Consulting Agreement with payback clause Consulting Agreement with payback clause

4 years ago

Hello,

I had joined a company to help them build a new division on a consulting agreement 7 months back. The agreement is for 3 years. The business did not pick up as expected and there is a huge pressure from the investor for returns, as he is only looking at monthly returns and not ready to wait for the business to pick up. As per the agreement, if I quit in the middle, I have to pay back all the amount he has invested till date. The current investment has been utilized towards salaries and office expenses. The total amount invested till date would be around 20L

I would like to quit and would like to understand if there is any way that I can fight against the amount to be repaid. If nothing works, I am willing to pay the amount paid towards my salary back. We have put in efforts but the business has not picked up as expected. Please suggest a way out.

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
There will be so many issues you can raise. Please come to my office and share or online.
Thanks.
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Shreyash Mohta

Responded 4 years ago

A.Do get your agreement reviewed by a good lawyer and make him form an opinion for the same.
There are cases whereby such provisions make it binding to pay the money back. It is very much important to look into these small provisions so that do not become a pestering factor at a later stage.
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Abhimanyu Shandilya

Responded 4 years ago

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A.I would suggest that you revisit your agreement and see what are the liabilities that you agreed for while executing the agreement. If it says that yo have to return the money if the business does not pick up then you will have to return the money. Also you have to figure out that you joined the company at what level and for what reason or authorities. If you joined as an employee then you do not have to worry but if you joined as one of the founders or shareholders then you may have a financial accountability towards the investor. Get your agreement vetted by a lawyer and then take an informed decision to act on.
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