Areas Of Practice

Private Equity & Startups

Investors in the startup ecosystem grapple with seizing buying and selling opportunities against the clock. They do this while dealing with risk management around investment structuring, fund structuring, exit strategies and other such rights. Further, there is transactional risk in misinterpreting complex derivative contracts, operational risk arising out of co-ownership of inadequate internal processes around data and various other similar risks. All of this occurs within the context of a highly volatile Indian regulatory regime.

Effectively navigating these challenges would require facilitators with deep expertise in financial laws, securities regulation, investment vehicles, and rich experience of commercial contracts. Legal advice in this regard cannot be divorced from industry-specific market realities such as the behaviour of various asset classes, structuring strategies, pricing and valuation standards.

Our team at Spark Legal offers the full spectrum of fundraising advice and execution on both the buy side and the sell side, in both primary and secondary investments. Our coverage includes deal structuring and negotiation, due diligence and documentation, post-closing implementation, regulatory compliance, and risk assessment matrix.

Our Services:

Business Structuring: The firm advises on structuring corporate entities optimally, considering factors like mergers, acquisitions, joint ventures, and reorganizations. This guidance aims to enhance operational efficiency, maximize synergies, and mitigate risks associated with corporate structuring decisions.
Contractual Agreements: Our team prepares various agreements for the clients such as Term Sheets, Share Purchase Agreement, Limited Partnership Agreement, Investment Agreement, Management Agreement, Shareholder’s Agreement and Debt Financing Agreements which are essential for effective operation of a startup.
Regulatory Compliance: Our team has regulatory enquiries and inspections as its strength. Our lawyers regularly assist with internal investigations into regulatory non-compliance, risk management and mitigation, and evaluating potential market conduct issues.
Risk Assessment: This involves a detailed evaluation of potential risks across corporate activities such as transactions, operations, and legal matters. By identifying and analyzing risks meticulously, the firm provides insights that enable the clients to make informed decisions and implement proactive risk management strategies.
Private Equity Management: We ensure the smooth operation, regulation and management of private equity funds while safeguarding the interests of investors, companies, and stakeholders involved.
Investment Strategies: The firm advises the client on strategies to build growth capital, distressed investments and leveraged buyouts ensuring compliance with the applicable laws and procedures.
Post closing implementation:
1. Intellectual Property Policy Development: Our team works towards crafting and implementing internal policies and procedures tailored to clients' specific business needs, ensuring effective management and protection of intellectual property assets. The intellectual property and related policies address IP ownership, usage rights, confidentiality, and compliance aligning with clients' strategic goals and operational requirements to enhance overall IP management effectiveness.
2. Licensing Assistance: Our team facilitates the licensing process by preparing the filing documents in detail and liaising with regulators and government authorities to obtain the necessary approvals for our clients’ operations after various checks and processes.