The process of investment involves many stages of documentation. It starts with a non-binding termsheet. Then there are the definitive documents that record the binding terms and conditions of the investment like manner of investment, amount of investment, investors’ rights, exit mechanism etc. For completion of the transaction, you need board resolutions, shareholders resolutions, consent letters etc. Once the transaction is complete, there are filings required to be made with the ROC. This product will help you with the entire process and consist of the following.
1.Termsheet- Drafting the termsheet. Termsheet is a document recording the preliminary understanding of the parties. It is mostly non-binding.
2. Share Subscription Agreement or Share Purchase Agreement, as applicable- The next step is drafting the Share Subscription Agreement when it is a primary investment and drafting a Share Purchase Agreement when it is a secondary investment (by transfer of shares).
3. Shareholder’s Agreement– The new investor might want to have an agreement with the existing shareholders recording their rights inter-se in a Shareholders Agreement.
4. Closing Resolutions- The company needs to pass certain resolutions for increasing the authorised capital, recording the investment, appointing new directors etc. This step comprises drafting the relevant closing resolutions.
5. Regulatory Filings with Registrar of Companies- The final step of every investment is to file the relevant forms with the ROC. This product was also comprise making the relevant filings with the ROC.
Scope of Work
1. Drafting/ reviewing termsheet, drafting/reviewing share purchase agreement/ share subscription agreement, drafting/reviewing shareholders agreement, drafting required board and shareholders resolutions for closing and regulatory filings with RoC in case of issue of shares.
2. Filing of PAS-3 constitutes completion of service in case of issue of shares.
3. In case of transfer of shares, drafting the closing resolutions constitutes completion of service.
4. Estimated time for completion of service may vary subject to logistics, negotiation time between parties, request for changes from the client, reimbursements and scrutinising of documents in preparing the draft.
5. All statutory and regulatory fee shall be reimbursable to the professional on actuals.
6. Working days excludes Saturdays, Sundays and Public Holidays.
7. Execution of service shall be carried out only on TIMI platform.
Estimated Time
Approx. 1 month
Pricing
INCLUDES
EXCLUDES
Service Tax & Cess
Courier Charges
Professional charges
Statutory and Regulatory Fee
All Printing & Stationery Expenses
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kavitha sriraman
Legal
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MONISH
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Chennai/Tamil Nadu
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JIJO JOSEPH
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Chennai/Tamil Nadu
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Chartered Accountant Chennai/Tamil Nadu FreelanceEXP : 8 Years
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Income TaxCompany LawConsultancyReal-estateLitigationDraftingRegulatory and Compliance
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Chennai
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New Delhi/Delhi
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Legal New Delhi/Delhi FreelanceEXP : 2 Years
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Rajasekaran K
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Exp : 2 Years
Chennai/Tamil Nadu
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Chartered Accountant Chennai/Tamil Nadu Full TimeEXP : 2 Years
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Bangalore/Karnataka
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Did You Know
1. A term sheet is only a preliminary agreement on terms and conditions for an investment and is usually non-binding.Although a term sheet is not intended to create a binding offer on investment, it can contain certain binding terms like confidentiality or exclusive offer period.
2. A Share Subscription Agreement (SSA) is entered into between a company and the persons who wish to subscribe to the shares issued by that company to firm up the terms of subscription.An SSA sets out the terms of share subscription like share price, nature of shares subscribed, number of shares subscribed, terms of payment etc.
3. A Share Purchase Agreement (SPA) is entered into between a shareholder of a company and the persons to whom the shareholder wishes to transfer his shares. An SPA sets out the terms of share transfer like share transfer price, number of shares transferred, terms of payment, conditions precedent and subsequent to transfer, representations and warranties on which shares are transferred etc.
4. A Shareholders Agreement sets out terms on the management of the shareholders' relationship inter-se, the management of the company, terms on alienation of shares, privileges and protection of shareholders, etc.The shareholders enter into an SHA to ensure that their rights in the company are protected.
5. Stamp duties payable on the documents may vary from State to State in India.
kavitha sriramanLegalID: *****_78Exp : 8 Years
