This document discusses foreign investment in India, including different types like foreign direct investment (FDI), foreign institutional investors (FII), and foreign venture capital investors (FCVI). It provides background on India's economy and reforms welcoming foreign capital. FDI brings new technologies and skills while FIIs invest large amounts in securities and properties. FCVIs help promote innovation by providing needed capital. The document outlines policies, regulations and benefits to attract each type of foreign investor. It explains how FCVIs can set up funds to invest in Indian venture capital undertakings and notes India's advantages for foreign investors like its large market, skilled workforce and democratic environment.
2. Brief Background
Planned Economy / License Raj from 1947 –
1990
Planning Commission administers the economy
Balance of payment crises in 1980’s
IMF bail out, Gold transferred to London as
bailout
Economic reforms introduced in 1991
4. Foreign Direct Investment
Plays an extraordinary and growing role in global
business.
Provide a source of new technologies, skills and
capital
Provide a strong impetus to economic
development.
5. Definition
Is defined as a company from one country
making a physical investment into building a
factory in another country.
6. How Has FDI Changed in the Past
Decade
In developing countries, the FDI inflow has been
increased from average of < $ 10 bio in 1970s to
< $20 bio in 1980s to explode in 1990s from $
26.7 billion to $179 billion in 1998 & $208 bio in
1999 and to $1604 in year 2011
7. Advantage of FDI
Is necessary for creation of jobs,
Is expansion of existing manufacturing industries.
Play vital role in the healthcare, education, R&D,
infrastructure, retailing and in long-term financial
projects.
8. Policy makers
Policy makers should design policies where foreign
investment can be utilized
as means of enhancing domestic production, savings,
and exports;
as medium of technological learning and technology
diffusion
and also in providing access to the external market.
Most importantly the policy makers should ensure
optimum utilisation of funds and timely
implementation of projects.
9. Awakening India
Indian government while pursuing prudent policies
must also exercise strict control over inefficient
bureaucracy, red - tapism, and the rampant
corruption, so that investor’s confidence can be
maintained for attracting more FDI inflows to India.
India needs a business environment which is
conducive to the needs of business.
India require to have efficient and transparent official
procedures, rules and regulations, clearance, and
opportunities in India.
10. Awakening India
this can be achieved only if India implements its
second generation reforms in totality and in right
direction.
But if Indian government improves from past
mistakes during implementation of 3rd generation
economic reforms, then no doubt India will be
favourable FDI destination in the world.
This change will show rest of the world, we can
achieve what is predicted by Goldman Sachs
that from 2007 to 2020, India’s GDP per capita in
US$ terms will quadruple and the Indian economy
will overtake France and Italy by 2020, Germany,
UK and Russia by 2025,Japan by 2035 and US
by 2043.
11. FII & FDI
FDI Allowed through FII
Private Equity, Preferential Allotment, Joint
Ventures, Capital Market Operations
FII Allowed - Insurance and Banking
100% FDI Allowed - Infra – Bridges & Tunnels
FDI NOT Allowed – Arms, Railways, Coal,
Nuclear, Mining.
12. Foreign Institutional Investors
Pool large amounts and invest in securities,
property, etc
Banks, Insurance companies, Retirement or
Pension Funds, Hedge Funds, Investment
Advisors and Mutual Funds
FII activity has been on a constant rise
Focus on BRIC countries (Brazil, Russia, India
and China)
13. FII Figures
In 2010, net foreign inflows was US$30 billion
FY 2000 – 2011 - FDI inflow - US$ 197,935
million Yearly Increase - 43%
January – July 2011, US$3.82 billion - Investment
in Shares and Bonds
US$5.84 billion - Investment in Equities and Debt
securities
As of July 2011, Total registered FIIs -1730
14. FII in India
Largest pool of Highly Educated People
Lack of Infrastructure – Slow Development
Bureaucratic Hurdles – Red Tape
When Markets slide – FII withdraw – Market
affected further
15. Foreign Venture Capital Investor
(FVCI)
Investor incorporated established outside India
Invest in venture capital funds (IVCF) or venture
capital undertakings (IVCU)
Registered under SEBI FVCI regulation
It’s a categorized under Private Equity
16. Indian venture capital fund (IVCF)
A fund established in the form of a trust or a
company
Registered with SEBI under SEBI regulation act
for VCF
Had dedicated pool of capital raised in manner
specified in regulations and which invests in VCU
17. Indian venture capital undertaking
(IVCU)
Has set up in India [India incorporated]
Shares are not listed on a recognized stock
exchange in India
Which is not engaged in an activity specified under
the negative list specified by the SEBI
A new born private company which is yet to establish
itself and is in need of funds and experienced advice
and support
18. Why does INDIA Need FCVI
Promote innovation and new enterprises
Potential to grow in IT, bio technology,
pharmaceuticals, etc.
Need for Capital Investment
Conventional lenders choose to invest in Low risk
business and are also short on reserves
19. Policy
Can contribute up to 100% of the capital of an
Indian Venture Capital Undertaking
Can set up a domestic asset management
company to manage the fund.
Investments can be made under automatic route
as per FEMA regulation act
SEBI registered FVCI can also invest in domestic
venture capital fund registered under the SEBI
Regulations
20. Regulatory framework
A SEBI registered FCVI having approval from RBI
under FEMA regulation can invest in IVCU or in
schemes floated by IVCF
Can purchase equity / equity linked instruments /
debt / debt instruments, debentures of an IVCU or
of a IVCF
The purchase / sale of shares, debentures and
units can be at a price that is mutually acceptable
to the buyer and the seller.
