1. Regulatory Approvals: Depending on the nature of the investment, various approvals may be required from regulatory bodies such as the Reserve Bank of India (RBI), Foreign Investment Promotion Board (FIPB), and Securities and Exchange Board of India (SEBI).
2. Structuring of Investments: A critical aspect of investing is how the investment is structured, which is typically carried out via equity shares, preference shares or convertible instruments.
3. Compliance with FDI Policy: Foreign investors need to ensure compliance with the current FDI policy in India, which stipulates sectoral caps, allowable entry routes, pricing guidelines, and more.
4. Due Diligence: Performing thorough legal and financial due diligence is essential before finalizing any investments. This helps investors understand potential risks associated with the investment and ensures compliance with Indian laws.
5. Exit Rights: The terms and conditions under which investors can exit their investment need to be clearly defined to avoid any future disputes.
6. Dispute Resolution Mechanisms: The agreement must contain clear dispute resolution clauses, including choice of law and forum for resolution.
7. Minority Protection: It is essential to safeguard minority investors’ rights. These rights could range from affirmative voting rights on certain key issues to a right to appoint directors on the investee company’s board.
10. Intellectual Property Rights: If the investee company’s operations are based on certain IP, it is paramount to ensure that these rights are adequately protected.