Employee Non-Compete Agreement – Meaning And Enforcement

An non-compete agreement under which an employee agrees that he will serve a particular employer for certain duration, and that he will not serve anybody else during that period, is a valid agreement. During the period of employment, the employer has an exclusive right to

Family Settlement Agreements – Its Meaning and Significance

A dispute between two siblings, like we witnessed within the Reliance Group, can trigger a dispute within a family. The two brothers in this case were fighting over the ownership of the company, who owns what part and how much. Without going into the merits of the case we

Director Appointment Agreement – Legal Position

Employment Agreement with Directors – Its Meaning

Hiring and appointing directors in India is governed by the Indian Companies Act, 2013 and charter documents of the company such as the articles of association. While the said legislation defines the different types of directors, such as executive, independent

Investment Agreements (SHA and SPA) – Understanding the Meaning

In simple language a transaction document is one which set-outs details of a proposed transaction, in our context an investment transaction such as purchase of equity or preference shares or subscribing to debentures of a company, whether convertible or

Sexual Harassment At Workplace – Understanding The Sexual Harassment Act

Sexual harassment at work place is governed by a legislation known as Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013. According to the said legislation organizations must show committed to providing a work environment

Director’s Liability Under The Indian Companies Act, 2013

DIRECTORS LIABILITY

The ubiquitous issue of corruption and the high risk of internal fraud raise serious concerns about the liability of corporate directors. American litigators who represent Indian companies or advice clients interested in becoming corporate officers in India would do

We Finally Have An Official Definition For ‘convertible Note’ In India

CONVERTIBLE NOTE IN INDIA

Simply put, a convertible note (debentures) is debt that converts into equity at the time of a future financing.  In other words, convertible note (debenture) investors are lending you money with the understanding that when you raise a Series A (typically the next step

Concept Of Maternity Leave In India

MEANING AND SIGNIFICANCE OF THE MATERNITY BENEFIT ACT

The Maternity Benefit Act, 1961 (the “Maternity Benefit Act”) applies to every shop, establishment, enterprise or company wherein ten or more people were employed in the preceding twelve months. One of the primary objectives of the Maternity Benefit Act is to maintain

Dead-lock Provision In A Shareholders Agreement

For the shareholders involved, the period of disagreement on matters that require their vote is often stressful, resulting in their spending valuable time at loggerheads with each other. Ultimately the bickering shareholders may cause the business to run into financial