Underwriting agreement

Underwriting agreement
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About this document

An underwriting agreement is a statutory necessity for Companies who have decided to increase their share capital by the issue of equity share. It is mandatory for the Company to file this agreement with the prospectus of public issue of shares/debentures with the Registrar of Companies.

This is an agreement between the Company and the underwriter, whereby the Company agrees to allot the number of shares to the underwriter, as agreed to be underwritten by him and the underwriter undertakes to subscribe to the securities of the Company when the existing shareholders of the Company or the public do not subscribe to the Securities offered to them.

It is suitable for use by either:

  • A Public Limited Company arranging terms with an Underwriter who is eligible under the SEBI Act, 1992;
  • A Share broker, merchant banker / underwriting firm in an arrangement for subscription to the public issue of a Public Limited Company.

Application and features

  • Detailed explanatory notes included;
  • Fully compliant with Indian company law;
  • Protects the interests of both the parties.


  • Warranties and representations of Company and Underwriter;
  • Commission and payment terms;
  • Allotment of shares;
  • Sub-underwriting;
  • Schedule of compliance;
  • Duration and termination;
  • Time as essence;
  • Dispute Resolution;
  • Other provisions to protect your interests.

This document has been drawn by Rakesh Taneja, unconnected with Net Lawman. Rakesh Taneja will welcome your contact for further legal help. There may be a charge for Rakesh Taneja services.

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