India

A. INTRODUCTION: India is the seventh-largest country by area and the second-most populous country in the world. It has a large and growing middle-class population with an increasing rate of domestic consumption that makes it an important market. Additionally, it has strong fundamentals like a stable Westminster-style parliamentary democracy, cost-competitiveness and abundant supply of well-qualified […]

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Core Investment Companies – A Big Confusion

The Company will be treated as a Non-Banking Financial Company (“NBFC”) if its financial assets are more than 50 per cent of its total assets (netted off by intangible assets) and income from financial assets is more than 50 per cent of the gross income. Further, both these tests are required to be satisfied as […]

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Labour Laws and Its Applicability in India

Labour law, which is also in general parlance referred to as human resource law, is an assortment and body of laws which addresses the legitimate privileges of, and limitations on … A. INTRODUCTION Labour law, which is also in general parlance referred to as human resource law, is an assortment and body of laws which […]

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Implementation of Employee Stock Option Scheme by a Private Company and Tax Implications

A. APPLICABLE SECTION OF COMPANIES ACT:  The procedure as laid down in Section 62 (1) (b) of the Companies Act, 2013 read with Rule 12 of the Companies (Share Capital and Debenture) Rules, 2014 is to be followed.  B. APPROVAL REQUIRED UNDER COMPANIES ACT, 2013 BY PRIVATE COMPANY: Ordinary Resolution in terms of Notification dated […]

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Fast Track Merger- Procedure and Practical Aspects

A. INTRODUCTION: Mergers and amalgamation is a corporate restructuring mechanism that plays a vital role in the expansion and diversification of the companies and their businesses. A merger in layman terms means a combination of companies. The term merger has not been defined under the Companies Act, 2013 (“CA, 2013”) but in commercial terms, a […]

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Effect of COVID-19 on Contracts-Force Majeure

In the everyday context, the term ‘impossible’ refers to the lack of possibility in an event or to perform a task. In the Indian Contract Act, 1872, this impossibility … A. INTRODUCTION: In the everyday context, the term ‘impossible’ refers to the lack of possibility in an event or to perform a task. In the […]

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Corporate Insolvency Resolution Process

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Registration of Non-Banking Financial Company with Reserve Bank of India

A. NON-BANKING FINANCIAL COMPANY: Non-Banking Financial Company (NBFC) is a company registered under the Companies Act, 2013 or any other previous law and is engaged in the business of loans and advances, acquisition of shares/stocks/bonds/debentures/securities issued by Government or local authority or other marketable securities of a like nature, leasing, hire-purchase, insurance business, and chit […]

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