Equity Share Contract Template for India

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Key Requirements PROMPT example:

Equity Share Contract

"I need an Equity Share Contract for my tech startup to issue 10,000 new shares to a venture capital investor in March 2025, including pre-emptive rights and a board seat for the investor."

Document background
The Equity Share Contract serves as a crucial legal instrument in Indian corporate transactions, used whenever there is a need to document the issuance of new shares or transfer of existing shares between parties. This contract type is essential for both private and public companies operating under Indian jurisdiction, requiring strict adherence to the Companies Act 2013, SEBI regulations, and other relevant securities laws. The document typically includes detailed provisions about share rights, transfer mechanisms, voting powers, dividend rights, and other shareholder privileges, while incorporating necessary compliance requirements for Indian corporate law. It's particularly important in investment rounds, ownership restructuring, or when bringing in new shareholders, requiring careful consideration of regulatory requirements, tax implications, and corporate governance standards.
Suggested Sections

1. Parties: Identification of all parties to the agreement including the company and shareholders

2. Background: Context of the share issuance/transfer and company information

3. Definitions and Interpretation: Key terms used throughout the agreement and rules of interpretation

4. Share Details: Specific details of shares being issued/transferred including class, number, and price

5. Consideration: Payment terms and mechanics for the shares

6. Representations and Warranties: Statements of fact and assurances from both parties

7. Share Rights: Voting rights, dividend rights, and other rights attached to the shares

8. Transfer Restrictions: Limitations and conditions on future transfer of shares

9. Completion: Process and conditions for completing the share transfer/issuance

10. Confidentiality: Obligations regarding confidential information

11. Notices: Communication procedures between parties

12. Governing Law and Jurisdiction: Applicable law and dispute resolution mechanisms

Optional Sections

1. Tag-Along Rights: Rights of minority shareholders to join in sale of majority shares

2. Drag-Along Rights: Rights of majority shareholders to force minority to join in sale

3. Pre-emptive Rights: Rights of existing shareholders in future share issuances

4. Board Representation: Rights to appoint directors to the company board

5. Exit Rights: Mechanisms for shareholders to exit their investment

6. Anti-dilution Protection: Protection against dilution in future funding rounds

7. Information Rights: Rights to receive company financial and operational information

8. Non-compete and Non-solicitation: Restrictions on competitive activities

Suggested Schedules

1. Share Certificate Details: Copy of share certificates or details of dematerialized shares

2. Company Information: Details of company registration, directors, and capital structure

3. Shareholding Pattern: Pre and post-transaction shareholding details

4. Board Resolutions: Copies of relevant board resolutions approving the transaction

5. Shareholder Resolutions: Copies of relevant shareholder resolutions

6. Completion Checklist: List of actions and documents required for completion

7. Disclosure Schedule: Exceptions to representations and warranties

8. Regulatory Approvals: List of required regulatory approvals and their status

Authors

Alex Denne

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

Relevant legal definitions
Clauses
Relevant Industries

Technology

Manufacturing

Financial Services

Healthcare

Real Estate

Retail

Infrastructure

Energy

Telecommunications

Professional Services

E-commerce

Media and Entertainment

Relevant Teams

Legal

Finance

Corporate Secretarial

Compliance

Corporate Development

Investment

Board of Directors

Executive Leadership

Mergers and Acquisitions

Due Diligence

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Company Secretary

Legal Counsel

Corporate Lawyer

Investment Manager

Compliance Officer

Director of Finance

Managing Director

Board Director

Investment Banker

Private Equity Manager

Venture Capital Partner

Due Diligence Officer

Corporate Finance Manager

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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