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Equity Contribution Agreement Template for India

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Key Requirements PROMPT example:

Equity Contribution Agreement

"I need an Equity Contribution Agreement for a Series B investment round where three domestic Indian investors will collectively invest INR 50 crores in my technology startup, with closing expected by March 2025; please include tag-along rights and information rights for the investors."

Document background
The Equity Contribution Agreement is a fundamental document used in corporate transactions in India when a company seeks to raise capital through equity investment. This agreement is essential for both domestic and foreign investments, subject to Indian corporate laws and regulations. It outlines the complete framework of the investment, including the quantum of investment, valuation, number of shares to be issued, rights attached to these shares, and various protective provisions for both investors and the company. The document becomes particularly crucial in ensuring compliance with various Indian regulatory requirements, including those under the Companies Act 2013, SEBI regulations (for listed entities), and FEMA (for foreign investments). It serves as the primary reference point for the rights and obligations of all parties involved in the equity investment transaction and often forms the basis for future rounds of investment or exit transactions.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the company, investors, and any other relevant stakeholders

2. Background: Context of the transaction, including company information and purpose of the equity contribution

3. Definitions: Definitions of key terms used throughout the agreement

4. Equity Contribution: Details of the investment amount, number and class of shares to be issued, and price per share

5. Conditions Precedent: Conditions that must be satisfied before the investment obligation becomes binding

6. Closing: Process and requirements for completing the investment transaction

7. Representations and Warranties: Statements of fact and assurances from both the company and the investors

8. Covenants: Ongoing obligations of the parties post-investment

9. Indemnification: Provisions for compensation in case of breach or misrepresentation

10. Confidentiality: Obligations regarding confidential information

11. Notices: Process and requirements for formal communications between parties

12. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

13. Miscellaneous: Standard boilerplate provisions including amendments, assignments, and severability

Optional Sections

1. Anti-dilution Rights: Protection for investors against future dilution of shareholding, used when specifically negotiated

2. Tag-Along Rights: Right of minority shareholders to join in sale of shares by majority, included when protecting minority investors

3. Drag-Along Rights: Right of majority shareholders to force minority to join in sale, included when majority needs exit flexibility

4. Board Nomination Rights: Rights of investors to nominate directors, included for significant investments

5. Foreign Investment Compliance: Specific provisions for compliance with FEMA and FDI regulations, required when foreign investors are involved

6. Information Rights: Rights of investors to receive company information, included for minority investors

7. Pre-emptive Rights: Rights of existing shareholders to participate in future fundraising, included when negotiated

8. Exit Rights: Provisions regarding future exit options for investors, included when specifically required

Suggested Schedules

1. Schedule 1 - Company Information: Detailed information about the company including corporate and capital structure

2. Schedule 2 - Shareholding Pattern: Pre and post-investment shareholding structure of the company

3. Schedule 3 - Conditions Precedent: Detailed list of conditions to be satisfied before investment

4. Schedule 4 - Disclosure Schedule: Exceptions and qualifications to representations and warranties

5. Schedule 5 - Reserved Matters: List of actions requiring investor consent

6. Schedule 6 - Closing Checklist: List of documents and actions required for closing

7. Schedule 7 - Form of Board Resolution: Template for required corporate approvals

8. Schedule 8 - Payment Details: Bank account and other payment-related information

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



















































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Relevant Industries

Technology

Manufacturing

Healthcare

Real Estate

Financial Services

E-commerce

Infrastructure

Renewable Energy

Telecommunications

Education

Retail

Automotive

Agriculture

Biotechnology

Relevant Teams

Legal

Finance

Corporate Development

Compliance

Treasury

Corporate Secretarial

Risk Management

Investment

Board of Directors

Executive Leadership

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Chief Legal Officer

General Counsel

Corporate Lawyer

Investment Manager

Company Secretary

Finance Director

Investment Banker

Private Equity Manager

Venture Capital Associate

Corporate Development Manager

Legal Counsel

Compliance Officer

Board Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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