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Is convertible note a security in India?

At the time of issuing such a convertible note, it is structured as a debt instrument, but unlike a loan, where the loaner must pay interest, the investor gets the right to buy equity at a future investment round at a price agreed upon in the agreement between the parties.

Are convertible notes secured or unsecured?

In early-stage technology companies, convertible notes are usually (but not always) unsecured, meaning the investor does not have a claim on any company assets if the loan is not paid back. With secured convertible notes, investors have rights over business assets if the note cannot be paid back.

Is a convertible note a traditional security?

Before its conversion, the convertible note was a traditional security. That is, a debt security not issued at a substantial discount to face value, and without deferred income features such as indexation of invested capital. After conversion, the shares into which the note converts are ordinary shares of a company.

What is the safe note in India?

iSAFE (India SAFE) is an adaptation of the SAFE (Simple Agreement For Future Equity) document. Commonly used for seed-stage funding, they allow startups to raise funds quickly without valuation complexity.

How do you structure a convertible note?

Structuring a convertible note requires careful consideration of key elements. Typically, convertible notes feature the principal amount, interest rate, maturity date, and conversion terms. The conversion discount and valuation cap are crucial components influencing the conversion of the note into equity.

Are convertible notes considered securities?

Since convertible notes are securities, they must be registered, or qualify for an exemption from registration, under the Securities Act.

Can an LLC issue a convertible note?

Yes, you can issue convertible notes for LLCs, but this approach is rare. Transferring equity to the issuer of a convertible note once the convertible note matures is more complex in such cases, and the process must be laid out in the LLCs operating agreement.

What are the pro rata rights of a convertible note?

Pro-rata right is the right for the investor to participate in the qualified financing, by buying additional equity with additional cash upon the terms of the qualified financing, up to an amount that when taken together with the equity converted from the convertible notes, will result in the investor maintaining the

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Join photo in the Convertible Note Agreement Template

Join photo in Convertible Note Agreement Template easy with DocHub.

How to join photo in Convertible Note Agreement Template without breaking a sweat:

PDF editing simplified with DocHub

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