Term Sheet

The main terms and conditions for investing money in a firm are listed in a term sheet. It is usually applied to mergers and acquisitions, venture capital investments, and other intricate commercial transactions. The term sheet serves as a guide for the final contract and makes it easier for both parties to comprehend the key elements of the proposed agreement.

A term sheet outlines the key terms and conditions of a potential investment or deal. It typically includes details such as the investment amount, ownership structure, rights and responsibilities of the parties, expected returns, timeline, and any contingencies. While it provides a framework for negotiations, a term sheet is non-binding and does not legally commit the parties to the transaction. It serves as a foundation for drafting the final, legally binding agreement.

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    How to get a Term Sheet Registered

    Apply for Digital Signature Certificate (DSC)

    A Digital Signature Certificate (DSC) is used to verify identity and secure online transactions. To apply, submit identity proof to a certifying authority. Once issued, it allows you to sign documents and use e-services securely.

    Apply for Director’s Identification Number (DIN)

    To apply for a Director’s Identification Number (DIN), submit an online application to the Ministry of Corporate Affairs (MCA) with personal details and identity proof. It’s required for anyone wishing to be a company director.

    Apply for Digital Signature Certificate (DSC)

    To apply for a Digital Signature Certificate (DSC), submit an online application to a certifying authority with your identity and address proof. DSC is required for securely signing electronic documents and transactions.

    Draft MoA and AoA

    The MoA covers the company’s name, objectives, liability, and share capital, while the AoA details internal rules on shares, directors, meetings, and winding up. Both are essential for company registration and operation.

    File e-forms with ROC and pay Govt. Fees and Stamp Duty

    Log in to the MCA portal, fill out the required e-forms, upload documents, pay government fees and stamp duty, and submit for ROC approval. Once approved, you’ll receive a registration acknowledgment.

    ROC issues Certificate of Incorporation

    Once the ROC approves the submitted e-forms, it issues the **Certificate of Incorporation**, officially confirming the company’s registration and legal existence.

    Benefits of Term Sheet

    Clarity and understanding

    All parties can have a shared knowledge of the terms and circumstances of a proposed transaction thanks to a term sheet, which offers a clear and simple explanation of those terms and conditions.

    Faster negotiation process

    The term sheet reduces the time and effort needed to finish the agreement by providing a starting point for the negotiating process and enabling the parties to swiftly agree on the key terms of the agreement.

    Reduced legal costs

    The term sheet can save time and money when preparing the final agreement by laying out the important terms and conditions of the transaction in an early document.

    Increased confidence

    Because it offers a clear understanding of the terms and circumstances of the business, a term sheet can boost the confidence of both parties.

    Deliverables of Term Sheet

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    Basic

    11900

    • Company Name Precheck
    • Certificate of Incorporation
    • 1 DSC & 1 DIN
    • PAN & TAN
    • eMOA & eAOA
    • (1 Indian Director, 1 Shareholder and Authorised Capital of Rs. 1,00,000)

    Premium

    29900

    • Company Name Precheck
    • Certificate of Incorporation
    • Commencement of Business
    • 1 DSC & 1 DIN
    • PAN & TAN
    • eMOA & eAOA
    • GST Registration
    • (1 Indian Director, 1 Shareholder and Authorised Capital of Rs. 1,00,000)

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    Frequently asked Questions

    In the context of venture capital investments, mergers and acquisitions, and other intricate business transactions, a term sheet is used to list the essential terms and conditions of a proposed business agreement or transaction.

     

    No, a term sheet does not constitute a binding contract. It functions as an initial document that lists the main terms and conditions of a proposed agreement; nevertheless, it does not legally bind the parties to carry out the transaction.

     

    Information on the investment amount, timeframe, rights and obligations of the parties, board representation, voting rights, liquidation preference, dividend policy, anti-dilution clauses, warrants, and exit plan should all be included in a term sheet. The nature of the transaction will determine the precise information contained in a term sheet.

     

    The intricacy of the transaction and the number of parties involved will determine how long it takes to prepare a term sheet. The term sheet's finalization could take a few days or many weeks.

     

    The investment bank, legal firm, or other expert participating in the transaction usually drafts the term sheet. The parties and the specifics of the transaction will determine who is responsible for what when it comes to creating the term sheet.

     

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