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| Private Equity forms a cornerstone of our boutique practice. Ongoing regulatory changes in India and the global developments have considerably changed the dynamics, requirements and deal types in the private equity market. Our team is geared to address these challenges and adapt to such dynamic environment and client requirements. |
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| We have had the opportunity to advise and assist both sides of the investment equation i.e. investment funds as well as investee companies across various sectors in India. This has given us the breadth and depth of knowledge about the key issues viewed from both sides of the table. Private equity investments being highly competitive and sensitive to market dynamics, transaction time is the key factor to success. Our expertise in the private equity space and ability to provide one-stop solution to our clientele enables us to accelerate the transaction pace and achieve remarkable transaction success rate. We classify our experience in this segment as: |
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| Private Equity Fund Practice |
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| ARA LAW represents all phases of the life cycle of a fund that include structuring, establishment, investment and exit. Our strength lies in providing one-stop solution by seamlessly coordinating with local counsel in different jurisdiction at the establishment stage, understanding the intricacies and assist in negotiations between General Partners and Limited Partners, advice on Indian regulatory regime and drafting the fund documents. |
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| We have assisted in structuring and establishment of one of the most complex fund structures of varied nature, which include Private Equity Funds, Distress Asset Funds, Real Estate Funds, Mutual Funds, Hedge Funds (Foreign Institutional Investors and Sub-accounts), Art Funds, Emerging Market Funds, Alternative Investment Funds, such as, equipment funds, fund of funds, etc. Our practice inter alia focuses on: |
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Understanding commercial objectives; |
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Structuring the transaction keeping in mind the commercial objectives, legal and tax implications and regulatory requirements; |
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Coordinating with foreign counsels for formation of offshore investment vehicles, in Mauritius, Cyprus, Netherlands, UAE, Singapore and Delaware; |
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Assisting in incorporating and registration of Indian advisory company, domestic trust and putting in place employee arrangements; |
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Drafting fund documents, including the private placement memorandum, subscription agreements, application forms, investment management agreement, investment advisory agreement, contribution agreements, trust deeds, etc.; |
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Assisting in drafting and negotiating agreements with Limited Partners, General Partners, Placement Agents and other intermediaries; |
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Assisting in drafting and making applications before Securities and Exchange Board of India, Reserve Bank of India and other regulators for registering the fund as Foreign Venture Capital Investor, Domestic Venture Capital Fund, Foreign Institutional Investor, Sub-account; |
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Advicing on regulatory compliance, reporting and ongoing monitoring issues and governance; |
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Advicing and assist on carry structures for Indian advisory company and the team. |
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| Private Equity Investment Practice |
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Private Equity being one of the core focus areas of the Firm, our team is updated with market practices and legal changes effecting investments in different sectors in India. Our private equity team aspires to supplement the transaction team of our client. This approach provides us the needed understanding of commercial objectives and helps us deliver workable solutions to legal issues. Our team has several years of experience and sound knowledge to assist in structuring, negotiations and transaction documentation. Our practice inter alia focuses on:
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Establishment of Investment Vehicle
We do not have limitations and work with different law firms across various countries in order to coordinate the process from India and assist in formation of SPVs in various tax efficient jurisdictions including Mauritius, Cyprus, Netherlands, UAE, Singapore and Delaware. |
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Structuring advice and Entry Strategy
We assist in structuring entry strategies keeping in mind the prevalent Foreign Direct Investment regulations, provisions of the Income Tax Act, Double-Tax Treaty, and the exchange controls regulations. We work closely with our clients in achieving a hurdle free entry strategy, maximization of returns while at the same time ensuring tax-efficient operations. |
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Legal Due Diligence
We believe that a sound and focused diligence of the target helps in identifying the conditions, warranties and other covenants for the transaction documents. Our experience and ability in picking up key aspects of private equity nuances helps us in identifying the risks or issues involved in the transaction and provide sufficient feedback to the financial team with valuation and financial concern areas. |
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Regulatory Approvals
We assist right from the stage of drafting, filing applications to coordinating with various regulatory authorities for seeking transaction approvals includingfrom the Foreign Investment Promotion Board, Reserve Bank of India, Securities and Exchange Board of India. |
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Definitive Documentation and Negotiation
Includes drafting, negotiating and execution of the transaction documents including Share Purchase Agreements, Share Subscription Agreements and Shareholders’ Agreement. |
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Exit Options
Our team believes that a sound strategy is incomplete without effective and efficient exit structure and documentation. |
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