Foreign Venture Capital Investor Registration

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    Foreign Venture Capital Investor Registration & Compliances

    Foreign Venture Capital Investment is an important source of funding for start-ups and new businesses who have limited to no access to capital markets. It is a high-risk, high-return investment that fulfils the financial requirements of start-ups and new businesses.

    Foreign Investments are governed by Foreign Exchange Management Act (FEMA) along with regulations framed under it. As the Securities Exchange Board of India (SEBI) is the regulatory body that regulates the securities market in India, the Securities Exchange Board of India Act, 1992 along with the regulations framed under it are also applicable to foreign investments.

    Consult us for foreign venture capital investor registration or compliance guidance.


    Types of Foreign Venture Capital Investment in India

    Indian Venture Capital Undertaking (IVCU)

    IVCU is defined as a company incorporated in India but whose shares are not listed on a recognized stock exchange in India. Generally, IVCUs are companies that require financial support to establish themselves in the market.

    Indian Venture Capital Fund (VCF)

    These are funds established in the form of a company, trust or body corporate and are registered either under the SEBI (Alternate Investment Fund) Regulations, 2012 or under the erstwhile SEBI (Venture Capital Fund) Regulations, 1996. VCFs usually pool capital raised by them and invest as per the regulations. VCFs can also invest in IVCUs.


    Process of Foreign Venture Capital Investor Registration


    Eligibility Criteria for FVCI Certificate from SEBI

    For obtaining a certificate of recognition as FVCI from SEBI, a foreign investor has to satisfy certain eligibility criteria such as:

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    Foreign Venture Capital Investor compliances

    We offer comprehensive range of services to help businesses comply with all applicable regulations and protect their reputation.


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    Have Questions?
    Find Answers Here

    FVCI means a foreign investor who is registered under the SEBI (FVCI) Regulations, 2000 and proposes to make investments in Venture Capitals as per the regulations.

    FVCIs can invest upto 66.67% of their funds in unlisted equity shares or equity-linked instruments of venture capital undertaking or Investee Company and up to 33.33% of its funds in securities specified in Regulation 11 of SEBI (FVCI) Regulations, 2000 as amended from time to time. FVCI can also invest its total funds in AIFs registered under the SEBI (AIFs) Regulations, 2012 or Venture Capital Fund (VCF) registered in the erstwhile SEBI (VCF) Regulations, 1996.

    Yes. FVCIs are required to enter into an agreement with the domestic custodian who shall act as a custodian of securities for FVCI. The domestic custodian is required to monitor investments of FVCI in India, furnish periodic reports to SEBI and furnish such other information as may be called for by SEBI.

    In accordance with Regulation 13(1) of SEBI (FVCI) Regulation, 2000, all FVCIs are required to submit a quarterly report on venture capital activity to SEBI. On behalf of the FVCI, it is the domestic custodian who is responsible to submit the report on time. The report has to be uploaded on the SEBI online portal within 7 (seven) days from the end of each quarter of the calendar year.

    SEBI may suspend the certificate of registration granted to an FVCI, if the FVCI contravenes any of the provisions of the SEBI Act, 1992 or any regulations framed thereunder; or FVCI fails to furnish any information sought by the SEBI; or furnishes false or misleading information; or fails to submit the periodic returns and reports; or does not co-operate with SEBI in any inquiry or inspection.


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