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ARTICLE · 31 AUGUST 2017

AoA over SHA: Overriding Powers!

Young India is turning entrepreneurial and with dozens of success stories of start-ups making it big, the age of entrepreneurship seems to have finally arrived.

IndiaCorporate/Commercial Law

Young India is turning entrepreneurial and with dozens of success stories of start-ups making it big, the age of entrepreneurship seems to have finally arrived. However, even a great and innovative idea, without adequate capital backing is not enough to set up a successful venture. Fund raising is a highly challenging task for any enterprise, especially a startup. With little to offer the traditional lenders in terms of hard assets, past performance and market value, most startups turn to private and professional investors for investments.

These investors provide capital for an agreed return and to secure the same generally acquire a stake in the company. They also insist upon having certain rights as a stakeholder in the decision making of the company to protect their interest. The agreed mechanism of investment, rights and obligations of the parties (both promoters and investors) are all formalized and captured in a set of transaction documents. These documents

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