Overview

Private equity and venture capital play a pivotal role in fueling the growth of high-potential companies. Beyond providing essential funding, they offer strategic guidance, process optimization, market intelligence, and mentorship, enabling businesses to scale effectively and navigate critical growth phases. Securing the right investment at the right time is often the key to a company’s success. Notable examples of companies that have thrived with such support include Flipkart, Paytm, Dream11, Ola, Swiggy, and Zepto.

India is one of the most attractive & emerging investment destinations for PE VC funds. That said, funds are increasingly becoming selective while making investment decisions and quality of business is a priority. Given the economic and other impact of the Covid-19 Crisis, it is important to be abreast of the emerging issues across business sectors, growing expectations amongst the funds and their impact on PE/VC deals.

On the other hand, a lot of effort goes in finding the right investor for a business or vice versa. When you do, it is important to have investment agreements that represents the interests of everyone involved. The investor would want to make sure its investment is protected, and the company will want to make sure that the funds are delivered smoothly and the founders have protected their stake in the venture. This makes writing a proper investment contract a critical first step in the business relationship. Clear & unambiguous investment agreement is very significant to establish a win-win situation for the parties involved in any PE, VC and M&A Deals.

VCCircle’s upcoming workshop will equip delegates decode Government policies, and their impact on commercial transactions; preparing potential sellers to handle M&A; preparing companies to raise funds or expand their companies, exit planning alternative potential exit routes. This program will also create a solid understanding of the documenting processes relating to PE/VC and M&A transactions, valuation considerations and deal making in the post-covid era; the future of tax on deals; key tax watch outs and mitigation strategies; identifying commercial issues and producing clear instructions to lawyers and executives involved.

It will also help in equipping with the technicalities involved in clear and well thought out term-sheet negotiation, proper deal structuring know-how to maximize returns and unambiguous deal documentation to avoid pitfalls and will enhance your deal-making skills that you can immediately put into practice.

Key Takeaways

  • Understanding the Fundraising Landscape
  • Liquidity Management & Valuation Strategies
  • Investment Funds Structuring & Tax Considerations
  • Comprehensive Deal Flow & Due Diligence
  • ESG, Sustainability & Impact Investing
  • Navigating Domestic AIFs & Fund Structuring in India
  • Definitive Documentation & Negotiation Tactics
  • Tax Structuring & Risk Mitigation in Deal-Making
  • Mastering Negotiations in Deal-Making

Target Audience

  • Entrepreneurs & organizations looking to raise funds
  • CXOs, MDs, Directors and Senior Management
  • Executives involved in PE/VC and M&A Deals
  • CFOs, Financial Directors, Directors of Strategic Planning and Senior Finance Executives
  • Corporate/General/In-house Counsel/Company Secretaries
  • Investment Bankers, Professional Advisers, Law Firms & Consultants
  • Individual, Private and Institutional Investors
  • VPs & Managers from Legal Department
  • Investment/Fund Managers
  • Private Equity & Venture Capitalist

Agenda

9:15 AM onwards
  • 9:15 AM – 9:30 AM

    Welcome Address

  • 9:00 AM – 10:30 AM

    Introduction to PE/VC Fundraising - An Investor's Perspective

    Topics covered:

    • Determining the right time for fundraising
    • Preparation and fundraising process
    • Strategic approaches to fundraising
    • Common pitfalls and challenges
  • 10:30 AM – 11:45 AM

    Fundraising & Managing Liquidity: Deal Value Considerations

    Topics covered:

    • Navigating deal-making in challenging environments
    • Managing liquidity and cash flow considerations
    • Accelerating the fundraising/M&A process
    • Due diligence: financial and commercial perspectives
    • Valuation considerations for deal structuring
    • Leveraging opportunities in a dynamic market

    Trainer: Raja Lahiri, Partner, Growth & TMT Sector Leader, Grant Thornton Bharat

  • 11:45 AM – 12:00 PM

    Break

  • 12:00 PM – 1:00 PM

    Investment Funds

    Topics covered:

