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Presents

Handbook On
Venture Capital

An Entrepreneur's Guide to

Early Stage Funding

Year of Publication: 2020


About Venture Intelligence
Founded in 2002, Venture Intelligence is the leading  source of  information 
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Table of Contents
Click on heading to go the section

1. Types of Investors

2. Sample Term Sheet For Early Stage Investments

3. Structuring Venture Capital Investments

4. Shares with Differential Rights: An Analysis

5. Software in a White Coat: Governing Software under


Medical Devices Laws

6. Knowledge Partner:

7. Directory Section

8. About Venture Intelligence

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4

Types of Investors

Accelerators / Incubators

Seed funding up to Rs. 50 Lakhs

Incubator: CIIE, Venture Centre, NSRCEL, SINE, IIT-M Incubation Cell

Accelerators: Axilor, 500 Startups, Surge, Y Combinator

Angel Networks & Platforms

Seed & Pre-Series A Funding of Rs. 50 Lakhs - Rs. 7 Cr (Avg. Funding)

AngelList, LetsVenture, Indian Angel Network, Venture Catalysts

Seed Funds

Seed & Pre-Series A Funding of Rs. 50 Lakhs - Rs. 7 Cr

3ONE4 Capital, Axilor, Blume Ventures, India Quotient, Kae Capital

Early Stage VC Funds

Seed, Series A and Series B investments of Rs. 2 - 70 Cr

Accel India, Blume Ventures, Beenext, India Quotient, Kalaari Capital,

Matrix Partners, Shunwei Capital, SAIF, Stellaris Ventures, VH Capital

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Types of Investors

Growth Stage Funds

Growth Funding of Rs. 70+ Cr

Fundamentum, Iron Pillar, Lightspeed Ventures, Nexus Ventures,

Sequoia Capital India, SAIF, Tiger Global

Mega Funding Investors

Growth Funding of Rs. 150 Cr+

Alibaba, DST Global, Naspers, SoftBank, Steadview, Tencent

SME Focused Private Equity Investors

Funding of Rs. 25 Cr - Rs. 100 Cr+

Amicus Capital, Eight Roads Ventures, Gaja Capital, IFC, Lighthouse,

Motilal Oswal, Zephyr Peacock

Social/Impact Funds

Funds focused on companies serving Bottom-of-the-Pyramid consumers

Aavishkaar, Dell Foundation, Elevar Equity, Gates Foundation, Lok Capital,

LGT Lightstone Aspada, Menterra, Omidyar Network

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Directory Section
Click on heading to go the section

FUNDING COMPANY
RANGE REVENUE

Active Incubators $ -

Active Accelerators $ $

Angel Networks $$ $

Individual Angel Investors $$ $

Deal Platforms $$ $

Seed Funds $$ $

Early Stage Investors


$ - $$$ $$
(Seed, Series A)

Social/Impact Funds $ - $$ $-$$

Healthcare Funds $ - $$$ $ - $$

Active SME Investors $ - $$$ $$$

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Sample Term Sheet


This term sheet dated January 1 2020 (“Term Sheet”) sets out the terms and conditions of
the proposed subscription of convertible preference of ABC Private Limited (the
“Company”) by XYZ (“Investor”).

This Term Sheet summarizes the principal terms proposed by the Investor with respect to
its investment in the Company (“Transaction”). This Term Sheet should not be construed
as including all the terms relating to the Transaction. Such terms would be contained in
the definitive agreements recording the Transaction to be negotiated and executed by all
the parties (“Definitive Agreements”).

Parties hereto shall act in good faith to negotiate, complete and execute Definitive
Agreements and related documents reflecting the intent contained herein latest by
February 1, 2016 (“Term”).

This Term Sheet shall expire on the completion of the Term or execution of Definitive
Agreements between the Parties, whichever is earlier. Upon termination, this Term Sheet,
except for the exclusivity, confidentiality, governing law and dispute resolution provisions,
shall lapse automatically, unless renewed by mutual consent of the parties hereto.

Capitalized terms used herein but not defined shall have the meaning ascribed to them
below.

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TRANSACTION

Parties Company (name)


Promoters, and
Investor(s)

Shareholding Pattern The shareholding pattern of the Company as on the date of


this Term Sheet is set out in Schedule I.

Investment The Company is desirous of raising funds through issue of


convertible preference shares (“CPs”) at a price per CP of
INR 100 (One Hundred Only).

The Investor is desirous of subscribing to 100 (One


Hundred)CP (“Investor CPs”) for an aggregate value of INR
10,000 (Ten Thousand Only) (“Transaction”).

The shareholding pattern of the Company as on the date of


completion of the Transaction is set out in Schedule II.

Terms of Investor CPs Dividends: The holders of the Investor CPs shall be entitled
to an interest of [0.1%] per annum.

Liquidation Preference:

a) Preference: [1x] the investment amount plus accrued


Interest.

b) Participation: [Non-participating/Full participation on as


converted basis with equity shareholders.] Investor will start
participating once the Investor has received a rate of return
of [xx%] on its full investment amount.]

Conversion: Investor shall have a right to convert Investor


CPs into equity shares of the Company at any time after or
simultaneous with the issuance of equity shares or other
compulsorily convertible instruments into equity shares by
the Company to institutional investors (“Series A Funding”).

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TRANSACTION

Terms of Investor CPs Conversion: The conversion price of Investor CPs shall be
[xxx]% of the price per equity share determined at the time
of Series A Funding.

If the Series A Funding does not occur before [date] (“Series


A Funding Date”), the Investor shall be entitled to convert
the Investor CPs to at a conversion price equal to [xxx%] of
the fair market value of equity shares determined by an
independent valuer as per the valuation methodology
prescribed under the applicable laws.

Completion of the Within a reasonable time after execution of this Term Sheet
Transaction but in no event later than Day-Month-Year.

Minority Protection Company will not take any of the below mentioned actions
without express written approval of the Investor; provided
that, if such action or decision is taken at a board meeting
the affirmative vote of a Director nominated by the Investor
will be required:

Sale of assets except in the ordinary course of business.


Acquisition of other businesses, creation of joint
ventures/ partnerships, creation or investment in
subsidiaries.
Capital expenditures or acquisitions of assets in excess
of the amounts specified in the annual business plan
approved by the Board.
Increase, decrease or other alteration or modification in
authorized or issued share capital, or creation or issue of
other securities (including equity shares, preference
shares, non-voting shares, warrants, options, etc.).
Related party transactions.
Amendments to Memorandum or Articles of Association
(including change in the number of Board members).
Approval of, or amendment to, the annual business plan.
Commencement of any new line of business.
Debt/equity ratio exceeds the limit specified in the
business plan of the Company approved by the Board.
Settlement of any litigation or arbitration proceedings.

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TRANSACTION

The giving of security for, or the guaranteeing of debts of


any person in excess of the limits specified in the annual
business plan of the Company approved by the Board.
Declaration or payment of any dividend.
Setting up of salary and benefits of any employee with a
total cost to the company or any subsidiary exceeding
the limits specified in the annual business plan of the
Company approved by the Board.
Amendment or termination of any agreement appointing
key executives of the Company.
Any commitment or agreement to do any of the
foregoing.

Information Rights The Company will deliver to the Investor: (a) annual audited
financial statements 90 days after the end of each financial
year, (b) bi-annual un-audited financial statements, and (c)
Annual management reports, plans and budgets.

Further Financing (New Any future issue of equity or convertible instruments by the
Shares)/ Anti-dilution Company shall be first offered to the existing shareholders
in the ratio of their shareholding in the Company at the time
of issuance.

Should any shareholder not subscribe to its portion in the


rights offering, the same shall first be offered to the other
shareholders in proportion to their shareholding in the
Company. This shall be repeated until such time the entire
un-subscribed portion is subscribed.

The conversion price of the Investor CPs will be subject to a


[full ratchet / broad-based / narrow-based weighted
average] adjustment to reduce dilution in the event that the
Company issues additional securities (other than shares
issued pursuant to employees’ stock option plan) at a
purchase price less than the applicable conversion price.
The conversion price will also be subject to proportional
adjustment for split or sub-division of equity shares, stock
dividends, combinations, recapitalizations and the like.

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TRANSACTION

Investor’s Right to Sell Investor CPs shall be transferable to any person after the
Series A Funding Date.

The Promoters shall have the right of first refusal [or first
offer right] on transfer of all or any of the Investor CPs or any
transfer of equity shares issued upon conversion of Investor
CCD’S in proportion to their shareholding in the Company.

If at any time the Promoters transfer more than [xxx] % of


their shareholding in the Company to a third party, the
Investor shall have a right to tag along its CPs in the
Company on a pro rata basis to the purchaser of the
Promoters’ shares on the same terms and conditions
applicable to the transfer of the Promoters’ shares.
However, if as a result of Promoters transfer, the
shareholding of the Promoters collectively in the Company
would fall below [51%], the Investor shall be entitled to tag
all of his CPS or equity shares issued upon conversion of
CPs to the purchaser of Promoters shares.

Promoters Drag Along If the Promoters at any time propose a transfer to a third
Right party transferee all or portion of their collective
shareholding that is in an aggregate equal to 51% of the
collective shareholding of the Promoters, then the
Promoters may also elect to require the Investor to also
transfer, to the third party transferee, as part of the drag
along sale, that number of Investor CPs or equity shares
issued upon conversion of equity that is pro rata to the
shares proposed to be transferred by the Promoters, at the
same purchase price and other terms that are applicable to
the Promoters shares.

Non-Compete Promoters jointly and severally agree not to directly or


indirectly invest, collaborate or associate in whatsoever
manner with any person, partnership firm or a company
engaged in the similar business lines of the Company.

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TRANSACTION

Exclusivity Until expiry of the Term, Company will not take any action
to, directly or indirectly, encourage, initiate or engage in
discussions or negotiations with or provide information to,
any other person or entity concerning the Transaction.

