Madhavan Srivatsan is a corporate lawyer based out of New Delhi, India practising Indian corporate laws. Madhavan completed his LLB from Campus Law Centre, Delhi University in the year 2001 and since then, has gained considerable experience in corporate laws as well as in litigation. Presently, Madhavan is focusing on limited areas of corporate laws such as M&A, Joint Venture, Private Equity and Corporate Advisory. For litigation related matters, Madhavan has tied up with one of his ex-colleague, Puneet Singh Bindra, who is an Advocate-On-Record, Supreme Court Of India.
Law Office of Madhavan Srivatsan is a “boutique” law office set up by Madhavan Srivatsan providing corporate legal services in Mergers & Acquisitions, Private Equity, Joint Venture, Commercial Contracts and General Corporate Advisory.
Prior to setting up his boutique law office, Madhavan was a partner with one of the prominent and leading corporate law firm in India and has gained expertise in various aspects of corporate laws. In addition, Madhavan has also worked in the office of a senior advocate in litigation practice and worked as in-house lawyer. After having worked in different verticals, Madhavan has now set up his own “boutique” law office offering corporate legal services in select and limited areas of corporate law.
The main aim and goal with which, Madhavan has started his “boutique” corporate law office is to provide quality legal services to select clients in limited domain, wherein he is able to devote his quality time and attention to every assignment. Accordingly, Madhavan has been working on select and limited assignments at a “cost effective” model.
Presently, Madhavan has been advising various start-up entrepreneurs in legal aspects of initial fund raising as well as mid-sized companies (and their promoters) in raising private equity. In addition, Madhavan is also acting for various corporates offering them legal advisory on mergers & acquisitions, joint ventures, general corporate advisory as well helping them with various commercial contracts in the field of renewable energy, education, consumer goods, trading and merchandise, healthcare, sports law etc.
Madhavan also takes up limited speaking assignment for “start-up” community as well as few select forums on subject ranging from “drafting and negotiation, “mergers & acquisitions” and “joint ventures”.
Angad Singh Dhindsa, in short, “Angad”—this was something which we often spoke…you are part and parcel of this and let’s see how far we go from here. Now, you better start doing what you had always wanted to…. Steering this in the direction you want to….”.
As a part of Mergers & Acquisitions and Joint Venture practice area, Madhavan is involved right from the stage of term sheet drafting, structuring of the deal, drafting and negotiation of documents (Investment Agreements, Shareholders Agreements, Business Transfer Agreements etc.) and closing of the deal. In his previous experience, Madhavan has been involved in M&A deals in sectors across telecom, mining, food, engineering plastics, renewable energy, paper manufacturing, power, pharmaceuticals etc.
Presently, with his experience, he has been regularly advising promoters and companies intending to either acquire certain stake in target or join hands with a strategic partner. With the changes in the Companies Act as well changes in the economic situation of India, it is often necessary to be abreast and familiar with latest developments in law and commercial aspects. In M&A and Joint Venture deals, more often, it is the experience and knowledge of commercial aspects which makes a difference in negotiations and drafting of documents. Having worked with multiple corporates and promoters across various industry verticals, Madhavan is able to add value to his clients in making them understand the finer aspects of commercial points as well protect their interest by ensuring that their commercial intent is captured in legal language. However, as the “wish list” of the promoters can be endless, Madhavan also at times, advises the promoters on fairness of their “wish-list” to ensure that the deal does not get struck without compromising the delicate and sensitive interest of the promoter. This requires a fine balancing act between “take away points” and “give away points”, which can only take place if the facts are correctly understood. Accordingly, Madhavan makes it a point to spend enough time with the promoter and senior management in understanding their commercial interest before entering the negotiation table.
As part of Private Equity practice area, Madhavan is involved right from the stage of term sheet drafting, structuring of the deal, drafting and negotiation of documents and closing of the deal. In his previous experience, Madhavan was involved in structuring, drafting, negotiating and finalizing the term sheets, subscription and shareholder agreements and conducting diligence on the target entity. The deals involving foreign investments in India required advising on Foreign Direct Investment (FDI) in India policies from time to time. Further, the deals were in sectors across telecom, hospitality, infrastructure, agriculture and agricultural machineries, education, consumer goods, etc. The work also involved advising on; resolving key issues identified during diligence, nature of instruments to be subscribed as per FEMA laws, protection by way of warranties and indemnities, issues with respect to convertible instruments, shareholders rights, minority protection and anti-dilution, exit rights etc. Madhavan has been on the team advising target company and promoters as well as advising private equity funds and thus has considerable insight of structuring, rights and obligations etc.
Presently, with his experience in this area of practice, Madhavan has been advising start-up founders, entrepreneurs as well as promoters of mid-sized corporates raising private equity either for the first time or doing a second or subsequent round. Private equity deals, at times can be little tricky or complicated with conversion rights, minority protection rights, exit rights, affirmative rights, board seats etc. in favour of the investor. A thorough understanding of the commercial intent and aspects behind these various complicated and tricky rights is quite necessary and helpful in advising promoters and founders who, at times, do not have much insight of the same. Madhavan, with his past experience, tries to hand-hold the promoters/founders in making them understand the intricacies of these rights as well other terms and conditions so that they can take an informed decision about the same as well are aware of what they are stepping into. It helps these promoters/founders in understanding as to what is expected of them in the future once they decide to join hands with the investors.
Some of the corporate entities executing commercial contracts such as vendor agreements, service agreements, key employment agreements, logistics contracts, sale and purchase agreement, etc. do not give much attention on the legal aspects of these contracts and end up creating certain adverse position for themselves. These agreements are the backbone of any corporate and should be given serious attention. Today, substantial part of corporate litigation is connected with these agreements and one of grounds of court decision is also based on the language and drafting of the contracts.In his previous experience, Madhavan has been involved in drafting, review, and finalizing of complicated contracts in the nature of logistic contracts, technical collaboration contracts, BOOT agreements, project financing agreements, service provider agreements, agency agreements, brand licensing agreements, etc. Presently, as part of advising and drafting of commercial contracts, Madhavan assists corporates in drafting and finalizing of their day-to-day commercial contracts.
In his previous experience, Madhavan has been involved in advising clients in issues related to; alleged violation of Foreign Exchange Laws with respect to retail trading, notices received from Registrar of Companies for alleged violation under Companies Act, employment issues with respect to senior management, issues related to Related Party Contracts under the Companies Act, advising senior management, board of directors and promoters of the client entity on day to day regular business affairs with respect to employment issues, FEMA and foreign investment in India and overseas, foreign investment in retail trading, corporate secretarial matters, vendor disputes, assisting litigation team on strategizing certain corporate litigation/dispute related matters etc. The clients were engaged in auto component industry, power sector, retail trading, telecom, mining, consumer goods, industrial goods, heavy machineries etc.
Presently, Madhavan is involved in advising senior management, board of directors and promoters of the client entity on day-to-day regular business affairs with respect to legal aspects of re-structuring of business, employment issues, companies act, commercial disputes, vendor disputes, assisting litigation team on strategizing certain corporate litigation/dispute related matters etc.
I shall be, very soon, giving regular updates on certain finer aspects of law based upon my practical experience. I intend to make an endeavour in sharing knowledge purely based upon my practical knowledge which may be helpful to few or many. If I am able to create a difference by adding value to the knowledge-base of even one person, I shall feel blessed.