    • Selecting appropriate investment vehicles: commercial, legal, regulatory, and tax aspects
    • Establishing investment vehicles in India: Focus on AIFs
    • Offshore investment vehicles for Indian markets: FDI and FVCI routes
    • Unified and co-investment fund structures
    • Tax implications and considerations

    Trainer: Divaspati Singh, Partner | Investment Funds, Private Equity, Corporate and Commercial, Khaitan & Co

  • 1:00 PM – Onwards

    Day 1 Concludes

9:15 AM onwards
  • 9:15 AM – 10:30 AM

    Tax Structuring for PE/VC Fundraising

    Topics covered:

    • Structuring investments: Instruments, ROI, key tax and regulatory considerations
    • Creating ratchet mechanisms and exit strategies
    • Mitigating tax risks through indemnities/insurance
    • IPO vs M&A – the conundrum in current times
    • Fund-level structuring for investments and exits

    Trainer: Anil Talreja, Partner, Deloitte India

  • 10:30 AM – 11:30 AM

    Deal flow and due diligence

    Topics covered:

    • Deal flow mechanics and associated legal workstreams
    • Funding stages - overview
    • Deal Making: Recent Developments and Trends 
    • Conducting comprehensive legal due diligence with key buy-side and sell-side considerations 
    • Negotiation techniques for investment agreements 
    • Addressing challenges in deal documentation 
    • Preliminary documents
    • NDAs
    • Mastering term sheets

    Trainer: Karan Kalra, Founder, Bombay Law Chambers

  • 11:30 AM – 11:45 AM

    Break

  • 11:45 AM – 1:00 PM

    Significance of ESG, Sustainability, and Impact in Fundraising

    Topics covered:

    • Role of ESG and sustainability in investment decisions
    • ESG considerations for institutional investors and DFIs
    • Building ESG frameworks and disclosure practices
    • ESG-driven fundraising and value creation

    Trainer: Aniket Jalgaonkar, Climate Change Lead - APAC, AXA Climate

  • 1:00 PM – Onwards

    Day 2 Concludes

9:15 AM onwards
  • 9:15 AM – 9:30 AM

    Recap & Introduction

  • 9:30 AM – 10:45 AM

    Deep dive on Domestic AIFs in India

    Topics Covered:

    • Overview of Domestic AIFs
    • Market Landscape and Growth Trends
    • Fund Structuring and Operations
    • Investment Strategies and asset classes

    Trainer: Samip Barlota, Partner, Price Waterhouse & Co LLP

  • 10:45 AM – 11:00 AM

    Break

  • 11:00 AM – 12:00 PM

    Definitive Documentation and Negotiation Strategies

    Topics covered:

    • Definitive documents
    • Share subscription agreements and share purchase agreements
    • Shareholder agreements
    • Employment contracts
    • Inter-se agreements 
    • Managing negotiations
    • Negotiation Strategies
    • Keey negotiation considerations at different stages fund raising

    Trainer: Karan Kalra, Founder, Bombay Law Chambers

  • 12:00 PM – Onwards

    Day 3 Concludes

9:30 AM onwards
  • 9:30 AM – 10:30 AM

    Tax Structuring in Deal-Making

    Topics covered:

    • Tax dynamics in deal documentation
    • Mitigating tax risks in definitive agreements
    • Budget impacts and tax considerations for PE/VC investments

    Trainer: Anil Talreja, Partner, Deloitte India

  • 10:30 AM – 12:00 PM

    The Art and Science of Deal Negotiations

    Topics covered:

    • Negotiation strategies: Balancing art and science
    • Managing biases and creating value
    • Effective communication and closing techniques

    Presenter: Imran Jafar, Managing Partner, Gaja Capital

  • 12:00 PM – Onwards

    Course Concludes


Experts

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Karan Kalra

Founder, Bombay Law Chambers
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Divaspati Singh

Partner | Investment Funds, Private Equity, Corporate and Commercial, Khaitan & Co
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Anil Talreja

Partner, Deloitte India
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Samip Barlota

Partner, Price Waterhouse & Co LLP

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