Consent & Risk Disclosure Terms
- I hereby consent to become a Partner in the LLP created for investment in SPV listed on LegalPay Platform (www.legalpay.in) after acknowledging the risks involved in investing in opportunities.
- I, being a prospective partner in the Special Purpose Vehicle (SPV), understand and accept that there are following risks involved while transacting on the LegalPay Platform:
- Unfavourable Outcome of Underlying Disputes/Cases: Certain disputes (litigation/arbitration cases) in the portfolio of cases that LLP decides to provide case management services might not result into a favourable outcome for the claimant/litigant/plaintiff, thereby negatively affecting the LLP’s returns.
- Overdue Payment: There might arise a delay in payment and/ or execution of the favourable decree/ award.
- Bankruptcy: The Funded Party might declare itself as bankrupt/ insolvent or any insolvency proceedings against the claimant/litigant/plaintiff might be initiated.
- Dispute: There might arise disputes between LegalPay, the LLP and the claimant/litigant/plaintiff (involved in the litigation/ arbitration that LegalPay has financed), regarding the quantum and recovery of LLP’s share out of the eventual decree/award that might be passed by the judicial forums in favour of the claimant/litigant/plaintiff. There might also arise a dispute between LegalPay, the LLP and the claimant/litigant/plaintiff with respect to any of the other obligations that are entered into while entering into litigation financing arrangements.
- Fraud Risk: Fraudulent act involving the claimant/litigant/plaintiff might occur, leading to failure in payment of the LegalPay’s (and consequently, the LLP’s) share out of the decretal/award amount.
- I understand that LegalPay Technology Private Limited (“LegalPay”) is neither a stock exchange, as recognised by the Securities and Exchange Board of India under the Securities Contract (Regulation) Act, 1956 nor an NBFC, as recognised by Reserve Bank of India. The LegalPay Platform is not a fundraising platform. LLP solely finances the disputes of the litigants/claimants/plaintiff in lieu of a share of their decree/ award value, and the LegalPay Platform only facilitates prospective partners to collaborate and finance the portfolio of cases prepared by LegalPay, in expectation of higher return from their investment. No securities are offered by the LLP incorporated by the prospective partners through the Platform.
- I accept all the risks involved in investment made in the SPV as well as in the management of the SPV, and I agree to not hold LegalPay responsible for delays, defaults, frauds or other risks in relation to the management of the SPV under any circumstances whatsoever.
- I acknowledge and understand that LegalPay does not undertake or guarantee the outcome of the specific disputes in the portfolio of cases managed by the LLP; and does not promise any assured returns or provides any security/undertakings to me pertaining to any portfolio of cases listed on the LegalPay Platform.
I hereby consent to proceed with the investment bearing these risks in mind. Hence, a final decision to invest in this Litigation Finance SPV with the other partners is mine, and I understand all risks mentioned above.