Question
Your client, Piguet Equity Pvt Ltd, ( Investor ) is a foreign venture capital fund registered in India. They wish to make an investment by
Your client, Piguet Equity Pvt Ltd, ("Investor") is a foreign venture capital fund registered in India. They wish to make an investment by way of a fresh issue of shares into Blues Pvt Ltd, ("Company") a company registered in India. In the course of their negotiations, the Investor suggests that they insert a clause into the SHA providing for information rights given to the Investor. Specifically, that the Company will provide the Investor with updated books of accounts on a monthly basis. The Company instead argues that the provisions of the Companies Act 2013, in India, only requires the Company to prepare books of accounts on an annual basis and therefore, this clause cannot be put in. The Investor seeks your advice as to whether the SHA can contain a clause providing for the preparation of books of accounts on a monthly basis.
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