Conditions Precedent The obligation of the Investor to consummate this


Transaction (“Closing”) shall be subject to fulfillment of the
following conditions, including but not limited to:

Completion of business, legal and accounting due


diligence by Investor of the Company and resolution of
the due diligence findings to complete satisfaction of the
Investor.
Both parties having obtained corporate authorizations
for execution and performance of the transactions
contemplated under the Definitive Agreements. [Investor
having obtained the approval of its investment
committee.]
Execution of Definitive Agreements and closing
documents (including amendments to the Articles of
Association) satisfactory to the Investor.
Each of the Company and the Promoters providing
representation and warranties customary in a transaction
of similar nature.
No existing or imminent material adverse change in the
Company.

Confidentiality Investor shall maintain confidentiality, regarding the


contents of this Term Sheet, and the business and affairs of
the Company. Investor shall be permitted to disclose all
aspects of this Transaction to the investment bankers,
accountants, legal counsel and in so far as it is disclosed in
each case only where such persons are under appropriate
nondisclosure obligations imposed by professional ethics,
law or contracts. Nothing contained herein shall affect the
ability of the Parties to make disclosure under applicable
law.

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TRANSACTION

Expenses All costs and expenses in connection with the issuance of


Investor CPs, including stamp duty, shall be borne by the
Company. Each party shall bear its own legal and other
costs.

Amendment The Parties may amend the terms of this Term Sheet by
mutual consent in writing.

Governing Law and Any disputes arising out of or in connection with the
Dispute Resolution validity, interpretation or implementation of this Term Sheet
shall be governed by the laws of [India] and Courts at
[Bangalore] shall have sole jurisdiction.

Binding This Term Sheet is subject to the execution of Definitive


Agreements and completion of the Closing conditions and
is not legally binding on the parties, except for the following
sections: Exclusivity, Confidentiality and Governing Law
and Dispute Resolution.

For XYZ Private Limited


Name:
Designation:

For Promoters
Name:
Designation:

For Investors
Name:
Designation:

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Structuring Venture Capital Investments


Venture capital investments are typically made in early-stage companies. They are often
viewed as high-risk, high-return investments.

Growth and expansion of early-stage businesses/companies require capital investment.


This article identifies certain structures and instruments for such investments, taking into
account the outlook of investors and promoters, who mutually agree to collaborate for a
business venture.

Venture capital investments include (i) subscribing to securities such as ordinary equity
shares, equity shares with differential voting rights (“DVR Shares”), preference shares,
equity-linked instruments, and convertible notes, or (ii) providing financial assistance in
the form of a term loan or subscribing to non-convertible debentures or any such similar
instruments.

Where funding is in the form of financial assistance, and not capital investment, the
promoters retain ownership of the company in its entirety. Most early-stage companies
prefer to raise capital through equity financing for several reasons, including interest on
loans which is typically a cost for early-stage companies and, further, lenders may require
collateral to secure the loan. Servicing the interest on loans is another challenge for such
companies. On the other hand, with capital investments, the return-on-investment is
usually generated after a defined period of time, when it is expected the company will have
stabilized its business.

Start-up notification:

The Ministry of Commerce and Industry notification of February 19, 2019 relating to ‘start-
ups’ permits a start-up to be incorporated as a private limited company under the
Companies Act, 2013, or be registered as a partnership firm under the Indian Partnership
Act, 1932, or a limited liability partnership (“LLP”) under the Limited Liability Partnership
Act, 2008.

The Budget for 2020-2021 has proposed some benefits for start-ups:

(a) eligible start-ups have been permitted 100% deduction of profits and gains for
three consecutive assessment years (as against seven years currently applicable)
out of 10 years, where the total business turnover is not more than Rs. 100 crores
(as against Rs. 25 crores currently applicable).

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Structuring Venture Capital Investments


(b) where benefits of an ESOP are granted to an employee by a start-up, tax will now
be payable or deductible only within 14 days

after the expiry of 48 months from the end of the relevant assessment year; or
from the date of the sale of such specified security or sweat equity share by
the employee/assessee; or
from the date on which the employee/assessee ceases to be the employee
of the eligible start-up, whichever is earlier, on the basis of rates in force of
the relevant financial year in which the said security is allotted or
transferred.

Prior to this proposal, tax was required to be paid at the time of exercise of
option by an employee and such tax was calculated on the fair market value
of the security.

Although start-ups can be incorporated as private limited companies, partnership firms, or


LLPs, most stakeholders prefer a company structure for many reasons. First, a company is
recognised by law as a separate legal entity, which entails that its shareholders (including
promoters and investors who have contributed capital) cannot ordinarily be held
personally liable for the company’s liabilities. While an LLP also offers the same
safeguards, and an LLP’s partners are distinct from the LLP itself, a company has other
features of a company which typically make it a more attractive investment vehicle
compared to an LLP, for example, one such attribute is that companies can receive foreign
investments in more sectors with relative ease as compared to LLPs. While LLPs are
generally permitted to receive foreign investment, if the sector in which an LLP operates
has any performance linked conditionalities, per the foreign direct investment policy of
India, then no foreign investment can be permitted by such an LLP. Given such
restrictions, and the likelihood that early-stage companies typically require funding for
growth, including from foreign investors, a company is considered the more desirable
option.

Some of the benefits of an LLP structure are discussed below:

Benefits of an LLP

As mentioned above, foreign direct investment in an LLP is permitted only when there are
no performance-related conditionalities in the sector in which the LLP operates. LLPs in
the IT & ITeS sector, or the services sector, for instance, can receive 100% FDI, since these
said sectors currently do not have any performance-linked conditions under the FDI policy.
In view of this, early- stage companies in such sectors, which have no conditions attached,
can consider the LLP structure.

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Structuring Venture Capital Investments


As it currently stands, both companies and LLPs are subject to corporate tax, and with the
recent proposal in the Budget for 2020-2021, companies are no longer required to pay
dividend distribution tax.

Another persuasive characteristic of an LLP is that investors in an LLP can be provided an


exit with more ease than investors in a company. One of the ways in which a company can
allow an investor to exit is through a share buy-back, wherein the cash available with the
company can be used to buy back shares held by the investor. Share buy-backs are,
however, considered procedurally tedious, and there is a limit on the quantum of shares a
company is permitted to buy back. A company can buy back a maximum of 25% of its paid-
up capital and free reserves, per the Companies Act, 2013, and a subsequent buy-back can
only be undertaken after one year from the date of closure of the previous buy-back. In the
case of an LLP, profits can be distributed to investors without any threshold, and investors
can be allowed to exit the partnership. It is worth mentioning that buy-backs by a company
also has certain tax implications which,again, tilts the scale in favour of LLPs.

Company structure for investment

A typical company structure inherently enables stakeholders to consider a wider range of


investment instruments, depending on the requirements of the company and the
commercial terms of the investment between the investors and promoters. Some of the
instruments the stakeholders can consider are discussed below.

Ordinary Equity Shares

Ordinary equity shares are the most common instrument for investment in a
company. An ordinary equity share provides ownership in the company at par
with other equity shares/equity shareholders, without any preference or priority.
Each share represents one vote, and the economic benefits and voting rights are
associated with the number of ordinary equity shares held by a shareholder in
the company. Typically, investors do not prefer to subscribe only to ordinary
equity shares, since all ordinary equity shares rank pari passu inter-se each other
and give no additional or preferential rights to an investor vis-à-vis the founders.

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Structuring Venture Capital Investments


Equity Shares with Differential Voting Rights

Differential Voting Rights (DVR) shares are very popular with venture capital
investors and early-stage companies. DVR shares can be issued with differential
rights as to dividend, voting, or otherwise.

Accordingly, a venture capital investor proposing to invest in early-stage


companies can subscribe to DVR shares with a higher/preferential economic
interest. This meets the dual objective in terms of management control and
economic rights, because a financial investor would not want to take the lead on
management decision-making. Similarly, the founders who would prefer to lead
the management decision-making, can hold only equity shares or also subscribe
to DVR shares with higher voting rights, in addition to the common equity shares
they hold.

While DVR shares can be issued under the Companies Act, 2013, subject to
fulfillment of the various conditions mentioned therein (such as articles
permitting the issuance of DVR shares, being approved by the shareholders at a
general meeting, the company not having defaulted in filing financial statements
and annual returns for the last three financial years, etc.), the said conditions are
not applicable to a private limited company, per a notification issued by the
Ministry of Corporate Affairs in this regard. In any case, most of the conditions
are not onerous, to be fulfilled given a recent amendment to the same which
relaxed the eligibility requirement of the company with a consistent track record
of distributable profits for the last three years.

Preference Shares

As the nomenclature suggests, preference shares carry preferential rights over


ordinary equity shares, in relation to payment of dividend and distribution of
funds, in case of liquidation of a company. Dividend on ordinary equity shares
cannot be declared, unless preference shareholders have received their
dividend in accordance with the terms of issue of the preference shares.
However, the reverse is permitted, i.e., a company can declare a dividend only
on preference shares without simultaneously declaring a dividend on ordinary
equity shares. When a company is liquidated, preference shareholders rank
higher than ordinary equity shareholders by law, and are entitled to receive the
proceeds available upon the company’s liquidation, in priority to ordinary equity
shareholders.

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Structuring Venture Capital Investments


The proceeds to be distributed to preference shareholders depend upon the
terms of issue of the preference shares and entitlement of the holders, as
contractually agreed. It is, therefore, possible that after distribution to the
preference shareholders, the ordinary equity shareholders either receive
nominal returns/distributions or none at all. It is necessary to bear this in mind
when structuring investments and agreeing on the entitlements of the
stakeholders. It can also be stipulated, absent default/breach by the founders,
the entitlement of preference shareholders will be reduced if the ordinary equity
shareholders do not receive a specified minimum amount.

