Startup Legal Services Overview: Jotwani Associates

Jotwani Associates offers comprehensive legal support tailored to the unique needs of startups, from initial ideation and incorporation through scaling, funding rounds, and eventual exit. Our goal is to provide proactive, strategic legal counsel that mitigates risk and positions your company for sustainable growth.

Core Legal, Financial, IPR Services for Startups

1. Business Formation and Structuring

Choosing the right legal structure is foundational to a startup’s success. We guide founders through the process of selecting and establishing the appropriate entity.

Key Services:

  • Entity Selection: Advising on the pros and cons of Private Limited Company, Limited Liability Partnership (LLP), Sole Proprietorship, and other structures based on liability, compliance burden, and fundraising goals.
  • Incorporation: Drafting and filing all necessary documentation for company registration (e.g., Memorandum of Association (MoA), Articles of Association (AoA)).
  • Founder Agreements: Developing robust agreements that define equity splits, vesting schedules, intellectual property assignment, roles, responsibilities, and dispute resolution mechanisms.
  • Regulatory Compliance: Assisting with initial registrations, including Permanent Account Number (PAN), Tax Deduction and Collection Account Number (TAN), Goods and Services Tax (GST) registration, and compliance with the Companies Act.

2. Fundraising and Investment

Navigating seed, angel, and venture capital funding rounds requires meticulous legal execution. We represent startups in negotiations and documentation, ensuring compliance and favorable terms.

Key Services:

  • Due Diligence: Preparing the company for investor due diligence (legal audit).
  • Term Sheet Negotiation: Advising on key terms like valuation, liquidation preferences, anti-dilution rights, and board composition.
  • Drafting Investment Documents: Preparing and reviewing definitive agreements, including Share Subscription Agreements (SSA), Shareholders’ Agreements (SHA), and Convertible Notes.
  • Compliance Filings: Ensuring all requisite statutory filings with the Registrar of Companies (RoC) and compliance with foreign exchange regulations (FEMA) for foreign investment.
  • Employee Stock Option Plans (ESOPs): Structuring, drafting, and implementing effective ESOP schemes to attract and retain talent.

3. Intellectual Property (IP) Protection

For many startups, IP is the most valuable asset. We help identify, protect, and commercialise these critical innovations.

Key Services:

  • Patent Protection:  Protect your ideas and Innovations to increase valuation and get competitive advantage in the market. 
  • Trademark Registration: Conducting searches, filing, and prosecuting applications for brand names, logos, and slogans.
  • Copyright Protection: Registering and protecting original content, software code, and creative works.
  • IP Strategy: Developing a comprehensive IP strategy that aligns with the business plan.
  • Licensing and Assignment: Drafting and negotiating agreements for the transfer or licensing of IP rights.
  • Trade Secret Protection: Implementing internal policies and agreements (e.g., Non-Disclosure Agreements) to safeguard proprietary information.

4. Commercial Contracts and Agreements

Efficient and legally sound commercial agreements are essential for daily operations and business relationships.

Key Services:

  • Customer/Client Contracts: Drafting standard terms of service, privacy policies, and end-user license agreements (EULAs).
  • Vendor and Supplier Agreements: Negotiating and drafting contracts for procurement and service delivery.
  • Partnerships and Joint Ventures: Structuring and documenting strategic alliances.
  • Website and App Agreements: Ensuring legal compliance for online platforms, including disclaimers and compliance with IT Act regulations.

5. Employment and HR Law

We provide guidance on managing the employer-employee relationship, minimizing disputes, and ensuring workplace compliance.

Key Services:

  • Employment Contracts: Drafting offer letters and employment agreements for key personnel and general staff.
  • HR Policies: Developing and reviewing internal policies, including those related to sexual harassment (POSH Act compliance), data privacy, and disciplinary procedures.
  • Non-Compete and Non-Solicitation: Drafting clauses to protect business interests upon employee departure.
  • Termination and Severance: Advising on legally sound procedures for employee terminations and lay-offs.

6. Data Privacy and Technology Law

In the digital economy, compliance with evolving data protection laws is mandatory.

Key Services:

  • Privacy Policy Compliance: Drafting and updating policies to comply with relevant statutes (e.g., IT Act, potential Digital Personal Data Protection Act).
  • Data Security Agreements: Ensuring adequate data protection clauses in vendor and client contracts.
  • Cross-Border Data Transfer: Advising on legal requirements for international data handling.

7. Regulatory Compliance and Corporate Governance

As startups scale, the burden of corporate compliance increases. We act as an outsourced compliance partner to ensure all legal obligations are met.

Key Services:

  • Secretarial Compliance: Managing and filing all periodic and event-based documents with the RoC (e.g., annual returns, change in directorships).
  • Board and Shareholder Resolutions: Drafting minutes and resolutions for board meetings and general meetings.
  • Statutory Register Maintenance: Ensuring all required registers are accurately maintained.
  • Regulatory Filings: Handling compliance specific to the startup’s industry sector.