01 Jul Share Subscription Agreement Format India
If you`re a part of a startup or a company looking to raise funds, a Share Subscription Agreement (SSA) is an essential document that you should be familiar with. An SSA is a legal contract that outlines the terms and conditions of the sale of shares from the company to the investor.
In India, an SSA must comply with the Companies Act, 2013, and the rules established under it. Here is a general format that an SSA in India may follow:
1. Introduction: The agreement should start with an introduction that states the names and addresses of the company and the investor.
2. Share Subscription: This section should state the number of shares subscribed and the price per share.
3. Payment: This section should outline the payment method and the terms of payment. It should also mention the consequences of non-payment.
4. Representations and Warranties: The company should make certain representations and warranties about its business, assets, and liabilities in this section.
5. Covenants: This section should outline the agreements between the company and the investor, such as the transfer of shares, restrictions on transfer, and voting rights.
6. Indemnification: This section should explain the indemnification rights and obligations of the parties in case of any breach of the agreement.
7. Governing Law and Dispute Resolution: This section should mention the governing law and the dispute resolution mechanism.
8. Confidentiality: The agreement should include a confidentiality clause that prohibits the disclosure of confidential information.
9. Termination: This section should outline the circumstances that may lead to the termination of the agreement.
10. Miscellaneous: This section should include any other terms that are not covered in the above sections.
In conclusion, an SSA is a crucial document that should be carefully drafted and reviewed by legal professionals. By following the format mentioned above and complying with the relevant laws and regulations, you can ensure a smooth and successful fundraising process.