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ARTICLE · 15 JUNE 2023

Decoding iSAFE - Part I

iSAFE (or India SAFE) was introduced by an Indian VC firm 100X.VC, as an adaptation of 'SAFE' (or 'Simple Agreement for Future Equity') document originally introduced by US based fund Y-Combinator.

IndiaCorporate/Commercial Law

NATURE OF iSAFE & SAFE

iSAFE (or India SAFE) was introduced by an Indian VC firm 100X.VC, as an adaptation of 'SAFE' (or 'Simple Agreement for Future Equity') document originally introduced by US based fund Y-Combinator. Speaking in Indian legal terms, we see the Y Combinator 'SAFE' as a non-expiratory, non-interest bearing 'Memorandum of Understanding for contingent stock issuance' with advance consideration, and contingent re-payment obligations in form of cash or conversion to stocks.

iSAFE IS AN AGREEMENT FOR ISSUANCE OF CCPS

The iSAFE, as we see it, is nowhere similar to SAFE either in form or context. It is rather simply an "agreement for issuance" of CCPS (Compulsory Convertible Preference Shares), which are interest rate bearing, having contingent 'class conversion' obligations on the issuing company, and a definitive date for equity conversion. The 'class conversion' provisions are however somewhat similar or identical to the future equity issuance

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