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PRESENTATION ON

VENTURE CAPITAL & SEBI


SEBI(VENTURE CAPITAL FUND)
REGULATIONS, 1996
 I). Registration of venture capital funds:

1. Application of grant of Certificate


2. Eligibility Criteria:
(i) if the application made by the
Company
(ii) if the application by the trust
(iii) if the application made by the
body corporate
 II) Investment conditions and restrictions:
Minimum investment in a VC fund:
1.) A Venture Capital fund may raise
monies from any investor whether
Indian, foreign, or non-resident
Indian.
2.) No Venture Capital fund set up as a
company.
 III) General Obligation and responsibilities:-
Prohibition on investing subscription from
the public.
Private Placement
Maintenance of Books and Records
Submission of Reports to the Board
Winding Up
IV) Inspection and Investigation:-
1. To ensure that the books of account, records
and documents are being maintained by the
venture capital
2. Investigate into complaints received from
investors.
V) Liability for action in Case of Default
1. Contravenes any of the provisions of the act
2. Fails to furnish any information relating to its
activity as a venture capital.
 VCF are regulated by the SEBI (Venture Capital
Fund) Regulations, 1996.
 The following are the various provisions:

 A venture capital fund may be set up by a company


or a trust, after a certificate of registration is
granted by SEBI on an application made to it. On
receipt of the certificate of registration, it shall be
binding on the venture capital fund to abide by the
provisions of the SEBI Act, 1992.
A VCF may raise money from any investor,
Indian, Non-resident Indian or foreign,
provided the money accepted from any
investor is not less than Rs 5 lakhs. The
VCF shall not issue any document or
advertisement inviting offers from the
public for subscription of its security or
units
• SEBI regulations permit investment by
venture capital funds in equity or equity
related instruments of unlisted companies
and also in financially weak and sick
industries whose shares are listed or
unlisted
 At least 80% of the funds should be
invested in venture capital companies and
no other limits are prescribed.

 SEBI Regulations do not provide for any


sectoral restrictions for investment except
investment in companies engaged in
financial services.
A VCF is not permitted to invest in the
equity shares of any company or
institutions providing financial services.

 The securities or units issued by a venture


capital fund shall not be listed on any
recognized stock exchange till the expiry
of 4 years from the date of issuance .
A Scheme of VCF set up as a trust shall be
wound up
(a) when the period of the scheme if any, is
over
(b) If the trustee are of the opinion that the
winding up shall be in the interest of the
investors
(c) 75% of the investors in the scheme pass
a resolution for winding up or,
(d) If SEBI so directs in the interest of the
investors.
 The regulatory, tax and legal environment should play an enabling
role as internationally  venture funds have evolved in an
atmosphere of structural flexibility, fiscal neutrality and operational
adaptability.
 Resource raising, investment, management and exit should be as
simple and flexible as needed and driven by global trends.
 Venture capital should become an institutionalized industry that
protects investors and investee firms, operating in an environment
suitable for raising the large amounts of risk capital needed and for
spurring innovation through start-up firms in a wide range of high
growth areas.
 In view of increasing global integration and mobility of capital
it is important that Indian venture capital funds as well as
venture finance enterprises are able to have global exposure
and investment opportunities

 Infrastructure in the form of incubators and R&D need to be


promoted using government support and private management
as has successfully been done by countries such as the US,
Israel and Taiwan. This is necessary for faster conversion of
R&D and technological innovation into commercial products.
THANKS

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