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ARTICLE · 05 SEPTEMBER 2019

Differential Voting Rights – A Struggle For Power

King, Stubb & Kasiva
King, Stubb & Kasiva
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King, Stubb & Kasiva

King, Stubb & Kasiva

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One's power to control and rule in a democratic set-up is entwined with the system of voting and rights.

IndiaCorporate/Commercial Law

One's power to control and rule in a democratic set-up is entwined with the system of voting and rights. In recent times, India has witnessed the emergence of several start–ups in various sectors and the struggle for controlling these start-ups is like a sword hanging over the founders' neck. In order to grow and endure the competition in today's world, these start–ups require capital. However, the process of raising capital is always followed by a fear of losing control over the management of the company by giving away one's equity in the company.

Recent trends in the global corporate sphere have led to the emergence of various instruments and strategies which enable the raising of capital without diluting the founders' control over the management of the company. The Securities and Exchange Board of India ("SEBI") has approved the issuance of Differential Voting Rights ("DVR") Shares. Consequently, the amendments made to the Companies Act, 2013 ("Act") and its

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