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Private Equity and Venture Capital

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Service Overview

India has witnessed a surge in foreign direct investment across several industries. India has become a more popular travel and investment destination, but foreign investment is still limited. In this environment, Spiritus Legal makes an ongoing effort to offer its clients fully compliant, distinctive, practical, and quick solutions.

Our Private Equity & Venture Capital team at Spiritus Legal has experience working with investment managers, sponsors, co-investors, lead investors, funds of funds, placement agent and seed investors. Our team has represented both funds and portfolio companies in transactions, and as a result, they are familiar with issues from both perspectives.

Service Highlights

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Fund Formation

Spiritus Legal seamlessly integrates the expertise of its team to provide advice on all facets of fund formation, including jurisdictional, tax, legal, regulatory and commercial matters.

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Conceptualising and Structuring

  • Completing jurisdictional analysis, structuring the deal with the key driving forces, legal and tax ramifications, and regulatory requirements in mind
  • Coordinating with international lawyers and assisting on local law issues in various regions.
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Documentation

  • Drafting all related fund documents
  • Assisting in drafting, and negotiating with Limited Partners, General Partners, Placement Agents, Service Providers and other intermediaries.
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People Related Planning

  • Employee reward schemes and carry arrangements
  • Employee relocation plans
  • Other tax effective compensation models to meet commercial objectives
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Regulatory and Ongoing Advice

  • Drafting and making applications before the Securities and Exchange Board of India (SEBI), the Reserve Bank of India (RBI), the Foreign Investment Promotion Board (FIPB), the Competition Commission of India (CCI) and other regulators for, inter alia, making applications (wherever applicable), registering funds as Foreign Venture Capital Investments (FVCIs), DVCFs, Foreign Institutional Investments (FIIs)
  • Regulatory compliance, reporting and ongoing monitoring issues and governance.
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Deal Execution

Spiritus Legal has been known for its solution-oriented approach and work under strict timelines. Our deal execution assistance includes:

Transaction Related Assistance

  • Legal and Tax Due Diligence;
  • Capital Structuring and Repatriation;
  • Entry and Exit Strategies;
  • Advice on Foreign Exchange and Corporate Laws; and
  • Inputs on Financial Models.

Transaction Documentation

  • Drafting, negotiating and finalising all sorts of transaction documents;
  • Advising and assisting on review of pre and post conditions precedents, corporate resolutions, and closing certificates; and
  • Assisting in regulatory filings and/or applications necessary for transactions.

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