Category: General Corporate

‘Ordinary Course of Business’ in Investment Agreements: Is it Useful Defining the Phrase?

General Corporate

It is quite common to notice the phrase ‘ordinary course of business’, used across various investment and acquisition agreements. The phrase is used in VC/PE shareholder agreements to allow promoters/founders of investee companies the flexibility to operate without obtaining investors’ consent. Activities or business decisions that are in the ‘ordinary course’ are usually exempt from …

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Equity investors should be mindful of the Insolvency Code!

M&A, Venture Capital and Private Equity

The 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. However, the regime for …

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Ring-fencing IP in e-commerce investments

General Corporate

The 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 a …

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FDI in India; LLP or Company?

General Corporate

It 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. The GoI …

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IP Licensing: An Alternative to Investor Funding?

General Corporate

The 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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