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An Underwriting Agreement is a legal contract signed between a company issuing new securities and an underwriter who agrees to purchase or guarantee the unsold shares. It defines the rights and responsibilities of both parties, the size of the issue, the commission or fee for the underwriter, and the terms of sale to the public. Such agreements protect the company by ensuring minimum subscription, while the underwriter takes on the risk of selling the securities in the market.
An Underwriting Agreement provides financial security to companies raising capital through public issues. It assures the issuer that a certain number of securities will be subscribed, even if public response is low.
This agreement also helps in clearly defining the obligations of the underwriter, the pricing of securities, and timelines for payment. For investors and regulators, it shows transparency and professional handling of the issue, thereby building trust and credibility in the capital market.
Ebizfiling offers expert legal drafting of Underwriting Agreements tailored to your business needs. Our team of advocates ensures that all important clauses such as underwriter obligations, commission, pricing, and settlement dates are carefully included to protect your interest. With clear pricing and professional support, we make the agreement drafting process smooth and reliable. We have expertise in Share Transfer & Transmission and MOA/AOA Printing Services. For assistance with drafting your Underwriting Agreement, contact us at 9643 203 209 or email us at info@ebizfiling.com.
Helps companies raise funds with certainty during public offerings.
Defines the responsibilities of the issuer and the underwriter in the issue.
Maintains balance in the securities market by covering unsold shares.
Transfers part of the financial burden from the company to the underwriter.
Provides professional handling of the issue through experienced underwriters.
Builds credibility and confidence among investors in the capital market.
Guarantees the company a fixed subscription even if public demand is low.
Allows companies to focus on core operations while the issue is managed.
Certificate of Incorporation
Memorandum of Association (MOA) and Articles of Association (AOA)
Board Resolution approving the agreement
Details of securities to be issued
Financial Statements of the company
Identity Proof of Directors and Underwriters
Address Proof of Directors and Underwriters
PAN Card of the Company and Underwriters
Mentions the total number of securities, offer price, and the method of pricing agreed upon.
Specifies the percentage or fee payable to the underwriter for taking the risk of the issue.
Defines the responsibility of the underwriter to purchase or guarantee the unsold securities.
Provides conditions under which either party can terminate the agreement before completion.
Sets the deadlines within which the underwriter must subscribe to the securities.
State the timeline and procedure for settlement of accounts and payment of dues.
A Firm Commitment Underwriting is when the underwriter agrees to purchase the entire issue, taking full risk of any unsold securities.
In a Best Efforts Underwriting, the underwriter only promises to sell as many securities as possible without guaranteeing full subscription.
An All-or-None Underwriting requires that the entire issue be sold; otherwise, the agreement stands cancelled.
Under a Syndicate Underwriting, multiple underwriters join together to share the risk and responsibility of the issue.
A Standby Underwriting is used in rights issues where the underwriter agrees to purchase the portion left unsubscribed by existing shareholders.
Growing startups planning IPOs may need underwriting support for subscription.
Foreign investors participating in Indian issues benefit from underwriting security.
Businesses raising funds through public issues require an underwriting agreement.
Financial institutions managing securities issues often act as underwriters.
Requirement Analysis
Draft Preparation
Clause Finalization
Legal Review
Agreement Execution
Understands your business needs and issue requirements.
Drafts a customized Underwriting Agreement with accurate clauses.
Ensures compliance with Indian securities and corporate laws.
Defines underwriter’s obligations, commission, and payment terms.
Reviews the draft legally to safeguard your company’s interest.
Provides end-to-end support until the agreement is executed.
Offers transparent pricing and quick turnaround time.
Dedicated assistance available at 09643203209 or info@ebizfiling.com.
It is a legal contract between a company issuing securities and an underwriter who agrees to purchase or guarantee unsold shares.
It ensures minimum subscription of securities and reduces the risk of failure in a public issue.
The issuer company and the underwriter, which may be an investment bank, financial institution, or broker.
Yes, most IPOs require an underwriting agreement to secure investor confidence and meet regulatory norms.
They include obligations of the underwriter, commission, pricing, issue size, termination rights, and settlement terms.
It is when the underwriter agrees to buy the entire issue, taking full risk of unsold securities.
In this, the underwriter only promises to sell as many securities as possible but does not guarantee full subscription.
The issue succeeds only if all securities are sold; otherwise, it gets cancelled.
It is used in rights issues, where the underwriter buys shares left unsubscribed by existing shareholders.
The underwriter earns a commission or fee, usually a percentage of the issue size.
Banks, financial institutions, stockbrokers, and SEBI-registered intermediaries can act as underwriters.
The main risk is being unable to sell securities in the market, which may cause financial loss.
The company is assured of raising funds and gets professional support in managing the issue.
Yes, through syndicate underwriting, where risk and responsibility are divided.
Underwriting involves guaranteeing subscription of securities, while brokerage is just assisting in their sale.
Documents include MOA, AOA, board resolution, financial statements, identity and address proof of directors and underwriters.
Yes, startups planning to raise capital through public or rights issues may use underwriting agreements.
Yes, underwriters in India must be registered with SEBI and agreements must comply with SEBI guidelines.
With professional help, it can be drafted within a few working days depending on the complexity.
Ebizfiling offers expert legal drafting, transparent pricing, compliance with Indian laws, and personalized support at +91 9643 203 209 or info@ebizfiling.com.
Get your Underwriting Agreement drafted in India starting at just ₹ 2999/- only.
Trusted by businesses and startups across India for expert legal drafting of underwriting contracts.
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