Blanket Suspension of IBC- Will Hurt Genuinely Affected Lenders

Since the outbreak of the COVID-19 pandemic in India, there has been call-out in relation to whether the government of India would alter the operation of the Insolvency and Bankruptcy Code, 2016 (“IBC”). On March 24, 2020, the Union Finance Minister announced that the central government is considering the suspension of Sections 7, 9 and […]

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Strategic Negotiation of a Franchise Agreement

A. INTRODUCTION: A franchise is a form of business in which a company which has developed a product or service (the franchisor) enters into a contractual relationship with other entities (franchisees) which usually operates under the franchisor’s trade name and guidance in exchange for a consideration. The concerned parties enter into a franchise agreement which […]

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Term Sheet- Capital Raise

A. INTRODUCTION: A term sheet is an intention to complete a transaction. It is a non-binding document that lays down the basic terms and conditions of the proposed investment. It is usually entered into between parties before they enter into a definitive agreement which would govern the terms of their investment. The parties should ensure […]

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An Overview on Indemnity Clause in Contracts

A. INTRODUCTION: The term indemnity comes from the Latin term “indemnis” which means uninjured or suffering no damage or loss. The same can also be defined as a security or protection against a financial burden. An indemnity clause is one of the important clauses that is usually incorporated in all kinds of contracts. The reason […]

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Covid 19 – Contraction of Valuation– Go Debt Way / Regulatory Overview for Debt Raise in India

A. INTRODUCTION: COVID 19 has left all business to lose value artificially. Funding will be harder to get and down-rounds will be the new normal. Besides, valuations will be reset due to the increased macroeconomic risk. Promoters may lose control of the Company if the strategy of fundraising is not aligned with the market scenario. […]

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Ingredients to Keep your Company Funding Ready

India has been one of the most attractive and evolving investment destinations for private equity/venture capital funding for quite a long time and the growth of start-ups in India has been multifold in the last 10 years.  A lot of startups in India have entered in the industry either by charting into a completely new […]

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Need for Fast Track Implementation of Data Protection Law in India

On date, India does not have a privacy law, but a personal data protection bill is pending before the Lok Sabha. It is India’s first attempt at regulating how personal digital data of citizens can be used by the government or any third party. Of late, the Government of India has pointed its gun on […]

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India, with an eye on China, Amends its FDI Rule to Shield Indian Companies under Pandemic

The government of India has amended its FDI Policy today to curb opportunistic takeovers of Indian Companies due to Covid-19 pandemic by the neighbour countries. As per the new amendment, FDI investments into Indian companies from neighbouring countries will now require a nod from the government. This will be applicable to all countries that share […]

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Covid-19 and Payment of Wages

During this situation of outbreak of Covid-19, we have been approached with many clients raising queries in relation to payment of salaries/wages to their employees, where there are low or rather no revenue generation in the company as there are no operations in the company due to the lock-down announced by the Government of India. […]

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Share Purchase Agreement- Selling Shareholders Safeguards

A. INTRODUCTION: A Share Purchase Agreement (“SPA”) is a business contract which sets out the terms and conditions with respect to the purchase and sale of shares of a company. This agreement is entered into between the seller, the company and the purchaser of the shares of the company. An SPA is considered to be […]

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