Companies can issue preference shares either on a cumulative basis or a non-


cumulative basis, with regard to dividends. Preference shares issued with a
cumulative dividend right entail that the right to receive dividend at an agreed
rate on a yearly basis can be carried forward and the company is required to pay
out dividends on such shares on an accrued basis. In case of preference shares
issued with a non-cumulative right to dividends, if the company does not
declare a dividend in a given year, the right to receive a dividend for that year
lapses. Preference shares to be issued by early-stage companies can be on a
non-cumulative basis. The return on investment is typically structured at exit
and, hence, the priority/entitlement of the preference shareholder to receive
dividend would be available. The company will not have to meet the dividend
obligation on an ongoing basis, since any surplus cash would typically be
ploughed back into the business in the initial years, and not utilized to make
distributions to shareholders.

A unique feature of preference shares over ordinary equity shares is that


investors would only be entitled to voting rights in limited matters, while
protecting their preference over ordinary equity shares in the case of dividends
and liquidation. Private companies can, however, agree to provide voting rights
to preference shareholders, since the applicability of the provision in the
Companies Act, 2013, limiting the voting rights of preference shareholders, can
be excluded by contract.

Equity linked Instruments

Equity linked instruments are securities that are convertible into ordinary equity
shares, at the option of the holder of the instrument, or at the option of the
issuing company, or as mutually agreed between the holder and the issuer, or
on expiry of an agreed period of time.

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Structuring Venture Capital Investments


Optionally, convertible preference shares are an example of equity-linked
instruments, which provide holders the benefit of preference shares as discussed
above, until such time as they are converted into ordinary equity shares. The
decision to convert into ordinary equity shares can rest with the investors, who
would typically exercise the conversion right in the case of an initial public offering
or at the time of exiting the company. Similarly, optionally convertible debentures,
which are a different set of equity-linked instruments, provide their holders the
advantage of holding debentures in the company, which rank higher than ordinary
equity shares and preference shares, in case of a liquidation. Debentures are debt
instruments and the holder of a debenture is considered a creditor of the company,
until such time as the instrument is converted into equity.

An investor can also seek the right to convert instruments into equity at a
discount (subject to the pricing guidelines where the investor is a foreign
investor) in specific circumstances, including where the founders have
committed a default in terms of the agreement executed with such investors, to
compensate for the loss suffered. f no conversion is undertaken, the instruments
can be redeemed by the company by paying the holders of such instruments the
agreed amounts, per the terms of issue.

A table with certain specific characteristics of optionally convertible preference shares and
optionally convertible debentures is set out in the next page:

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Structuring Venture Capital Investments

Optionally Convertible Optionally Convertible


Preference Shares (OCPS) Debentures (OCD)

Authorised Share Capital

Authorised share capital is the maximum Since debentures are debt instruments
amount of capital which a company is until converted (and not shares), there is
authorised to issue. A company cannot no requirement to increase the authorised
issue ordinary equity shares, DVR shares share capital of a company in order to
and preference shares without having issue OCDs. The authorised share capital
sufficient authorised share capital. is required to be increased only at the time
of conversion of the OCDs into ordinary
Companies are required to incur certain equity shares.
statutory expenses in the nature of stamp
duty and registration fees for the purpose of Although this provides some flexibility to
creating and increasing authorised share the company at the time of issue of OCDs
capital. Where OCPS are proposed to be by not having to incur the stamp duty and
issued, a company will need to ensure that registration fees for the higher authorised
there is sufficient authorised share capital in capital, in certain cases investors stipulate
order to undertake such issuance.
that the company maintain sufficient
headroom in the authorised capital at the
time of issuance of convertible debentures
itself, so that at the time of conversion,
particularly in case of an event of default
where the investor and founders will likely
be in a conflicting position, the investor
can seek conversion into equity, without
requiring cooperation from the founders to
increase the authorised share capital.

In certain cases however, this flexibility


does prove effective since the convertible
instruments may be converted at a higher
premium, for instance, the company may
allot one ordinary equity share for every
three optionally convertible debentures
held by the investor. In such a case, since
the number of ordinary equity shares that
the company may issue and allot will be
lower than the number of optionally
convertible debentures held by an

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Structuring Venture Capital Investments

Optionally Convertible Optionally Convertible


Preference Shares (OCPS) Debentures (OCD)

investor, the requirement to have enough


headroom in the authorised capital may be
significantly lower. This is for the reason
that the premium amount is not taken into
account for the purpose of authorised
capital, and only the face value of the
shares into which they convert is
considered.

Paid-up Share Capital

The capital raised by issuance of The capital raised by issuance of


preference shares will be counted towards debentures will not be counted towards
paid-up share capital of the company. An paid-up share capital of the company.
increase in the paid-up share capital of a
company beyond a certain threshold, will
trigger various compliances under the
Companies Act, 2013, such as the
compliance relating to rotation of statutory
auditor, requirement to appoint a company
secretary, etc.

Dividend/ Interest

The rate of dividend on preference shares Since OCDs are debt instruments, the
can be nominal and as mentioned above, provisions relating to loans in the
preference shares can be issued as a non- Companies Act, 2013, may require to be
cumulative instrument. complied with and this entails that an
interest may be chargeable on OCDs, at
least at the same rate of the interest
chargeable on Government Securities of
the same tenor as the OCDs.
Liquidation

Preference shares will rank higher than Debentures will rank higher than
ordinary equity shares in case of liquidation preference shares and ordinary equity
of a company. shares in case of liquidation of a company,
even where debentures are unsecured.

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Structuring Venture Capital Investments


It should be noted that companies are permitted to issue optionally convertible preference
shares and optionally convertible debentures only to domestic investors. Where funds are
raised directly from a foreign investor, per the extant foreign exchange regulations, only
capital instruments, i.e., ordinary equity shares, compulsorily convertible preference shares,
and compulsorily convertible debentures can be issued. Compulsorily, convertible
instruments will convert into equity upon lapse of an agreed period of time, and the company
cannot redeem such instruments. An Indian company and a foreign investor cannot
contractually agree to an assured return at the time of investment. The Foreign Exchange
Regulations, however, contemplate issuance of optionally convertible instruments to foreign
owned and controlled companies. The RBI has clarified that a foreign owned and controlled
company investing in instruments (other than capital instruments, i.e., equity shares,
compulsorily convertible preference shares, and compulsorily convertible debentures) of
another Indian company will not be treated as downstream investment.

Convertible Notes

Similar to compulsorily convertible debentures, convertible notes are debt instruments that
can be issued by start-ups per the extant foreign exchange regulations. Foreign investors are
permitted to subscribe to convertible notes, only if issued by a start-up registered with the
Department of Promotion of Industry and Internal Trade, subject to the other conditions of the
regulations, such as a minimum investment of Rs. 25,00,000 to be brought in a single tranche.
The distinguishing feature between a compulsorily convertible debenture and a convertible
note is that a compulsorily convertible debenture has to mandatorily convert into equity, and
a convertible note is convertible or redeemable per the terms of the note. This characteristic
of a convertible note is similar to that of an optionally convertible debenture, where the
instrument can be either redeemed or converted. While optionally convertible debentures are
not ordinarily permitted to be subscribed to by foreign investors, as mentioned above,
regulations permit start-ups to issue convertible notes similar to optionally convertible
debentures, in order to make investments in start-ups more attractive. Convertible notes must
be converted into ordinary equity shares or redeemed within a period of five years from the
date of issue of such notes.

SAFE

Simple agreement for future equity (SAFE) is a financing agreement between the company
and domestic investor and is similar to a warrant, except that the actual price per share may
be determined at a later stage. A start-up can raise funds without the requirement of having to
issue any securities. A SAFE typically contemplates that the domestic investor will either
receive cash payment with an upside or receive stock of the company on certain events or a
date, as mutually agreed between the parties. Such trigger events could be a future equity
financing round, maturity date of the SAFE, and sale of the company. In the case of SAFE, the
parties defer the actual valuation of the company until the securities are issued, since the
securities are not valued at the time SAFE is executed.

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Structuring Venture Capital Investments


While SAFE includes several features of a convertible note, such as conversion events and
liquidation preference as commercially agreed, SAFE is not a convertible note, but an
instrument such as a warrant and, therefore, the parties could commercially agree on the
maturity date. There is no maturity date for investing with SAFE. Further, the tax treatment will
have to be analyzed to ensure it meets the commercial intent.

Overseas direct investment by investee companies

To address the concern of round-tripping of funds, it is important to note, where investments


are made in entities with global operations, an overseas wholly owned subsidiary (WOS) or
overseas joint venture (JV) cannot invest monies received from the Indian party back into
India.

Subject to sectoral caps and conditions, an eligible Indian party (i.e., company, registered
partnership firm, limited liability partnership, and any other entity in India, as may be notified
by the RBI) can make investments outside India for bona fide business activities, by
subscribing to/acquiring shares of a foreign entity, or by way of share swap. All overseas
investments in aggregate made by an Indian party cannot exceed 400% of the net worth of
the company, as per its last audited balance sheet.

The RBI recently updated the ‘frequently asked questions’ (FAQs) relating to overseas direct
investments. In an attempt to address round- tripping concerns, the RBI has stated in the
FAQs that an Indian entity cannot set up a subsidiary in India through its WOS or a JV in a
foreign jurisdiction, or acquire a WOS, or invest in a JV that already has a direct or indirect
investment in India.

With a multitude of global opportunities for companies, it is common to have Indian parties
set up a WOS or JV in a foreign jurisdiction. This RBI clarification stipulates that such WOS or
JV cannot repatriate any portion of its funds to India. While the aforesaid prohibition relating
to round-tripping was always understood, by expre sly incorporating this clarification in the
FAQs, companies will now be required to put in an application specifically seeking approval
to structure such investments, and approval will be granted on a case-by-case basis,
depending on the merits. In bona fide cases, approval may be forthcoming.

This article is only an attempt to explain key aspects of prospective investments by venture
capital investors in India and making investments/setting up operations overseas. All views
provided herein are personal and should not be construed as legal advice or opinions of the
Firm.

