Areas of Service

The Fund Investment team works seamlessly with other teams including the Tax teams to provide viable structures for fund investment with focus on repatriation of profits and exits. Our industry focus helps us provide clients with structures and documentation that keeps in perspective current industry specifics.

Our focus has been on large and complex deals where we can add maximum value in the form of identification of legal risks, providing legal advice, undertaking documentations and negotiation. We have won many accolades in the Funds Investment sector. Some of them are:

• Nishith Desai Associates has been declared as the Most Innovative Indian Law Firm (2014/2015) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting

• Nishith Desai Associates has been declared as the Second Most Innovative Asia - Pacific Law Firm (2014) at the Innovative Lawyers Asia-Pacific Awards by the Financial Times - RSG Consulting

• Indian Business Law Journal listed our Private Equity & Venture Capital practices in the India Law Firm Awards in (2014 & 2009).

• Legal 500 (Asia-Pacific) has ranked us #1 in the Private Equity and Venture Capital practices for (2009/2010/2011/2012/2013/2014 and 2015). 

• IFLR1000 has ranked Nishith Desai Associates in Tier 1 for Private Equity (2014).

• Ranked No. 1 by Asia Pacific Legal 500 in Investment Funds (2011 / 12 / 13).

• Chambers & Partners has ranked Nishith Desai Associates as # 1 for Private Equity (2011/12/ 13).

• Received honorable mentions in Asian MENA Counsel Magazine for Alternative Investment Funds 2012)

• Ranked highest on ‘Quality’ in a recent Financial Times-RSG Consulting survey of Indian law firms (2011).

• Asian-Counsel Firm of the Year 2009 for Private Equity practice area in India.

The key services offered by our Fund Investments practice group include:

1. Private Equity Investments- Our expertise enables us to handle complex private equity transactions in which we are able to provide strategic advice to our clients. We are involved from the time of concretizing the term sheet and advising on suitable structure and on legal, regulatory and tax implications to conducting legal due diligence and identifying legal risks for the investor, drafting, negotiating and reviewing documentation related to the investment (including share subscription agreement, share purchase agreement, shareholders agreement, indemnity agreement etc.), closing of the transaction and compliance issues thereafter.

2. Venture Capital Investments- Our in depth knowledge of the functioning of startups coupled with understanding of the information technology and e-commerce sector, enables us to provide industry focused advice to venture capital funds. We are involved right from signing of term sheet, to conducting legal due diligence and identifying legal risks for the investor, advising on suitable structure and on legal, regulatory and tax implications, drafting, negotiating and reviewing documentation related to the investment (including share subscription agreement, share purchase agreement, shareholders agreement, indemnity agreement etc.) upto closing of the transaction

3. Exits by private equity and venture capital investors- Our industry expertise coupled with involvement in the investment stage of a transaction helps us advice clients on suitable exit strategies. Our services include assisting clients with structuring, documentation, negotiation and closing.

4. Private investment in public equities (PIPE)

Our firm has acted as legal counsel for some of the most complex and interesting deals in the field of private equity and venture capital investments. We represented, among others, the following private equity and venture capital investors.

NDAFundInv(at)nishithdesai.com