Lawyers for Company Formation in India | Savlana Init

Corporate Legal · Company Formation

Lawyers for Company Formation — Legally Sound from Day One.

CA and legal assistance for company formation in India — MOA/AOA drafting, Founders Agreement, Shareholders Agreement, ESOP scheme, SPICe+ filing, and corporate legal advisory.

Company formation is not just a registration process — it is the creation of a legal structure that will govern your business, your relationship with co-founders, and your relationship with future investors for years to come. The documents drafted at formation — the MOA, AOA, Founders Agreement, and Shareholders Agreement — define ownership, decision-making authority, IP ownership, and exit rights. Poorly drafted or missing documents at formation are among the most common causes of founder disputes and investor due diligence failures.

Our legal and CA assistance for company formation covers the complete suite of documents required at incorporation. The MOA is drafted to reflect the precise business objects without being overly restrictive, ensuring the company can evolve without frequent amendments. The AOA is tailored to the governance needs of the founders and, where applicable, future investors. For multi-founder companies, we draft a Founders Agreement covering vesting schedules, IP assignment, non-compete clauses, and founder exit provisions. For companies raising capital, we assist with the Shareholders Agreement incorporating standard investor protections.

We also advise on and set up ESOP pools, convertible note terms for angel rounds, and the structure of preference shares for institutional investors. Our goal is to ensure that your company's legal documents are not just technically compliant but strategically sound — capable of supporting fundraising, hiring, and growth without needing to be rebuilt from scratch at the next funding round.

Our Legal Formation Services

MOA & AOA Drafting

Custom drafting of the Memorandum and Articles of Association — objects clause, capital structure, board governance, and transfer restrictions — tailored to your business and investor readiness.

Founders Agreement

Drafting of a comprehensive Founders Agreement covering equity vesting, IP assignment, non-compete, non-solicitation, founder exit provisions, and dispute resolution mechanisms.

Shareholders Agreement (SHA)

Drafting or review of Shareholders Agreement covering board rights, information rights, anti-dilution, ROFR, co-sale, drag-along, and liquidation preference for investor rounds.

ESOP Scheme Setup

Drafting of the ESOP scheme and trust deed, shareholder resolution, and Form SH-1 compliance for setting up an employee stock option pool at formation or pre-round.

SPICe+ Incorporation Filing

End-to-end SPICe+ filing with CA and legal-reviewed MOA and AOA, ensuring the incorporation documents are consistent with the SHA and Founders Agreement.

IP Assignment Agreement

Drafting of IP Assignment Agreements from founders and key employees to the company, ensuring all pre-existing IP is properly vested in the company before any investment.

Convertible Note / SAFE Advisory

Advisory on convertible note terms, valuation caps, discount rates, and MCA compliance for angel investment rounds prior to priced equity rounds.

Post-Incorporation Corporate Legal Advisory

Ongoing advisory on board resolutions, EGMs, rights issues, ESOP grants, and corporate law compliance as the company evolves and grows.

Our Process

Founder & Business Assessment

We understand the founding team composition, equity split, fundraising plans, and IP situation to plan the legal architecture of the company.

Document Drafting

MOA, AOA, Founders Agreement, IP Assignment Agreements, and (if applicable) ESOP scheme are drafted in parallel to ensure consistency across all documents.

Founder Review & Execution

All documents are reviewed by all founders, discussed, finalised, and executed. We address questions and negotiate specific provisions where founders have differing views.

SPICe+ Incorporation

The reviewed and executed MOA and AOA are filed via SPICe+ on MCA. Certificate of Incorporation with CIN, PAN, and TAN is obtained.

Post-Incorporation Setup

ESOP pool resolution is passed, share certificates are issued, statutory registers are set up, and the company is investor-ready from day one.

Why It Matters

✓Founder Agreement prevents equity disputes before they start

✓MOA objects clause avoids costly amendments as business evolves

✓IP assigned to company — investor due diligence passes cleanly

✓ESOP pool set up at formation — no dilution surprises at round

✓SHA drafted with standard investor protections built in

✓Convertible note / SAFE structuring for early angel rounds

✓CA and legal review ensures MOA/AOA and SHA are consistent

✓Investor-ready company from day one — no cleanup before round

Frequently Asked Questions

The primary legal documents for company formation are the Memorandum of Association (MOA), which defines the company's objects and authorised capital, and the Articles of Association (AOA), which governs the internal management and governance. For startups with multiple founders, a Founders Agreement or Shareholders Agreement is strongly recommended to address vesting, anti-dilution, drag-along and tag-along rights, exit provisions, and dispute resolution.

A Founders Agreement is a contract between co-founders that governs their relationship, roles, equity ownership, vesting schedule, IP assignment, non-compete and non-solicitation obligations, and what happens if a founder exits. Without a Founders Agreement, a departing founder can retain their equity with no vesting, which can make the company unattractive to investors. A well-drafted Founders Agreement is one of the most important documents for any multi-founder startup.

A Shareholders Agreement (SHA) is a contract between the shareholders of a company that governs their rights and obligations beyond what is covered in the AOA. It is typically required when bringing in an investor (angel, VC, PE) and covers rights such as board representation, information rights, anti-dilution protection, right of first refusal, co-sale rights, drag-along rights, and liquidation preference. The SHA and the AOA together form the governance framework of the company.

The Memorandum of Association (MOA) is the charter document of a company that defines its name, registered state, business objects, and authorised capital. It governs the company's relationship with the outside world. The Articles of Association (AOA) is the internal rulebook — it governs how the company is managed, how board and shareholder meetings are conducted, how shares are transferred, and how directors are appointed and removed.

Yes. The objects clause of the MOA can be amended by passing a special resolution of shareholders and filing Form MGT-14 with the MCA. The authorised capital in the MOA can be increased by passing an ordinary resolution and filing Form SH-7. However, the registered state cannot be changed without following a prescribed process involving the Regional Director or NCLT.

An Employee Stock Option Plan (ESOP) pool is a portion of the company's authorised share capital reserved for issue to employees as stock options. It is set up by creating an ESOP scheme under the Companies (Share Capital and Debentures) Rules, 2014, approved by a special resolution of shareholders. The scheme covers the number of options, vesting schedule, exercise price, and transfer restrictions. Setting up an ESOP pool correctly at an early stage is important to avoid complications during investor due diligence.

Need legal assistance for company formation?

We draft investor-ready MOA/AOA, Founders Agreements, Shareholders Agreements, and ESOP schemes — so your company is built on a solid legal foundation from the very first day.