Shareholder Agreements in India : an unsettled jurisprudence

Jha, Nemika and Khanna, Vikramaditya S. (2024) Shareholder Agreements in India : an unsettled jurisprudence. In: Foundations of Indian Contract Law. Oxford University Press, pp. 478-499. ISBN 9780191997211

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Abstract

This chapter examines the unsettled jurisprudence relating to shareholder agreements (SAs) in India. India has also witnessed a rise in SAs, particularly with foreign private equity players, which reflects a level of sophistication and formality in contract negotiations that was not always present when such agreements were between family or affinity groups. This has placed increasing pressure on Indian case law to evolve in response to these agreements. The chapter explains that greater conceptualization of the concerns at play would facilitate the development of a less confusing jurisprudence that would inure to the benefit of all. It discusses the policy concerns, state of Indian law on SAs, and the proposal of the Securities and Exchange Board of India to require disclosure of certain agreements.

Item Type: Book Section
Keywords: shareholder agreements | India, foreign private equity | contract negotiations | Indian case law | policy | SEBI
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Luckey Pathan
Date Deposited: 12 Aug 2025 10:49
Last Modified: 12 Aug 2025 10:49
Official URL: https://doi.org/10.1093/9780191997211.003.0022
URI: https://pure.jgu.edu.in/id/eprint/9958

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