Shareholders’ agreement

Right Of First Refusal: A Contractual Restriction On Transfer Of Shares

Introduction Among various provisions of incorporating documents such as shareholder™s agreement in a corporation, an item will often appear labeled ROFR / Right of First Refusal. ROFR is a contractual right that obliges the selling shareholder not to sell its shares in the company to a third party without offering his shares to another party… Read More

Tags: Companies Act 1956Company Law BoardCorporationDelhi High CourtPre-emption rightRight of First RefusalROFRShareholders' agreement

Call and Put Options Allowed By SEBI

Another breather for Corporate India after the passage of the Companies Act, 2013 is that SEBI has allowed companies to include call and put options in the M&A and Private Equity Agreements.[1] Companies can now enter contracts for pre-emption including right of first refusal, or tag-along or drag-along rights contained in shareholders agreements or articles… Read More

Tags: Companies ActDerivativesIndiaPrivate EquityRegulationRight of First RefusalSEBISecurities & Exchange Board of IndiaShareholders' agreement

SEBI permits contracts for pre-emption and options in shareholders agreements

SEBI has issued a notification today, inter alia, permitting contracts for pre-emption including right of first refusal, tag-along or drag-along rights contained in the shareholders agreements or articles of association of companies. SEBI has also permitted contracts containing an option for purchase or sale of securities subject  to the following: (a)    the title and ownership… Read More

Tags: Articles of AssociationForeign Exchange Management ActIndiaRegulationSEBISecurities & Exchange Board of IndiaShareholders' agreementStock exchange

Amendment of the existing policy on Foreign Direct Investment

Government of India Ministry of Commerce & Industry Department of Industrial Policy & Promotion  Press Note No.4 (2013 Series) Subject: Amendment of the existing policy on Foreign Direct Investment - definition of the term control, for calculation of total foreign investment i.e. direct and indirect foreign investment, in Indian companies. 1.0 Present Position: 1.1 As per paragraph… Read More

Tags: Asiaforeign direct investmentGovernment of IndiaIndiaIndian nationality lawList of companies of IndiaMinistry of Commerce & IndustryShareholders' agreement

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