Areas Of Practice

business formation and fundraising

Businesses attempt to thrive in a corporate world full of risks to their ideas, brand and inventions, extremely heavy ongoing compliances and filing costs, contractual pitfalls, potential disputes, hefty fines and penalties, even criminal liability. Unplanned company structure and flawed founder and vendor agreements can lead to heavy losses, both financial and operational.

To ensure compliance, protect the interest of the business and to mitigate any unseen operational hazards it is required that charter documents are meticulously drafted and other foundational documents such as articles of association and employee contracts are legally sound with intellectual property clauses, and confidentiality clauses. The intellectual property of the business needs to be duly protected and a comprehensive employee handbook outlining company policies and procedures and ensuring labour law compliance needs to be in place. Various commercial lease agreements, investor agreements and loan agreements need to be appropriately drafted keeping in view the legal nuances and business requirements ensuring adherence to industry-specific regulations.

Our team at Spark Legal provides guidance on the entire fundraising process and assists in drafting and negotiating term sheets, investment agreements, and shareholder agreements. We handle the entire incorporation process, including the preparation and filing of necessary documents, such as articles of incorporation, operating agreements and ensure compliance with local, state, and central regulations.

Our Services:

Incorporation documents: We provide diligent advice and drafting expertise with regard to articles of association, constitutional documents, co-founders’ agreement, vendor agreement, operating agreements, employee agreements, loan agreements and various other legal documents necessary for the business's governance structure and protecting the interests of its owners and stakeholders.
License and Permits: Our team helps in the documentation required for obtaining various permits and licenses to start a business as is critical to legally operate and provide services within a particular jurisdiction and to ensure accountability.
Co-investment structuring: Our team provides the clients with services regarding co-investment vehicles, joint ventures, or collaborative projects, we are committed to delivering innovative legal strategies that foster mutually beneficial partnerships and drive sustainable business success.
Structuring and establishment of investment platforms: Our approach integrates thorough legal analysis with strategic insight, ensuring that investment platforms are structured to optimize returns while adhering to regulatory frameworks. From fund formation and governance to investor relations and exit strategies, our team is dedicated to delivering solutions that support our clients' financial objectives and long-term growth aspirations effectively.
Carried Interest and compensation arrangements: Our approach combines meticulous attention to detail with a strategic understanding of business dynamics, enabling us to deliver solutions that attract and retain top talent while optimizing organizational performance. Whether it involves executive compensation, employee stock options (ESOPs), stock appreciation rights (SARs), or performance-linked incentives, our firm stands ready to provide nuanced advice and implement effective arrangements that support our clients' long-term success.
Buy-Outs and Spin-offs: Whether it's structuring the spin-off or buy-out entity, negotiating terms, or addressing regulatory compliance, our team is committed to delivering reliable advice and practical solutions that empower businesses to achieve their objectives effectively and efficiently.
Joint Venture Investment arrangements: Our capabilities encompass comprehensive legal counsel on joint venture agreements, governance frameworks, regulatory compliance, and dispute resolution mechanisms.
Fund restructuring: We excel in navigating complex regulatory environments to optimize fund structures, ensuring compliance and enhancing operational efficiency. From strategic reorganization to investor communications, we deliver tailored solutions that maximize value and support long-term fund performance.
Investment funds: Our team acts for foreign and Indian sponsors in setting up onshore and offshore funds, including private equity funds, venture capital funds, mutual funds, real estate investment funds and pool investment vehicles. Our practice also includes advising such funds in investments in and divestments from, publicly traded and privately held Indian companies.
Strategic Planning and Implementation: Our team identifies opportunities, sets clear objectives, and develops comprehensive strategies tailored to the needs of our clients.