Private Equity, Venture Capital & Start-ups

Desai & Diwanji has consistently dominated the Indian private equity landscape and has advised on
                      some of the largest private equity transactions for nearly three decades

Our private equity practice has a diverse domestic and international client base of long-standing relationships, which includes leading sovereign wealth funds, pension funds, hedge funds, infrastructure funds, real estate funds, institutional investors, angel investors, impact investors, investment managers, asset managers, founders and investee companies. We understand the nuances of our clients’ investment philosophy and tailor our transaction advice to align with their needs. Having studied the target companies at the investment stage, we continue to advise our clients as well as their portfolio companies for their ongoing requirements on statutory compliances, operational issues, further rounds of investment, IPOs and exits. Our lawyers have been consistently participating in, and contributing to, policy formulation and regulatory amendments affecting the Indian private equity space for over 25 years.

Our venture capital and start-ups practice comprises lawyers with extensive experience and is principally focused on advising our clients in the PE, VC and start-up ecosystems. It spans the entire spectrum of investment transactions, including seed funding, early stage and growth funding (including Series A, Series B and Series C investments), control deals, management buy-outs, leveraged buy-outs, PIPE deals, take-private transactions, special situations, as well as distressed assets. Our lawyers are known to think out of the box and customise solutions that seamlessly align with the requirements of clients, while tailoring the approach as well as overall strategy to take into account the specific demands of each deal.

The breadth of our experience across sectors, including regulated industries, enables us to evaluate and surmount complex challenges and sector-specific issues presented in an evolving market while advising our clients on all aspects, including:

  • conduct of legal due diligences, risk assessment, risk mitigation advice
  • entry strategies, choice of equity or debt and types of securities, exit strategies
  • buyouts (MBOs and LBOs), control deals, PIPE deals, investments in situations, distressed companies and stressed assets
  • regulatory advice pertaining to foreign direct investment (FDI) policy, foreign exchange (FEMA) regulations, valuations, competition compliance, inside trading, anti-bribery laws and the like
  • industry specific statutes, rules, regulations, bye-laws of industry associations and market practices
  • drafting of the entire gamut of documentation, right from term sheets to SSAs, SPAs, SHAs and the like
  • transaction negotiation with other PE and VC investors
  • drafting documents pertaining to, and advising on, issues involving IPR, trade secrets, goodwill, non-compete, confidentiality, non-solicitation; senior executive employment agreements and the like

Lawyers from this practice regularly collaborate with members of the Firm’s other practice areas in order to provide clients with in-depth as well as domain-specific legal advice and solutions coupled with a seamless service experience, resulting in an efficient realisation of client objectives.

The Firm has received various awards and recognitions in this practice area, and our work consistently ranks us among the leading law firms in India in the private equity league tables.