Attorneys at Law Since 1964

Issue 26 – Insights 3

Issue 26 – Insights 3

Insights – It’s Raining Money

Key highlights of the start-up section in the FDI policy

  1. 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.
  2. 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.
  3. 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.
  4. Such investments shall also be subject to the extant FEMA regulations and FDI policy including sectoral caps.
  5. 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.
  6. 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.

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