SEBI Eases Rules for Angel Funds in Start-ups
The Securities and Exchange Board of India (SEBI), which regulates market capital in India, has eased the regulations governing investment in angel funds, thus enabling more fund infusion in start-ups. According to an official statement by SEBI, the move is aimed towards boosting investments in Indian startups.
Considering the recommendations of the NR Narayana Murthy Committee at its board meeting held on Wednesday, SEBI decided to increase the upper limit of number of angel investors in a scheme fund to 200 from 49, besides allowing these funds to invest in start-ups up to 5 years old.
The SEBI has reportedly raised the total number of angel investors allowed to invest in a venture to 200 from 49 and reduced the minimum investment amount to ?25,00,000 from the previous limit of ?50,00,000. In addition to this, angel investors will be now permitted to invest 25% of their funds in overseas startups, as per a statement issued by SEBI. Investors will now be allowed to invest in startups that were incorporated five years prior to the date of the investment, via their angel funds. This is an extension from the previous limit of three years. The regulatory authority has also reduced the lock-in period to one from three years.
Sumit Agrawal, former lawyer for SEBI & Founder, Suvan Law Advisors, said,
"Encouragement to angel investing in Prime Minister Modi’s Start-up India movement is a welcome move. Reducing the minimum corpus, spreading their risk overseas, and aligning the definition of ‘start-up’ to that of the Department of Industrial Promotion and Policy would indeed be beneficial and create a conducive environment for angel investing. Streamlining regulations and increasing the number of investors to 200 from 49 in alignment with the Companies Act, 2013 are also progressive.”
Under the revised norms, companies owned by private equity (PE) firms will now have to seek shareholder’s approval before entering into performance-based compensation agreements with executives. In 2014, the SEBI released a consultation paper that proposed legal, structural and regulatory framework around crowdfunding in India. In January 2015, the SEBI held talks with the government to evolve guidelines on crowdfunding in a move to help startups raise funds. Following that, in June 2016, it reworked its plans for capital-raising platforms targeted exclusively at startups. The regulatory body has considered changes to the listing framework for tech-based startups allowed them to trade publicly on regular stock exchanges. In addition to that in September 2016, it issued an investor warning notice to equity crowdfunding platforms that aid startups. The notice questioned the legality of these platforms.
The decision to reduce the existing minimum investment requirement is a good move since several fund managers looking to invest much smaller sums in the portfolio entities found this requirement to be a big constraint in setting up an angel fund. No other AIF category was required to follow such minimum investment norm, which had and rendered it highly impractical. Also reduction in lock-in period will ease the process and requirement and help the investors to spend less in startups of their choice.
Source: myindiandream.in, timesofindia, busilessline, news18
Amar Kishore Thakur | Digital Marketing
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