Indemnity obligations are par for the course in most M&A transactions, domestic or cross border. In India, indemnity obligations are recognized under contract laws and are enforceable in general. However, a cross border indemnity attracts a layer of complexity with exchange control laws coming into play.
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General Corporate, M&A and VC/PEEquity investors should be mindful of the Insolvency Code!
General Corporate, M&A and VC/PEThe Insolvency and Bankruptcy Code (Code) is proving to be a game changer; going by recent cases emanating from the National Company Law Tribunals and appellate forums (NCLT). Early trends seem to suggest that the Code may have a profound impact on the way corporate India deals with its debt arrangements.
Read MoreRing-fencing IP in e-commerce investments
General Corporate, M&A and VC/PEThe last 2 (two) decades have seen the rise of multiple e-commerce business unicorns from the Indian start-up ecosystem, assisted in no small measure by venture capital from developed markets. While, investor capital may support the practice of deep discounting for some more time, the eventual winners would be the ones that can provide
Read MoreFDI in India; LLP or Company?
General Corporate, M&A and VC/PEIt has been nearly a decade since the Government of India (GoI) introduced the Limited Liability Partnership Act, 2008 (LLP Act) to facilitate formation of limited liability partnerships (LLP) for various businesses. The LLP was considered an alternative to the limited liability company and envisaged to be used by professionals and smaller businesses.
Read MoreCross-border M&A in India [Part-II]: Navigating the Legal Landscape
General Corporate, M&A and VC/PEThis article is the second part of the series on “Cross-border M&A in India”. Part–I dealt with highlighting certain present day practical challenges to be borne in mind by investors when considering investments in India. Part-II aims to provide certain practical solutions that can be adopted by foreign investors while structuring their Indian investments
Read MoreCross-border M&A in India [Part-I]: Understanding the Legal Landscape
General Corporate, M&A and VC/PEThis article is the first of a two (2) part series offering foreign investors practical insights on negotiating and managing investments in India. India is currently one of the most promising markets in the world and is demonstrating considerable potential to keep growing at the same pace over the next decade. Every international business
Read MoreIP Licensing: An Alternative to Investor Funding?
General Corporate, M&A and VC/PEThe start-up ecosystem in India is a recent phenomenon in comparison to the start-up ecosystems of developed western economies. However, akin to the telecom and the internet sectors the start-up ecosystem in India is also maturing quickly.
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