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2014vcpa
2014vcpa
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India Venture Capital and Private Equity Report 2014<br />
this asset class, they have a much better understanding.” Another interviewee stated, “As compared to our<br />
first fund, we see more participation from family offices and HNIs in the second fund. When I speak to the<br />
investors, I also feel that they have a better understanding about the product now. This is good for us because<br />
we prefer to have investors who have understood the product rather than one who has not. Many domestic<br />
funds and distributors have worked towards educating the HNIs on how this product works and the results are<br />
finally showing up.”<br />
5.4 The retail investors<br />
The VCPE funds in India are regulated by the Securities and Exchange Board of India (SEBI). Given the nature of<br />
the VCPE asset class, SEBI has in recent years formulated regulations to ensure that only those with sufficient<br />
ability to analyse and absorb the risk can invest in VCPE funds. For instance, the SEBI Venture Capital Funds<br />
(VCF) Regulations (1996) stated that the minimum investment required to be made by an investor is five lakh<br />
rupees. 17 However, when SEBI brought out the new regulations to regulate the VCPE funds (called the<br />
Alternate Investment Funds [AIF] Regulations, 2012), the minimum amount was substantially increased. The<br />
AIF regulations specify that the minimum investment by an investor should not be less than one crore<br />
rupees. 18 In 2013, the AIF regulations were amended in 2013 to allow for the creation of a sub-category of<br />
venture funds called the angel funds. The minimum investment prescribed in such angel funds was twenty five<br />
lakh rupees 19 , which was lower than what was specified for other categories of AIF funds. However, SEBI<br />
regulations for angel funds also state that individual investors should have early stage investment experience,<br />
or experience as a serial entrepreneur, or be a senior management professional with at least 10 years<br />
experience. The investors shall also be required to have tangible net assets of at least two crore rupees,<br />
excluding the value of investors' primary residence. Thus, it can be seen that the new norms prescribed under<br />
AIF regulations were substantially restrictive for participation by retail investors than what was prescribed<br />
under the VCF regulations.<br />
In a memorandum to the Board 20 , SEBI stated the rationale for such higher investment levels: "... to ensure<br />
that only investors who have prior experience/ adequate awareness of such investments and who have<br />
sufficient capital invest in such funds..." It further goes on to state that, "The AIF Regulations require minimum<br />
investment by an investor in an AIF of Rs. 1 crore to ensure that only investors with sufficient capacity to do due<br />
diligence invest in such AIFs. However, in angel funds, the amount of investments made by the fund is very less<br />
and based on our interactions with the industry, most of the investors invest between Rs. 5- 25 lakhs and that<br />
too over a period of 3 years. Therefore, since the minimum net assets requirement of Rs. 2 crore (excluding<br />
value of primary residence) is expected to ensure that only HNIs are able to make investments in such angel<br />
funds, the mandatory minimum investment amount by an investor of Rs. 1 crore in the AIF Regulations is<br />
proposed to be relaxed. However, in order to ensure genuine commitment by investors, it is proposed to have a<br />
minimum of Rs. 25 lakhs investment in the AIF by every investor to be allowed over a period of 3 years."<br />
The current regulatory regime intends to safeguard the ordinary retail investor from investing in such risky<br />
asset classes, while at the same time being supportive of the funding requirements of the industry. The<br />
existing regulations therefore make it difficult for ordinary retail investors to participate in VCPE fund raisings.<br />
The industry has appreciated the higher levels of minimum requirement in the AIF guidelines as this ensures<br />
that only knowledgeable and serious investors participate in VCPE fund raisings. However, Future Ventures<br />
made an unique attempt to raise capital from retail investors when they launched an IPO for their venture<br />
fund operations. Though the IPO was successful, the interest to subscribe for the issue among the retail<br />
investors was very less (Exhibit 4). In subsequent years, no other company has made a similar or related<br />
attempt to raise capital from ordinary retail investors.<br />
However in recent years, there has been a growing interest among retail investors to participate and benefit<br />
from the entrepreneurial gold rush. To facilitate their participation new channels have emerged in the West in<br />
recent years. Popularly, these have been referred as the crowd funding approach. Though yet to take off in<br />
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