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Put And Call Option Contract Template for India

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Key Requirements PROMPT example:

Put And Call Option Contract

"I need a Put and Call Option Contract governed by Indian law for a tech startup investment, where my venture capital firm will acquire 25% stake with options exercisable from January 2025, including specific valuation mechanisms for a technology company and compliance with SEBI startup listing regulations."

Document background
The Put And Call Option Contract serves as a crucial instrument in Indian business transactions, providing parties with reciprocal rights to buy and sell specific assets or securities under predetermined conditions. This document is typically used in investment scenarios, joint ventures, or strategic business arrangements where parties seek to establish future purchase and sale rights with certainty of execution. The agreement must comply with Indian contract law, SEBI regulations, and other relevant statutory requirements, particularly considering the enforceability aspects of option contracts under Indian jurisdiction. It includes detailed provisions for price determination, exercise mechanisms, and completion procedures, often used in conjunction with shareholders' agreements or investment agreements. The document becomes particularly important in cross-border transactions where alignment with Indian foreign exchange regulations is crucial.
Suggested Sections

1. Parties: Identification of the parties entering into the option agreement, including full legal names and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of the option arrangement

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules of interpretation

4. Grant of Options: Clear statement of the put and call options being granted, including the underlying assets

5. Option Exercise Period: Specification of when each option can be exercised, including commencement and expiration dates

6. Exercise Price and Payment Terms: Detailed terms of the exercise price for both put and call options, including calculation methods and payment procedures

7. Exercise Mechanism: Process and formalities for exercising either option, including notice requirements

8. Representations and Warranties: Standard and specific warranties regarding the underlying assets and parties' capacity

9. Completion Obligations: Actions required upon exercise of options, including transfer procedures and documentation

10. Termination: Circumstances under which the agreement can be terminated and consequences

11. Confidentiality: Obligations regarding confidential information shared during the agreement

12. Notices: Format and procedure for all formal communications under the agreement

13. Governing Law and Jurisdiction: Specification of Indian law as governing law and jurisdiction for disputes

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

Optional Sections

1. Tag-Along Rights: Include when other shareholders should have the right to join in the sale of shares

2. Drag-Along Rights: Include when majority shareholders should have the right to force minority shareholders to join in the sale

3. Foreign Exchange Provisions: Include when deal involves cross-border elements or foreign currency considerations

4. Regulatory Compliance: Include when specific regulatory requirements need to be addressed, such as SEBI regulations

5. Third Party Rights: Include when rights or obligations affect parties beyond the main contracting parties

6. Security Arrangements: Include when collateral or security is required for the option agreement

7. Tax Provisions: Include detailed tax clauses when specific tax treatments or allocations need to be addressed

8. Force Majeure: Include when specific events beyond parties' control should affect option exercise rights

Suggested Schedules

1. Schedule 1 - Details of Underlying Assets: Detailed description of the assets subject to the options, including share certificates or property details

2. Schedule 2 - Option Exercise Price Calculation: Formula and methodology for calculating the option exercise price, including adjustments

3. Schedule 3 - Form of Option Exercise Notice: Template notice for exercising either the put or call option

4. Schedule 4 - Completion Requirements: Checklist of documents and actions required at completion

5. Schedule 5 - Warranties: Detailed warranties regarding the underlying assets and business

6. Appendix A - Board Resolutions: Format of required corporate authorizations

7. Appendix B - Regulatory Approvals: List of required regulatory approvals and status

8. Appendix C - Valuation Principles: Agreed principles and methods for asset valuation if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Financial Services

Investment Banking

Private Equity

Real Estate

Manufacturing

Technology

Infrastructure

Energy

Telecommunications

Professional Services

Relevant Teams

Legal

Finance

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Treasury

Risk Management

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Corporate Secretarial

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Strategic Planning

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Relevant Roles

Chief Financial Officer

Investment Director

Legal Counsel

Corporate Lawyer

Investment Manager

Finance Director

Business Development Manager

Risk Manager

Compliance Officer

Company Secretary

Managing Director

Portfolio Manager

Treasury Manager

Strategic Planning Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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