Company Evaluation

Company Evaluation Template for India

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Key Requirements PROMPT example:

"I need a Company Evaluation contract for my tech startup being valued for a Series B funding round, with specific provisions for intellectual property valuation and international investor requirements, to be completed by March 2025."

Document background

A Company Evaluation Contract is a crucial document used when a professional assessment of a company's value, assets, or operations is required. This agreement, governed by Indian law, is commonly utilized in scenarios such as mergers and acquisitions, investment decisions, regulatory compliance, or strategic planning. The document establishes the framework for conducting the evaluation, incorporating requirements from the Companies Act 2013, SEBI regulations, and other relevant Indian legislation. It details the rights and obligations of the evaluation firm and the target company, including access to information, confidentiality requirements, evaluation methodologies, and delivery timelines. The contract ensures that the evaluation process follows recognized Indian valuation standards while protecting the interests of all parties involved.

Suggested Sections

1. Parties: Identification of the evaluating firm and the company being evaluated, including their registered addresses and authorized representatives

2. Background: Context of the evaluation, including the company's business nature and purpose of the evaluation

3. Definitions: Key terms used in the agreement, including technical valuation terms and methodological definitions

4. Scope of Services: Detailed description of the evaluation services to be provided, including specific areas of assessment

5. Evaluation Methodology: Overview of the valuation approaches and methodologies to be employed

6. Information Requirements: Details of documents, data, and access required from the company for the evaluation

7. Deliverables: Description of the evaluation report format, contents, and any interim deliverables

8. Timeline: Project schedule including key milestones and delivery dates

9. Professional Fees: Fee structure, payment terms, and out-of-pocket expenses

10. Confidentiality: Obligations regarding confidential information and data protection

11. Representations and Warranties: Statements of fact and assurances from both parties

12. Limitation of Liability: Scope and extent of the evaluator's liability

13. Termination: Conditions and process for terminating the engagement

14. Governing Law and Jurisdiction: Applicable law and jurisdiction for dispute resolution

Optional Sections

1. Foreign Exchange Considerations: Required when the evaluation involves cross-border elements or foreign currency considerations

2. Industry-Specific Requirements: Additional terms specific to regulated industries or specialized sectors

3. Multiple Stakeholder Provisions: Required when multiple parties have interests in the evaluation results

4. Regulatory Compliance: Specific compliance requirements for regulated entities or special purpose evaluations

5. Force Majeure: Provisions for unforeseen circumstances affecting the evaluation process

6. Data Protection and Privacy: Enhanced privacy provisions when dealing with sensitive personal data or cross-border data transfers

Suggested Schedules

1. Schedule A - Document Checklist: Comprehensive list of required documents and information for the evaluation

2. Schedule B - Evaluation Methodology Details: Detailed description of valuation methods and their application

3. Schedule C - Fee Structure: Detailed breakdown of fees, payment milestones, and expense categories

4. Schedule D - Project Timeline: Detailed project schedule with specific dates and milestones

5. Schedule E - Team Composition: Details of the evaluation team members and their roles

6. Appendix 1 - Compliance Requirements: Specific regulatory or industry compliance requirements applicable to the evaluation

7. Appendix 2 - Report Format: Template or structure of the final evaluation report

8. Appendix 3 - Assumptions and Limitations: Standard assumptions and limitations applicable to the evaluation

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok��˰� | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Financial Services

Technology

Manufacturing

Real Estate

Healthcare

Retail

Energy

Infrastructure

Professional Services

Telecommunications

Automotive

Consumer Goods

Education

Agriculture

Mining

Relevant Teams

Finance

Legal

Corporate Development

Risk Management

Compliance

Internal Audit

Treasury

Corporate Strategy

Business Development

Mergers & Acquisitions

Executive Management

Board Secretariat

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Finance Director

Corporate Development Manager

Investment Analyst

Valuation Specialist

Due Diligence Manager

Merger & Acquisition Director

Business Development Manager

Risk Manager

Company Secretary

Legal Counsel

Compliance Officer

Financial Controller

Board Member

Audit Manager

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