Issue 26 – Insights 3
Insights – It’s Raining Money
Key highlights of the start-up section in the FDI policy
- Start-ups shall be allowed to raise up to 100 percent funding from Foreign Venture Capital Investor (FVCI). Such FVCI should be registered with SEBI.
- Such SEBI registered FVCI can invest up to 100% capital of an Indian company (including start-ups) engaged in any activity mentioned in Schedule 6 of Notification No. FEMA 20/2000, irrespective of the sector in which it is engaged, under the automatic route.
- A SEBI registered FVCI can invest in a domestic venture capital fund registered under the SEBI (Venture Capital Fund) Regulations, 1996 or a Category- I Alternative Investment Fund registered under the SEBI (Alternative Investment Fund) Regulations, 2012.
- Such investments shall also be subject to the extant FEMA regulations and FDI policy including sectoral caps.
- The investment can be made in equities or equity linked instruments or debt instruments issued by the company (including start-up Private companies, start-up LLPs and start-up partnership firm(s), the investment can be made in the capital or through any profit-sharing arrangement) or units issued by a VCF or by a Category-I Alternative investment fund(AIF) either through purchase by private arrangement either from the issuer of the security or from any other person holding the security or on a recognised stock exchange.
- It may also set up a domestic asset management company to manage its investments. SEBI registered FVCIs are also allowed to invest under the FDI Scheme, as non-resident entities, in other companies, subject to FDI Policy and FEMA regulations.