When funds are received by an Indian entity/Company for the purpose of carrying out its operations, there are lot of funding compliances which need to be ensured in order to execute the transaction.
The first thing that needs to be determined is that whether the funds are to be treated as Share Capital, Debt or Convertibles. Choosing which form is best for your Company totally depends on the structure and future plans of the entity. The compliances also differ in each of the cases and need to be analysed in terms of the cost and time involved.
For instance, if a Company receives funding in the form of Share Capital, it has to a give a part of equity to its investors in exchange, by allotment of shares. There are various methods through which such share allotment can be carried out. But, one has to ascertain which method to opt for, considering the type of investor and the cost for the compliance.Whether the inflow of funds is domestic or foreign and whether you want to treat the same as Capital, Debt or Convertibles, LegalBiz can help you with all required Funding Compliances.
Our experts at LegalBiz provide complete advisory on the treatment of funds to be infused from all perspectives.