A Company Evaluation Contract is a crucial document used when a professional assessment of a company's value, assets, or operations is required. This agreement, governed by Indian law, is commonly utilized in scenarios such as mergers and acquisitions, investment decisions, regulatory compliance, or strategic planning. The document establishes the framework for conducting the evaluation, incorporating requirements from the Companies Act 2013, SEBI regulations, and other relevant Indian legislation. It details the rights and obligations of the evaluation firm and the target company, including access to information, confidentiality requirements, evaluation methodologies, and delivery timelines. The contract ensures that the evaluation process follows recognized Indian valuation standards while protecting the interests of all parties involved.
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1. Parties: Identification of the evaluating firm and the company being evaluated, including their registered addresses and authorized representatives
2. Background: Context of the evaluation, including the company's business nature and purpose of the evaluation
3. Definitions: Key terms used in the agreement, including technical valuation terms and methodological definitions
4. Scope of Services: Detailed description of the evaluation services to be provided, including specific areas of assessment
5. Evaluation Methodology: Overview of the valuation approaches and methodologies to be employed
6. Information Requirements: Details of documents, data, and access required from the company for the evaluation
7. Deliverables: Description of the evaluation report format, contents, and any interim deliverables
8. Timeline: Project schedule including key milestones and delivery dates
9. Professional Fees: Fee structure, payment terms, and out-of-pocket expenses
10. Confidentiality: Obligations regarding confidential information and data protection
11. Representations and Warranties: Statements of fact and assurances from both parties
12. Limitation of Liability: Scope and extent of the evaluator's liability
13. Termination: Conditions and process for terminating the engagement
14. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution
1. Foreign Exchange Considerations: Required when the evaluation involves cross-border elements or foreign currency considerations
2. Industry-Specific Requirements: Additional terms specific to regulated industries or specialized sectors
3. Multiple Stakeholder Provisions: Required when multiple parties have interests in the evaluation results
4. Regulatory Compliance: Specific compliance requirements for regulated entities or special purpose evaluations
5. Force Majeure: Provisions for unforeseen circumstances affecting the evaluation process
6. Data Protection and Privacy: Enhanced privacy provisions when dealing with sensitive personal data or cross-border data transfers
1. Schedule A - Document Checklist: Comprehensive list of required documents and information for the evaluation
2. Schedule B - Evaluation Methodology Details: Detailed description of valuation methods and their application
3. Schedule C - Fee Structure: Detailed breakdown of fees, payment milestones, and expense categories
4. Schedule D - Project Timeline: Detailed project schedule with specific dates and milestones
5. Schedule E - Team Composition: Details of the evaluation team members and their roles
6. Appendix 1 - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the evaluation
7. Appendix 2 - Report Format: Template or structure of the final evaluation report
8. Appendix 3 - Assumptions and Limitations: Standard assumptions and limitations applicable to the evaluation
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