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Structuring Venture Capital Investments


Authors:

Raj Ramachandran, Partner

Bangalore

[email protected]

+91 99004 26201

+91 80 4350 3650

Raj specializes in corporate commercial, banking & finance, cross-border investments &
acquisitions, and employment matters. He has extensive experience in debt transactions
(secured & mezzanine), private equity, project finance, joint ventures, and regulatory &
policy issues governing such transactions. Raj has facilitated many high profile acquisitions
and investments in a variety of sectors involving complicated structuring and
documentation.

Rakki K. Partani, Partner

Bangalore

[email protected]

+91 80 4350 3664

Rakki practices in the areas of real estate, finance, general corporate commercial, private
equity and general corporate advisory. She has represented clients in commercial
litigations and debt recovery matters. Rakki regularly advises clients including banks/
NBFCs in connection with acquisition and subscription of shares and debentures in various
sectors such as real estate, hospitality and education. She also regularly advises developers
and landowners in connection with joint development agreements and development
management agreements.

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Shares with Differential Rights


An Analysis

Shares with differential rights is a departure from the traditional concept of one- share-
one-vote. It is a structure where companies can create a dual class of equity shares that
provides for rights to vote and to claim dividend differential to the economic interest of the
underlying shares. The “differential” can either be upward or downward. Either way,
shares with differential rights skews control in favour of a certain category of shareholders
in a manner that is not proportionate to their economic contribution. Therefore differential
rights are useful to founders who can retain control over their companies even though
their equity is diluted with successive rounds of financing.

Dual class structures are not a recent phenomenon, as they have been a feature of the
share market since before the Great Depression in the US. More recently, tech companies
(Google, Alibaba, Snapchat, and Facebook), have issued shares with differential rights. In
India, the Tatas, Pantaloons Retail, and Gujarat NRE Coke Limited have also pursued the
path of shares with differential rights.

Section 86 of the (Indian) Companies Act, 1956 read with the


Companies (Issue of Share capital with differential voting Rights)
Rules, 2001 allows companies to issue shares with differential rights
with regard to voting, dividend, etc.

Differential rights are a well recognized concept in overseas markets. The US, Canada,
Hong Kong, Singapore, Denmark, Spain, Sweden, and Italy all allow dual class structures,
with Hong Kong and Singapore opposed to such structures until 2018 when they too
began to permit them.

Section 86 of the (Indian) Companies Act, 1956 read with the Companies ((Issue of Share
capital with differential voting Rights) Rules, 2001 allowed companies to issue shares with
differential rights with regard to voting, dividend, and any other matters as prescribed,
subject to certain conditions on the availability of distributable profits and subject to an
overall ceiling of 25% of the company’s share capital.

Listed companies however, were disallowed from issuing shares with superior rights of
voting or dividend both in the listing agreement and the Securities and Exchange Board of
India (SEBI) (Listing Obligations and Disclosure Requirements), Regulations, 2015. By
implication, therefore, inferior rights were not frowned upon in listed companies. These
were largely carried forward to the existing law in the Companies Act, 2013 [Section 43
and Rule 4 of the Companies (Share Capital and Debentures) Rules, 2014] and the SEBI
Listing Obligations and Disclosure Requirements), Regulations, 2015.

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Shares with Differential Rights


An Analysis

Earlier this year “SEBI” and the Ministry of Corporate Affairs (“MCA”) launched a series of
amendments permitting companies in certain sectors to issue Superior Shares pre-Initial
Public Offering (“IPO”) as also on a rights issue or bonus basis post IPO. The amendments
on the contrary, disallowed inferior voting rights in listed companies. The amendment
came on the heels of the approval of the SEBI framework at the SEBI board meeting on 27
June 2019 as per the consultancy paper on “Issuance of shares with Differential Voting
Rights” dated 20 March 2019.

A comparative of the law on shares with differential rights pre and post the amendments is
as follows:

Pre Amendments

For Listed Public Companies Private Limited & Unlisted Public Companies

Listed companies were not allowed to Issue of shares with differential rights is
issue shares with superior rights in respect possible if a company meets the following
of voting and dividend. conditions:

Distributable profits track record of three


years.
No penalty imposed by the Reserve Bank of
India/ SEBI/ Sectoral regulators that has been
unpaid but a period of five years has not
lapsed since payment of penalty.
No default on payment of dividends,
redemption, repayment of debt/deposits.
26% of total voting power as overall ceiling.
Authorized by its Articles of Association.
Authorized by an ordinary resolution at a
general meeting.

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Shares with Differential Rights


An Analysis

Post Amendments

For Private Limited & Unlisted Public Companies

Issue of shares with differential rights is possible if a company meets the following
conditions:

No penalty imposed by the Reserve Bank of India/ SEBI/ Sectoral regulators that has
been unpaid but a period of five years has not lapsed since payment of penalty
No default on payment of dividends, redemption, repayment of debt/deposits
74% of total voting power as overall ceiling
Authorized by its Articles of Association
Authorized by an ordinary resolution at a general meeting

For Listed Public Companies

The Securities and Exchange Board of India (Issue of Capital and


Disclosure Requirements) Regulations, 2018 (ICDR) allows companies that have issued
Superior Shares to proceed with an IPO provided:

The company is actively engaged in the sectors of technology, information


technology, intellectual property, data analytics, bio- technology or nano-
technology to provide products, services or business platforms with substantial
value addition.
The Superior Rights (“SR”) shareholder shall not be part of the promoter group
whose collective net worth is more than Rs 500 crore
The SR shares should only have been issued to the promoters who are involved in
an executive capacity in the Company
The SR shares should have been held for a period of at least 6 months prior to the
red herring prospectus filing.
The SR shares cannot have a voting right ratio of more than 10:1 and less than 2:1
The SR shares cannot be transferred between the promoters e.g. Where SR shares
have been issued to the promoters in a rights issue, the promoters cannot
renounce their rights

Listed companies are however not allowed to issue shares with:

Superior or inferior rights in respect of dividend; or


Inferior rights in respect of voting

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Shares with Differential Rights


An Analysis

Listed companies are allowed to issue Superior Shares through a rights issue or a bonus
issue, provided they have outstanding Superior Shares issued to their promoters and
founders. Superior Shares already issued to the promoters are subject to the following
conditions:

The superior voting rights shall not extend to the following matters:

1. Appointment or removal of independent directors and/or auditor;


2. Where a promoter is willingly transferring control to another entity;
3. Related party transactions in terms of these regulations involving an SR
shareholder;
4. Voluntary winding up of the listed entity;
5. Changes to the articles of association or memorandum of association of the
listed entity, except any change affecting the SR equity share;
6. Initiation of a voluntary resolution process under the insolvency code;
7. Utilization of funds for purposes other than business;
8. Substantial value transaction based on materiality threshold as specified under
these regulations;
9. Passing of special resolution in respect of delisting or buy-back of shares; and
10.Other circumstances or subject matter as may be specified by the board, from
time to time

There is a ceiling of 74%


Companies issuing Superior Shares have a board composed of at least 50%
independent directors
The nomination and remuneration committee and the stakeholders relationship
committee and risk management committee have 2/3rd of their members as
independent directors
All SR shares be converted to ordinary shares after five years. This five-year period
may be extended for another five years, if the shareholders (excluding the SR
shareholders) have approved the extension through an ordinary resolution

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Shares with Differential Rights


An Analysis

For ease of reading, shares with differential rights that provide superior rights in
comparison to an ordinary share are referred to as “Superior Shares” and those that
provide inferior rights in comparison to ordinary shares as “Fractional Shares”.

The 2019 amendments have clearly veered away from the position that hitherto
disallowed promoters holding Superior Shares from listing their companies. The
amendments have been welcomed by founders across the country, boosting the
confidence of promoters who are on the IPO roadmap on the sticky issue of hostile
takeovers.

In providing promoters with the much-required control, SEBI has also tried to bring in the
balance of corporate governance by mandating that (i) a listed company with Superior
Shares must have its board and key committees dominated by the presence of at least a
majority of independent directors; (ii) a ceiling on the number of voting rights they can
exercise; and (iii) a ceiling of 74% on the entire number of Superior Shares. Another good
measure would have been prescribing the minimum number of ordinary shareholding
percentage required to convene any general meeting or vote on any matter where the
superior shareholders exercise their vote. Further, the protections of corporate
governance set out above have not been incorporated in the Act and are currently
required only for listed companies. Hence, for all practical purposes, in an unlisted
company, the promoters’ power is unchecked, apart from the check of Section 241 of the
Act, and the promoters could, by convening extraordinary general meetings, overrule the
decisions reached by the board that has heavy investor representation.

On the other hand, Regulation 41A(3) of LODR has gone overboard in stating that the
holders of Superior Shares cannot exercise their superior rights over the following matters:

“viii. substantial value transaction based on materiality threshold as specified


under these regulations

x. other circumstances or subject matter as may be specified by the Board,


from time to time”.

The term “substantial value transaction” is wide-ranging and could encapsulate any
merger or amalgamation or change of control within its ambit. In such a scenario, the
promoters’ only recourse would be Section 241 of the Companies Act, 2013 in respect of a
claim of oppression or mismanagement.

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Shares with Differential Rights


An Analysis

While pursuing the path of reinstating control in the hands of the company’s founders, SEBI
is also simultaneously contemplating the inclusion of controlling shareholders as promoters
of a company. Only time will tell how the two changes will complement each other to achieve
SEBI’s objective, as the definition of controlling shareholders could include private equity
funds that are not the founders of the company.

The ICDR allows Superior Shares to be issued only to promoters who hold executive
positions in the company. It has, however, become increasingly common for promoters of
listed companies to move their personal holdings to family trusts or holding companies that
are operated by their families for better estate planning. In such a case, the SEBI regulations
are not immediately clear on whether such family trusts or promoter holding company
structures may be issued Superior Shares.

