The Investment Agreement Between Individual And Individual is a crucial legal document used in the Indian legal context when one individual wishes to invest funds in another individual's business venture or project. This agreement is particularly relevant in today's growing entrepreneurial landscape where private investments between individuals are becoming increasingly common. The document encompasses essential elements required under Indian law, including investment terms, payment schedules, representations and warranties, rights and obligations of both parties, exit mechanisms, and dispute resolution procedures. It ensures compliance with various Indian regulations including the Indian Contract Act, 1872, Income Tax Act, 1961, and relevant SEBI guidelines where applicable. This type of agreement is commonly used for angel investments, small business funding, property investments, or any scenario where one individual provides financial investment to another with an expectation of returns.
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1. Parties: Identification of the investor and investee with their full legal names, addresses, and other contact details
2. Background: Context of the investment, including brief description of the investment opportunity and purpose
3. Definitions: Definitions of key terms used throughout the agreement
4. Investment Terms: Details of the investment amount, valuation, and any tranches or conditions precedent
5. Payment Terms: Specifics of how and when the investment amount will be paid
6. Representations and Warranties: Statements of fact and assurances from both parties about their capacity, authority, and other relevant matters
7. Rights and Obligations: Key rights and responsibilities of both parties, including information rights and governance matters
8. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
9. Exit Provisions: Terms governing how the investor can exit the investment, including transfer rights
10. Confidentiality: Provisions regarding the treatment of confidential information shared between parties
11. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Tag-Along Rights: Optional section for when the investor wants the right to join in any sale by the investee
2. Drag-Along Rights: Optional section for when the investor wants the ability to force the investee to join in a sale
3. Anti-Dilution Protection: Optional section for protecting the investor's stake from dilution in future funding rounds
4. Right of First Refusal: Optional section giving either party priority rights in future investment opportunities
5. Put Option: Optional section giving the investor the right to sell their investment back to the investee
6. Call Option: Optional section giving the investee the right to buy back the investment
7. Performance Metrics: Optional section defining specific performance targets and consequences
8. Insurance Requirements: Optional section specifying required insurance coverage
1. Schedule 1 - Investment Details: Detailed breakdown of the investment amount, payment schedule, and valuation metrics
2. Schedule 2 - Business Plan: Detailed business plan or project description related to the investment
3. Schedule 3 - Due Diligence Reports: Summary of any due diligence findings and related documents
4. Schedule 4 - Asset Register: List of key assets covered by or relevant to the investment
5. Schedule 5 - Existing Liabilities: Declaration of existing liabilities or commitments
6. Appendix A - Compliance Certificates: Copies of relevant compliance certificates and regulatory approvals
7. Appendix B - Financial Statements: Recent financial statements or projections
8. Appendix C - KYC Documents: Copies of identity proofs and other KYC documentation
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