21. Benefits
Exemption from pricing norms at the time of entry
as well as exit
Exemption from lock-in period requirements when
the investee company goes public. FVCIs are
thus effectively allowed to exit investment,
immediately on listing of the investee company
Exemption from Takeover Code in respect of
shares sold by the FVCI to the promoters of the
company, after the company goes public
22. How FCVI operates in India
Foreign investor sets up offshore fund
This offshore fund is registered with SEBI under FVCI
regulation
Investor assigns a overseas manager
Register the FCVI as a fund or a company
Appoints an Indian advisor to handle domestic fund or
undertaking/company
23. Advantage India for Foreign
Investors
Democratic environment
Large growing market
Pool of scientific, technological and managerial
manpower
Cost effective and skilled
Large pool of English speaking manpower
Well established banking and vibrant capital
market
Well established legal system with independent
judiciary
FDI can provide a firm with new markets and marketing channels, cheaper production facilities, access to new technology, products, skills and financing.
FDI is necessary for sustained economic growth and development of any economy in this era of globalization. In recent years, given rapid growth and change in global investment patterns, the definition has been broadened to include the acquisition of a lasting management interest in a company or enterprise outside the investing firm’s home country.
In the past decade, FDI has come to play a major role in the internationalization of business.The most profound effect has been seen in developing countries, where yearly foreign direct investment flows have increased from an average of less than Driven by mergers and acquisitions and internationalization of production in a range of industries, Developing nations looks at FDI as a source of filling the savings, foreign exchange reserves, revenue, trade deficit, management and technological gaps.
FDI as a strategic component of investment is needed by any country for its sustained economic growth and development. and development of the new one.
DescriptionVenture Capital (VC) is an important source of funding seed capital for start-up ventures and technology projects.It is different from traditional sources of financing as unlike traditional source of funding Venture capitalists finance innovation and ideas which have potential for high growth with inherent uncertainties. Venture capital funds (“VCF”) are professional money managers who provide risk capital to businesses.
It is a fund established in the form of a trust or a company including a body corporate and registered with SEBI under SEBI(Venture Capital Fund) Regulations 1996 and which has a dedicated pool of capital raised in manner specified in regulations and which invests in VCU in accordance with said regulations. A VCF is also allowed to make investments in VCU subject to provisions in SEBI(Venture Capital Fund) Regulations
The formalization of the Indian venture capital community began in 1993 when Indian Venture Capital Association was formed. In 1996, the Securities and Exchange Board of India ("SEBI") introduced the SEBI (Venture Capital Funds) Regulations, 1996 (“VCF Regulations”), for regulating and promoting the activities of domestic venture capital funds.Pursuant to K B Chandrasekhar Committee recommendations, in 2000 Securities and Exchange Board of India (SEBI) was made a nodal regulator for VCFs to provide for regulatory and institutional environment to facilitate faster growth of venture capital industry in the country. In 2000 the SEBI announced the SEBI (Foreign Venture Capital Investor) Regulations, 2000 (“FVCI Regulations”) enabling foreign venture capital and private equity investors to register with it and avail of certain benefits provided there under. The step liberated the industry from a number of bureaucratic hassles and paved the path for the entry of a number of foreign funds into India.
India provides a skilled labor in terms of technology, research and entrepreneurship and at a competitive cost. This could enable Indian market to flourish if sustainable investment is made in order to enable growth.India’s recent success story in the area of information technology has shown that there is a tremendous potential for growth of knowledge based industries.This potential is not only confined to information technology but is equally relevant in several areas such as bio-technology, pharmaceuticals and drugs, agriculture, food processing, telecommunications, services, etcA flourishing venture capital industry in India will fill the gap between the capital requirements of technology and knowledge based startup enterprises and funding available from traditional institutional lenders such as banks. The gap exists because such startups are necessarily based on intangible assets such as human capital and on a technology enabled mission, often with the hope of changing the worldApple, Exodus, Hotmail and Yahoo, to mention a few of the many successful multinational venture-capital funded companies, initially failed to get capital as startups when they approached traditional lenders. However, they were able to obtain finance from independently managed venture capital funds that focus on equity or equity-linked investments in privately held, high-growth companies
FVCImay contribute up to 100% of the capital of an Indian Venture Capital Undertaking and may also set up a domestic asset management company to manage the fund. All such investments by FVCI can be made under automatic route in terms of Schedule 6 to Foreign Exchange Management (Transfer or Issue of Security by a Person Resident Outside India) Regulations, 2000 notified under the Foreign Exchange Management Act, 1999 (‘FEMA’) [discussed in detail below].A SEBI registered FVCI can also invest in domestic venture capital fund registered under the SEBI (Venture Capital Fund) Regulations, 1996. Such investments would also be subject to RBI regulations and FDI policy. However, in case the entity undertaking venture capital fund activity is a Trust registered under the Indian Trust Act, 1882, FDI would be permitted under the Government route. FVCIs are also allowed to invest in other companies subject to FDI Regulations
SEBI and the Reserve Bank of India (“RBI”) have extended certain benefits to funds registered under the FVCI Regulations making it beneficial to register. This is an optional registration that an investor can seek, in order to qualify for certain benefits. FVCIs enjoy a number of regulatory relaxations; some of the significant ones are:Exemption from pricing norms at the time of entry as well as exit;Exemption from “lock-in” period requirements when the investee company goes public; FVCIs are thus effectively allowed to exit investment, immediately on listing of the investee company;Exemption from “Takeover Code” (which mandates making of an open offer by the acquirer, on acquisition of shares beyond prescribed threshold limits) in respect of shares sold by the FVCI to the promoters of the company, after the company goes public