SEBI has justified its choice to restrict the issue of such Superior Shares to companies in
sectors that utilize technology and intellectual property sectors as companies in the new
technology sectors have asset-light models, with little or no need for debt financing but
with continuous equity infusions. The ICDR also requires that such technology companies
eligible to issue Superior Shares must be “intensive” in the use of technology, intellectual
property, etc. As the term “intensive” is not defined, it is subject to interpretation,
especially as today’s business models for most companies are technology-driven. Further,
the use of the term “intellectual property” is quite broad, especially in a common law
jurisdiction such as India. It could potentially include any company that has an active
“brand”, irrespective of any actual innovation or deployment of technology. The eligibility
criterion may have space for more objectivity, allowing more financial parameters such as
the debt-equity ratio of the eligible company.

The Companies Act, 2013 states that a company cannot issue shares with differential rights if
it has (a) defaulted in its repayment/redemption of deposits, debt/statutory/employee dues,
payment of dividend; or (b) been penalized by a regulator in order to prevent continued poor
management of the company. However, the Act is silent on the treatment of Superior Shares
while in default. The law would have been more purposeful had it stated that all existing
Superior Shares or Fractional Shares stand converted to ordinary shares on a conversion ratio
of 1:1 in order to maintain balance of power until the default is remedied.

Overall, the move by SEBI and MCA is a welcome amendment in the right direction,
attempting to provide for checks and balances through well-planned regulation. However,
only time and the manner of its implementation will prove the measure of its success.

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Shares with Differential Rights


An Analysis

Authors:

Bhavana Alexander & Pavithra Manivannan

Bhavana's key focus area is General Corporate Commercial, Mergers & Acquisitions (M&A)
and Private Equity (PE) & Venture Capital. She covers the full spectrum of assisting business
through their life cycle from incorporation, day to day legal advice on business operations,
seed and early stage growth capital financings as well as in strategic alliances.Her practice
areas include advise on setting up business in India, day-to-day business operations,
corporate compliance and governance and business structuring and restructuring.

Prior to joining JSA in 2014, she worked in other law firms. Her interests also include
engaging with startups and working with entrepreneurs in the impact and rural financial
inclusion space.

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32

Software in a White Coat: Governing Software


under Medical Devices Laws

Imagine that, while sitting on your couch at home, you strap on a sphygmomanometer to
measure your blood pressure;. your IoT-enabled device syncs with your cloud-based health
files to upload your readings. This AI-enabled cloud database studies the patterns of your
blood pressure, notices an increasing trend, and sends a push notification to your doctor,
recommending an increase in dosage. Your doctor takes a quick look at the AI-generated
graphs and tables, accepts the software’s suggestion, and signs off on the higher dose.

You are sent an e-prescription for the new dose. Imagine also that you can grant revocable
access to this database to all your medical service providers, giving every doctor you consult
full access to your medical history – you can designate different doctors as your primary
points of contact for various issues. Now, every one of your chosen healthcare providers can
note that you have been placed on stronger blood pressure medication. If this new dosage
has any cross-practice concerns, such as adverse drug interactions, the AI system will notify
the relevant doctor.

The healthcare industry is the playground for such advanced disruptive technologies. This
has us pondering the question: how will the law keep pace with the changes in drug
discovery, genetically-personalized medicine, telemedicine, online pharmacies, robotic
surgical arms AI-aided radiology, IoT-enabled medical devices, and diagnostic software.
Could it be that law can regulate all of them by making a single tweak, namely, treat software
itself as a medical device?

To balance patient safety and public health with technology-driven innovations in healthcare
is a Sisyphean task. In India, the nodal law governing pharmaceuticals is the Drugs and
Cosmetics Act, 1940 (“DCA”). Under this parent law DCA, rules have been passed,
including the Drugs and Cosmetics Rules, 1945 (“DCR”) and the Medical Devices Rules,
2017 (“MDR”).

The DCA has stated that a drug includes devices intended for internal or external use in the
diagnosis, treatment, and mitigation or prevention of disease in human beings and animals.
The MDR meanwhile defines devices as substances used for in vitro diagnosis and other
substances notified by the Central Government. Thus, a combined reading leads us to the
fact that, under India law, all notified medical devices are treated as “drugs” and the DCA is
applicable to such devices.

The Foreign Exchange Management (Non-Debt) Rules, 2019 (“FDI Rules”), which
regulate foreign direct investment in India, defines “medical device” in a manner similar to
that of the European Union (“EU”). The FDI Rules define “medical device” to largely mean any
instrument including the software, intended by its manufacturer to be used specially for
human beings and animals for the specific purposes of diagnosis, prevention, monitoring,
treatment, and alleviation of any disease or disability. The FDI Rules consider software to be a
medical device.
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Software in a White Coat: Governing Software


under Medical Devices Laws

This has been the position under the FDI Rules, even though domestic laws (DCA and MDR)
do not regulate software in or as a medical device.

However, on 18 October 2019, the Central Drugs Standards Control Authority (“CDSCO”), the
nodal organization under the DCA, issued a draft notification inviting public comments when
it proposed to notify software as a medical device. Although this notification has not yet
become law, given the ubiquity of software in the healthcare industry, it is only a matter of
time before this is given the effect of law. It becomes important, therefore, to understand the
challenges involved in categorizing software as a medical device.

Understanding Software in Healthcare

While the States legislate for “healthtech”, it is crucial for them to regulate software in the
medical devices industry.

The US Food and Drug Administration (“USFDA”) classifies medical device software into
three main categories:

Software used in the maintenance or manufacture of medical devices;


Software that is integral to a medical device (“Software in a medical device”); and
Standalone software which, on its own, is a medical device (“Software as a medical
device”)

Each of these categories has different regulatory needs:

Software used in the maintenance or manufacture of medical devices requires the least
regulation, as the resultant medical device is (or will soon be) regulated under extant DCA
laws and standards.

Software in a medical device requires a greater degree of regulation, as existing laws and
standards governing the relevant hardware may not be equipped to handle a “smart” device.
For instance, an IoT-enabled pacemaker that provides real-time heart data to a
database/virtual platform, or an IoT/AI-enabled device that regulates dosages of intravenous
drugs based on monitoring of blood markers, will not be specifically provided for under
Indian law and standards governing non-enhanced devices.

Software as a medical device requires the most stringent regulation, as current


Indian laws have no mechanism to deal with such devices.

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Software in a White Coat: Governing Software


under Medical Devices Laws

This has been the position under the FDI Rules, even though domestic laws (DCA and MDR)
do not regulate software in or as a medical device.

However, on 18 October 2019, the Central Drugs Standards Control Authority (“CDSCO”), the
nodal organization under the DCA, issued a draft notification inviting public comments when
it proposed to notify software as a medical device. Although this notification has not yet
become law, given the ubiquity of software in the healthcare industry, it is only a matter of
time before this is given the effect of law. It becomes important, therefore, to understand the
challenges involved in categorizing software as a medical device.

Understanding Software in Healthcare

While the States legislate for “healthtech”, it is crucial for them to regulate software in the
medical devices industry.

The US Food and Drug Administration (“USFDA”) classifies medical device software into
three main categories:

Software used in the maintenance or manufacture of medical devices;


Software that is integral to a medical device (“Software in a medical device”); and
Standalone software which, on its own, is a medical device (“Software as a medical
device”)

Each of these categories has different regulatory needs:

Software used in the maintenance or manufacture of medical devices requires the least
regulation, as the resultant medical device is (or will soon be) regulated under extant DCA
laws and standards.

Software in a medical device requires a greater degree of regulation, as existing laws and
standards governing the relevant hardware may not be equipped to handle a “smart” device.
For instance, an IoT-enabled pacemaker that provides real-time heart data to a
database/virtual platform, or an IoT/AI-enabled device that regulates dosages of intravenous
drugs based on monitoring of blood markers, will not be specifically provided for under
Indian law and standards governing non-enhanced devices.

Software as a medical device requires the most stringent regulation, as current


Indian laws have no mechanism to deal with such devices.

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Software in a White Coat: Governing Software


under Medical Devices Laws

Software as a Medical Device (“SaMD”)

On 09 December 2013, the International Medical Device Regulators Forum (“IMDRF”), a


voluntary organization of various national regulators of medical devices (India is not a party),
agreed upon the following definition for SaMD:

The term “Software as a Medical Device” (SaMD) is defined as software intended to be used
for one or more medical purposes that perform these purposes without being part of a
hardware medical device.

SaMD is a medical device including an in-vitro diagnostic (IVD) medical device and is
capable of running on general purpose (non-medical purpose) computing platforms. The use
of the term “without being part of” means software not necessary for a hardware medical
device to achieve its intended medical purpose. If the intended purpose of the software is to
drive a hardware medical device, then the software is not treated as a medical device. When
software is used in combination (e.g., as a module) with other products, including medical
devices or interfaced with other medical devices even those incorporating hardware , then
they meet the definition of SaMD. Mobile apps that meet the foregoing definition are also
considered SaMD.

SaMD may also provide the means and suggestions for mitigation of a disease; furnish
information for determining compatibility, diagnosing, monitoring and treating physiological
conditions and congenital deformities; be an aid in diagnosis, screening, monitoring, and
determination of predisposition; and enable prognosis, prediction, determination of
physiological status. From this wide range of uses, it is clear that SaMD is a standalone
software that serves a medical purpose. While such SaMD may work/be interoperable with, or
even be incorporated in hardware (including hardware of a medical device), the existence of
such device is not necessary for the software to carry out its primary task. Diagnositc software
(used frequently in radiology and cancer detection) is a striking example of SaMD. However,
software that “drives” a medical device or “embedded software” (such as the software in
home-use glucometers that help analyze blood sugar readings and display results), software
that does not have a medical purpose of its own (such as encryption software, which
encodes medical data without any analysis or medical purpose of its own), a database that
does not have a medical purpose, or software that merely monitors quality/functioning of a
device to enable repair/maintenance are not considered SaMD.

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Software in a White Coat: Governing Software


under Medical Devices Laws

Challenges in regulating SaMD

In the Indian context, it does not suffice to merely issue a notification designating software as
a medical device, as extant laws are ill-equipped for the task. How, exactly, will India choose
to define SaMD? This definition can draw on the existing IMDRF definition and that used by
the EU Medical Devices Regulation 2017 (“EUMDR”). The need is for a comprehensive and
technology-agnostic definition, which will then inform all subsequent lawmaking in this
regard. Once software is designated as a medical device, it will become subject to all the
licensing requirements currently in place for drugs and other medical devices. However, the
laws do not contain any standards for SaMD (unlike, say, the prescriptions by the Bureau of
Indian Standards (“BIS”) for 974 medical devices, including surgical knives, pacemakers,
etc.).

This begs several questions, none of which have easy answers:

At what stage will SaMD be considered safe for public use? What will be the risk classification
for SaMD? Any attempt to find sound answers to such queries is fraught with problems.
Legislation will have to seek to address how it will account for software bugs, updates and
bug fixes, disaster recovery programs, and risks from use or prohibition of open-source
software. Much thought must also be given to the mechanisms to be in place for clinical trials
of SaMD, and clinical or pre-clinical evaluations or tests to ensure their safety, stability,
security, interoperability, etc.

Other queries that still elude the law is how legal systems will provide for failed
interoperability, which may result in glitches or corruption of data, and how such SaMD will
be tested for repeatability, reliability, performance, risk management, and information
security.

Labelling requirements for such software and restrictions in respect of import of


drugs/medical devices will need to be overhauled. In this era of pharma supply chain
management, unique identification device numbers are crucial; and if national registries are
framed, the way they are monitored will also need legislation.

From the point of view of regulatory capacity, it is also important to deliberate upon how
CDSCO and ancillary authorities will equip themselves to legislate, monitor, regulate, test,
and assess SaMD. Professionals with appropriate technical qualifications will have to form
part of these governmental authorities, and the law will need to be amended accordingly.

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Software in a White Coat: Governing Software


under Medical Devices Laws

Importantly, it will be necessary to delve into the participatory risk matrices for
products/services and fix liability for defects or malfunctioning of SaMD. This could see some
evolution in medical negligence jurisprudence as well as in cybersecurity that forms the
backbone of devices and sharing of data that such devices will store and access.

The single most important question with regard to the proposed large-scale use of SaMD will
be data privacy and security. Health data, being sensitive and personally identifiable data,
must be subject to the highest standards of data privacy and security. The Government of
India’s final stance on localization of non-financial data as also personal data protection
norms, which are still at a bill stage, will also dictate the growth of this sector.

Regulating SaMD is a challenge for legislators all over the world despite the growing interest
and importance accorded by legislators and government to the public. The EUMDR is
currently the gold standard in this regard, with detailed regulations to handle SaMD, but even
these are not without their lacunae.

The Indian pharmaceutical and medical devices industry is at a crucial stage of growth. On
the one hand, they stand to benefit from the growing global trade war as countries look to
diversify their offshore manufacturing activities. On the other, the Indian generic drugs
industry has received its share of FDA investigation reports, which have pointed to the non-
compliance in India-based facilities that they deem serious.

With the DCA turning 80 years in 2021, it may be time for a recast of the critical areas of this
piece of legislation. The legislation for SaMD should be chartered along with ancillary
legislations that are bound to impact this space such as data protection, labeling, e-
pharmacies, medical negligence, and consumer protections laws.

Above all, sound, uncompromising implementation of well-planned legislation is required to


help India move the needle on public health and innovation.

Venture Intelligence - Handbook on Venture Capital


38

Software in a White Coat: Governing Software


under Medical Devices Laws

Authors:

Aarthi Sivanandh, Partner and Bhargavi Ravi, Associate

Aarthi started her practice in the US in 2001 as a foreign legal consultant concentrating on
the US-India business corridor until 2006. In 2010, she co-founded Vichar Partners that
merged its law practice with J. Sagar Associates in April 2014.

Aarthi’s practice focuses on the full spectrum of corporate laws and transactional matters:
mergers and acquisitions, venture capital transactions, private equity, foreign collaborations
including joint ventures and licensing transactions. She has extensive experience in working
in the India region, having acted for bidders, target companies, sellers and advisors in such
transactions. Her significant work also includes representing India clients investing in foreign
markets, family businesses in southern India in their growth initiatives and corporate
advisory, restructuring of family holdings.

Venture Intelligence - Handbook on Venture Capital


Directory - Active Incubators
Incubators have been sorted alphabetically by name in their geographical regions.

Northern Region

Amity Innovation Incubator Noida Website

IAN Incubator Delhi Website

JSS ITBI STEP, JSSATE Noida Website

L Incubator, IIM Lucknow Lucknow Website

Shriram Institute for Industrial Delhi Website


Research

SIIC, IIT Kanpur Kanpur Website

SINED, NDRI Karnal Website

STEP, Thapar University Patiala Website

TBI KIET Ghaziabad Website

TBI MCIIE, IIT Varanasi Varanasi Website

TBI, Graphic Era University Dehradun Website

TIDES, IIT Roorkee Roorkee Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Incubators

Southern Region

AIP, ICRISAT Hyderabad Website

Amrita TBI Kollam Website

Anthill Ventures Hyderabad Website

BEC STEP Bagalkot Website

CIE, IIIT Hyderabad Hyderabad Website

Composites Technology Park Bangalore Website

Global Incubation Services Bangalore Website

GrowthStory Bangalore Website

ICRFT, Anna University Chennai Website

IIITB Innovation Centre Bangalore Website

IIT-Madras Incubation Cell Chennai Website

IKP Knowledge Park Secunderabad Website

InnAccel Bangalore Website

Kerala Startup Mission Trivandrum Website

Khosla Labs Bangalore Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Incubators

Southern Region

NITK-STEP Surathkal Website

NSRCEL, IIM Bangalore Bangalore Website

Periyar TBI Thanjavur Website

PSG STEP Coimbatore Website

RainMatter Bangalore Website

RTBI, IIT Madras Chennai Website

SID, IISc Bangalore Bangalore Website

SJCE STEP Mysore Website

SRM Incubation Centre Chennai Website

T-Hub Lab 32 Hyderabad Website

TBI KEC Erode Website

TBI, BIT Erode Sathyamangalam Website

TBI, NIT Calicut Calicut Website

TBI, University of Hyderabad Hyderabad Website

TeNeT Chennai Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Incubators

Southern Region

TREC-STEP Tiruchirappalli Website

Villgro Chennai Website

VIT-TBI Vellore Website

Eastern Region

Ekta Incubation Centre Kolkata Website

Faraday Science Park Guwahati Website

Innovation Park, IIM Calcutta Kolkata Website

KIIT TBI Bubaneshwar Website

Neotec Hub Kolkata Website

STEP, IIT Kharagpur Kharagpur Website

Tagore Center for Green TBI Shibpur Website

TotalStart Kolkata Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Incubators

Western Region

CIBA Goa Website

CIIE, IIM Ahmedabad Ahmedabad Website

CrAdLE Ahmedabad Website

DKTE TBI Kolhapur Website

First Cheque Mumbai Website

icreate Ahmedabad Website

MICA Incubator Ahmedabad Website

MUTBI Mumbai Website

NCL Venture Center Pune Website

NDBI, NIID Ahmedabad Website

SINE, IIT Bombay Mumbai Website

Startup Oasis Jaipur Website

TBI, BITS Pilani Pilani Website

UnLtd India Mumbai Website

Venture Centre Pune Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Accelerators

Northern Region

500 Startups Delhi Website

Oracle Accelerator Delhi Website

5Ideas Gurgaon Website

Green House Accelerator Gurgaon Website

GSF Accelerator Gurgaon Website

HealthStart Noida Website

TLabs Noida Website

Southern Region

Axilor Ventures Bangalore Website

Bosch DNA Bangalore Website

Brigade Reap Bangalore Website

Cisco Launchpad Bangalore Website

Google Launchpad Bangalore Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Accelerators

Southern Region

Microsoft Accelerator Bangalore Website

NUMA Bangalore Bangalore Website

Revvx Accelerators Bangalore Website

Shell Accelerator Bangalore Website

Target Accelerator Bangalore Website

Tracxn Labs Bangalore Website

Paypal Start Tank Chennai Website

The Fabric Chennai Website

The Startup Centre Chennai Website

Spark10 Hyderabad Website

Startup Village Collective Kochi Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Accelerators

Western Region

Bharat Inclusion Initiative Ahmedabad Website

ISME Ace Fintech Mumbai Website

JioGenNext Mumbai Website

Powered Accelerator Mumbai Website

Venture Catalysts Accelerator Mumbai Website

VentureNursery Mumbai Website

YES Fintech Mumbai Website

Zone Startups India Mumbai Website

DesignGild Pune Website

Edugild Pune Website

Overseas

Y Combinator California, USA Website

Venture Intelligence - Handbook on Venture Capital


Directory - Angel Networks

Northern Region

Chandigarh Angels Network Chandigarh Website

Growx Ventures Delhi Website

AngelList India Delhi Website

Indian Angel Network Delhi Website

Palaash Ventures Delhi Website

Quintillion Media Delhi Website

GSF Superangels Gurgaon Website

Inflection Point Ventures Gurgaon Website

Rajasthan Angel Investor Jaipur Website


Network (RAIN)

Venture Intelligence - Handbook on Venture Capital


Directory - Angel Networks

Southern Region

GrowthStory Bangalore Website

LetsVenture Bangalore Website

Chennai Angels Chennai Website

Keiretsu Forum Chennai Chennai Website

50K Ventures Hyderabad Website

Hyderabad Angels Hyderabad Website

Splice Capital Hyderabad Website

SucSEED Angel Network Hyderabad Website

Native Angel Network Madurai Website

Eastern Region

Calcutta Angels Bangalore Website

Primarc iVentures Bangalore Website

Venture Intelligence - Handbook on Venture Capital


Directory - Angel Networks

Western Region

1crowd Mumbai Website

ah! Ventures Mumbai Website

BITS Spark Angels Mumbai Website

CCube Angels Mumbai Website

CIO Angel Network Mumbai Website

Cross Border Angels Mumbai Website

Gemba Capital Mumbai Website

Lead Angels Mumbai Website

Mumbai Angels Mumbai Website

Powai Lake Ventures Mumbai Website

Sarthi Angels Mumbai Website

Singularity Ventures Mumbai Website

Stanford Angels Mumbai Website

Venture Catalysts Angels Mumbai Website

VentureNursery Angels Mumbai Website

Venture Intelligence - Handbook on Venture Capital


Directory - Angel Networks

Central Region

Swan Angel Network Indore Website

Overseas

Harvard Angels California Website

Angel Network Middle East Dubai Website

Swastika Hong Kong Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Angel Investors

Binny Bansal Bangalore Linkedin AngelList

Kalyan Krishnamurthy Bangalore Linkedin

Kanwaljit Singh Bangalore Linkedin AngelList

Kris Gopalakrishnan Bangalore Linkedin

K Ganesh Bangalore Linkedin AngelList

Kunal Shah Bangalore Linkedin AngelList

Madan Padaki Bangalore Linkedin

Manish Singhal Bangalore Linkedin AngelList

Mohandas Pai Bangalore Linkedin AngelList

Pallav Nadhani Bangalore Linkedin AngelList

Phanindra Sama Bangalore Linkedin AngelList

Sachin Bansal Bangalore Linkedin AngelList

Sharad Sharma Bangalore Linkedin AngelList

V Balakrishnan Bangalore Linkedin AngelList

Girish Mathrubootham Chennai Linkedin AngelList

Kumar Vembu Chennai Linkedin

Venture Intelligence - Handbook on Venture Capital


Directory - Active Angel Investors

Ajay Relan Delhi Linkedin AngelList

Amit Ranjan Delhi Linkedin AngelList

Ashvin Chadda Delhi Linkedin AngelList

Kunal Bahl Delhi Linkedin AngelList

Rajan Anandan Delhi Linkedin AngelList

Ritesh Malik Delhi Linkedin AngelList

Samir Sood Delhi Linkedin AngelList

Sunil Kalra Delhi Linkedin AngelList

Utsav Somani Delhi Linkedin AngelList

Vijay Shekhar Sharma Delhi Linkedin AngelList

Deep Kalra Gurgaon Linkedin

Rohit Bansal Gurgaon Linkedin AngelList

Apurva Salarpuria Kolkata Linkedin AngelList

Aneesh Reddy Bangalore Linkedin AngelList

Aprameya Radhakrishna Bangalore Linkedin AngelList

Ashish Gupta Bangalore Linkedin AngelList

Venture Intelligence - Handbook on Venture Capital


Directory - Active Angel Investors

Ganesh Natarajan Kalyan Linkedin AngelList

Amrish Rau Mumbai Linkedin AngelList

Anand Ladsariya Mumbai Linkedin AngelList

Anand Lunia Mumbai Linkedin AngelList

Anand Mahindra Mumbai Linkedin

Anil Jain Mumbai Linkedin AngelList

Anupam Mittal Mumbai Linkedin AngelList

Jitendra Gupta Mumbai Linkedin AngelList

Samir Bangara Mumbai Linkedin AngelList

Sandeep Tandon Mumbai Linkedin AngelList

Sanjay Mehta Mumbai Linkedin AngelList

Zishaan Hayath Mumbai Linkedin AngelList

Anand Chandrasekaran California Linkedin AngelList

Arun Venkatachalam London Linkedin AngelList

Indus Khaitan San Francisco Linkedin AngelList

Vaibhav Domkundwar San Francisco Linkedin AngelList

Deepak Shahdadpuri Singapore Linkedin AngelList

Venture Intelligence - Handbook on Venture Capital


Directory - Deal Platforms
Website
Smergers

1Crowd Website

36Kr Website

AngelList Website

Applyifi Website

Artha Platform Website

Club ah! Website

Enablers Website

Excubator Website

F6S Website

Fellaequity Website

GlobeVestor Website

GREX Website

LetsVenture Website

Marquee Equity Website

RueOne Investments
Website

Seedrs
Website
StartEZ Technologies
Website
Tribe Impact
Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Seed Investors

Northern Region

GEMS Partners Delhi Website

IAN Fund Delhi Website

India Internet Fund Delhi Website

Leo Capital Delhi Website

Outbox Ventures Delhi Website

Peesh VC Delhi Website

Pravega Ventures Delhi Website

VH Capital Delhi Website

WaterBridge Ventures Delhi Website

MCube Capital Gurgaon Website

Ncubate Capital Gurgaon Website

YourNest Gurgaon Website

YouWeCan Ventures Gurgaon Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Southern Region

3ONE4 Capital Bangalore Website

Accel India Bangalore Website

Angel Prime Bangalore Website

Arali Ventures Bangalore Website

Axilor Ventures Bangalore Website

CapAleph Bangalore Website

Capier Investments Bangalore Website

Exfinity Ventures Bangalore Website

Fireside Ventures Bangalore Website

Ideaspring Bangalore Website

Incubate Fund Bangalore Website

Kalaari Capital Bangalore Website

Kstart Bangalore Website

Pi Ventures Bangalore Website

Prime Venture Partners Bangalore Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Eastern Region

Northeast Venture Fund Guwahati Website

Navam Capital Kolkata Website

Western Region

Bharat Innovation Fund Ahmedabad Website

GVFL Ahmedabad Website

India Quotient Ahmedabad Website

KellyGama Ahmedabad Website

Alpha Capital Mumbai Website

Ankur Capital Mumbai Website

Artha India Ventures Mumbai Website

Astarc Ventures Mumbai Website

Blume Ventures Mumbai Website

Equanimity Investments Mumbai Website

Idein Ventures Mumbai Website

IvyCap Ventures Mumbai Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Southern Region

Rainmatter Capital Bangalore Website

Rebright Partners Bangalore Website

Saha Fund Bangalore Website

Sequoia Surge Bangalore Website

Sol Primero Bangalore Website

Speciale Invest Bangalore Website

Sprout Venture Partners Bangalore Website

StartupXseed Ventures Bangalore Website

Stellaris Venture Partner Bangalore Website

Unitus Seed Fund Bangalore Website

Ventureast Bangalore Website

50K Ventures Hyderabad Website

Endiya Partners Hyderabad Website

SRI Capital Hyderabad Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Western Region

JSW Ventures Mumbai Website

Kae Capital Mumbai Website

Lightbox Ventures Mumbai Website

Matrix Partners India Mumbai Website

Next Orbit Ventures Mumbai Website

Nexus Venture Partners Mumbai Website

Oliphans Capital Mumbai Website

Orios VP Mumbai Website

Rainmaker Ventures Mumbai Website

Roots Ventures Mumbai Website

SIDBI VC Mumbai Website

Sixth Sense Ventures Mumbai Website

Unicorn India Ventures Mumbai Website

Uniqorn Ventures Mumbai Website

White Unicorn Ventures Mumbai Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Western Region

Alacrity India Pune Website

Snow Leopard Technology Pune Website


Ventures

Overseas

Scale Ventures California Website

Purvi Capital Chicago Website

Beenext Japan Website

M&S Partners Mauritius Website

DSG Consumer Partners Singapore Website

Jungle Ventures Singapore Website

Powerhouse Ventures Washington DC Website

Venture Intelligence - Handbook on Venture Capital


Directory - VC

Northern Region

Lightspeed Venture Delhi Website

India Internet Fund Delhi Website

Outbox Ventures Delhi Website

Peesh VC Delhi Website

Pravega Ventures Delhi Website

Quarizon Delhi Website

Website
VH Capital Delhi

Website
EVC Ventures Gurgaon

Website
Lumis Partners Gurgaon

Website
MCube Capital Gurgaon

Website
Nokia Growth Partners Gurgaon

Website
SAIF Gurgaon

Website
The HR Fund Gurgaon

Website
YourNest Gurgaon

Website
YouWeCan Ventures Gurgaon

Venture Intelligence - Handbook on Venture Capital


Directory - VC

Northern Region

Rajasthan VC Jaipur Website

AdvantEdge Partners Noida Website

Bertelsmann India Noida Website

Naukri/Info Edge Noida Website

Ventureworks India Noida Website

Alkemi Venture Partners Delhi Website

GEMS Partners Delhi Website

Hunch Venture Delhi Website

IAN Fund Delhi Website

Leo Capital Delhi Website

Ncubate Capital Gurgaon Website

Venture Intelligence - Handbook on Venture Capital


Directory - VC

Southern Region - Bangalore

3ONE4 Capital Website

Aarin Capital Website

Accel India Website

Artiman Ventures Website

Axilor Ventures Website

Bessemer Website

Capier Investments Website

Catamaran Ventures Website

Exfinity Fund Website

Fosun RZ Capital Website

Ideaspring Website

IDG Ventures India Website

Inventus Capital Partners Website

Kalaari Capital Website

KITVEN Website

Venture Intelligence - Handbook on Venture Capital


Directory - VC

Southern Region

Prime Venture Partners Bangalore Website

Qualcomm Ventures Bangalore Website

Rebright Partners Bangalore Website

Saama Capital Bangalore Website

Saha Fund Bangalore Website

Sequoia Capital India Bangalore Website

Sol Primero Bangalore Website

StartupXseed Ventures Bangalore Website

Stellaris Venture Partners Bangalore Website

Vertex Bangalore Website

TVS Capital Chennai Website

Ventureast Chennai Website

Endiya Partners Hyderabad Website

Parampara Captial Hyderabad Website

Arali Ventures Bangalore Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Seed Investors

Southern Region

Fireside Ventures Bangalore Website

NB Ventures Hyderabad Website

Rainmatter Capital Bangalore Website

Speciale Invest Chennai Website

Western Region

India Quotient Ahmedabad Website

Infuse Ventures Ahmedabad Website

Alpha Capital Mumbai Website

Ankur Capital Mumbai Website

Artha India Ventures Mumbai Website

Astarc Ventures Website


Mumbai

Blume Ventures Website


Mumbai

Carpediem Capital Website


Mumbai

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Seed Investors

Western Region - Mumbai

Currae Healthtech Fund Website

Faering Capital Website

Idein Ventures Website

IIFL VC Website

IIML Website

Incubate Fund Website

IvyCap Ventures Website

Website
JSW Ventures

Kae Capital Website

Website
Kaizen PE

Website
Kitara Capital

Website
Lightbox

Website
Mandala Capital Fund

Website
Matrix Partners India

Website
Mayfield

Website
NEA

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Seed Investors

Western Region - Mumbai

Nexus Venture Partners Website

Nirvana Ventures Website

Oliphans Capital Website

Omidyar Network Website

Omnivore Partners Website

Orios VP Website

Paragon Partners Website

Pi Ventures Website

Powerhouse Ventures
Website

RAAY Global Investments


Website

Ratan Tata
Website

Reliance Capital
Website

Reliance Venture
Website
RPG Ventures
Website
SIDBI VC
Website
Sixth Sense Ventures
Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Seed Investors

Western Region - Mumbai

Solidarity Website

Tano Capital Website

Tata Capital Innovations Fund Website

Trans Continental VC Website

Unicorn India Ventures Website

Unilazer Ventures Website

Uniqorn Ventures Website

White Unicorn Ventures Website

Zodius Capital Website

Mantra Ventures Pune Website

Snow Leopard Technology


Ventures Pune Website

Guild Capital Website

GVFL Ahmedabad Website

ITI Growth Fund Website

Kalpavriksh Fund Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Overseas

Sands Capital Arlington Website

Shunwei Capital Beijing Website

Purvi Capital Chicago Website

Maverick Capital Dallas, TX Website

Cocoon Ventures Dubai Website

Earlsfield Capital London Website

M&S Partners Mauritius Website

Now Capital New Jersey Website

Tiger Global New York Website

Green Visor Capital San Francisco Website

Valiant Capital San Francisco Website

Morningside Ventures Shanghai Website

DSG Consumer Partners Singapore Website

Jungle Ventures Singapore Website

RB Investments Singapore Website

Digital Garage Tokyo Website

Venture Intelligence - Handbook on Venture Capital


Directory - Seed Investors

Overseas

GREE Ventures Tokyo Website

Beenext Japan Website

Soma Capital San Francisco Website

Venture Intelligence - Handbook on Venture Capital


Directory - Active Social VCs

Northern Region

Asha Impact Delhi Website

Ennovent Delhi Website

Lok Capital Delhi Website

Dia Vikas Capital Gurgaon Website

IAN - Impact Delhi


Website

Insitor Fund Delhi


Website

Michael & Susan Dell Delhi


Website
Foundation

Southern Region

Unitus Ventures Bangalore Website

C4D Partners Bangalore Website

CBA Capital Bangalore Website

Accion International Bangalore Website

Aspada Investments Bangalore Website

Elevar Equity Bangalore Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Active Social VCs

Southern Region

Gray Matters Capital Bangalore Website

Menterra Impact Fund Bangalore Website

Menterra Social Impact Fund Bangalore Website

Unitus Seed Fund Bangalore Website

Gray Ghost Ventures Chennai Website

IFMR Trust Chennai Website

Incofin Chennai Website

Villgro Chennai Website

Eastern Region

Northeast Venture Fund Guwahati Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Active Social VCs

Western Region

SIDBI VC - Neev Fund Mumbai Website

Pioneering Ventures Mumbai Website

Infuse Ventures Ahmedabad Website

Aavishkaar Mumbai Website

Acumen Fund Mumbai Website

Ankur Capital Mumbai Website

Contrarian Drishti Mumbai Website

Intellecap Impact Investment Mumbai Website


Network (I3N)

Omidyar Network Mumbai Website

responsAbility Mumbai Website

Overseas

Village Capital Washington Website

Belgian Investment Company Brussels Website


for Developing Countries

Khosla Impact California Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Active Social VCs

Overseas

Creation Investments Chicago Website

GAWA Microfinance Fund Madrid Website

Oikocredit Netherlands Website

Norfund Oslo Website

Norwegian Microfinance Oslo Website


Initiative

Capricorn Palo Alto Website

Unitus Impact San Francisco Website

Gates Foundation Seattle Website

Bamboo Finance Singapore Website

Upaya Social Ventures Washington Website

LGT Venture Philanthropy Zurich Website

BlueOrchard Zurich Website

Calvert Foundation Maryland Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Active Healthcare Investors

Northern Region
Healthquad Delhi Website

Quadria India Delhi Website

RoundGlass Partners Punjab Website

Southern Region

GSK Ventures Chennai Website

India Life Sciences Fund Hyderabad Website

Western Region

OrbiMed Mumbai Website

Sabre Capital Mumbai Website

Somerset Indus Capital Mumbai Website


Partners

Tata Capital Healthcare Fund Mumbai Website

Overseas

Everstone Everlife Singapore Website

HBM Healthcare Investments Zug Website

Venture Intelligence - Handbook on Venture Capital (2020)


Directory - Active SME

Southern Region
Amicus Capital Bangalore Website

Aquarius Bangalore Website

Bessemer Bangalore Website

WestBridge Bangalore
Website

Western Region

GVFL Ahmedabad Website

BanyanTree Finance(Banyan Tree Mumbai Website


Growth Capital)

Gaja Capital Mumbai Website

IFC Mumbai Website

Mumbai Website
Lighthouse Fund

Mumbai Website
NEA

Mumbai Website
Paragon Partners

Mumbai Website
SIDBI VC

Mumbai Website
Carpediem Capital Partners

Venture Intelligence - Handbook on Venture Capital (2020)


Offerings for Startups
CXOs of Startups and established companies have leveraged Venture
Intelligence data on Private company transactions and financials to identify
relevant funds to pitch to and to know about the financial health of their
competitors, suppliers and vendors.

PRODUCT OFFERINGS
Private Equity & Venture Capital Investor Directories

Are you looking to raise funding? Are you aware that over a 1,000 funds have
invested in India in the last decade. With Venture Intelligence's decade of investing
data, identify the best PE-VC funds to pitch to based on your funding requirements.
Get details top management contact details, funding history of the funds, sectors
backed by the fund, etc to help with your efforts. We can also identify funds with
red flags - such as having invested in your competitor, etc.

Competitive Intelligence

Wish you had intelligence about your competitors' financials? Venture Intelligence
Competitive Intelligence provides you a crisp summary of Financials of your top
competitors (including that of Private Limited companies that is not disclosed
elsewhere).

Annual Apex Summit

The APEX Summit is India's leading Investor-Entrepreneur Interface platform where


executives from leading companies - cutting across sectors - interact with PE-VC
investors over structured panel discussions and generous networking sessions.
The discussions - featuring a mix of Entrepreneurs, PE-VC Investors and Advisory
firms - throw light on the latest trends in the PE-VC & Entrepreneurial Ecosystem in
India.

For More Details:

Contact: 91 44 4218 5180 / 82 Email: [email protected]


Offerings for Investors
Venture Intelligence products like Deal Digest Newsletters, Deal Databases
& Company Financials Search database are relied upon by home grown and
global Private Equity & Venture Capital Funds to aid their decision making.

PRODUCT OFFERINGS
Private Equity Investments & Exits, M&A and Real Estate Database

The PE-VC deal database helps you track deals & analyzing past transactions by
funds in India. You can Keep track competing PE/VC firms and identify deal flow for
your firm. The various filter options helps you to zero down follow-on investments /
buyouts / co-investment opportunities. The database provides unparalleled level of
data on Valuations and transaction multiples on Private companies making it a
must have tool for investment teams.

Companies Financials Search Database (CFS)

Wish you had the latest financials of private companies to help with your research.
The CFS database provides to up-to-date financial information on companies in
India. Beyond the 40,000+ companies in the database, every subscription also
comes with custom requests for 200 companies. The database helps you screen
for private companies based on financials and growth numbers, industry, location,
etc

Deal Digest Newsletters

Are you unhappy with your existing tools covering transaction news? Get Venture
Intelligence's Deal Digest Newsletters that hits our inbox at 10.00 AM - helping you
to remain up-to-date with industry happenings including monitor deals that your
peers are doing, get alerted about new transaction opportunities, track people
movement, etc. Apart from our detailed newsletters, also receive real time
Whatsapp updates on transaction news as well.

For More Details:

Contact: 91 44 4218 5180 / 82 Email: [email protected]


Offerings for Advisory Firms
Private Equity Investments & Exits, M&A and Real Estate Database

The PE-VC deal database helps you track deals & analyzing past transactions by
funds in India. Use the PE-VC Deals Database browse through the Venture
Intelligence PE/VC Database and the inbuilt PE/VC directory to check who are the
active investors in the relevant industry and narrow down the potential list of
investors to target (using sector classification, stage, etc.) The database provides
unparalleled level of data on Valuations and transaction multiples on Private
companies making it a must have tool for investment teams.

Companies Financials Search Database (CFS)

Use the Company Financial Database right from prospecting for fast growing
private companies to researching past transactions in the relevant sectors. This
way we can showcase to prospective clients validated information on the latest
trends – including setting their valuation expectation, etc. The database helps you
screen for private companies based on financials and growth numbers, industry,
location, etc.

Deal Digest Newsletters

Are you unhappy with your existing tools covering transaction news? Get Venture
Intelligence's Deal Digest Newsletters that hits our inbox at 10.00 AM - helping you
to remain up-to-date with industry happenings including monitor deals that your
peers are doing, get alerted about new transaction opportunities, track people
movement, etc. Apart from our detailed newsletters, also receive real time
Whatsapp updates on transaction news as well.

Venture Intelligence League Tables

The League Tables help I-Banking Firms monitor and benchmark themselves with
their peers.

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Contact: 91 44 4218 5180 / 82 Email: [email protected]


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Private Equity Investments & Exits, M&A and Real Estate Database

The PE-VC deal database helps you track deals & analyzing past transactions by
funds in India. Identify the competitive landscape and peers operating in the sane
space.

Deal Digest Newsletters

Are you unhappy with your existing tools covering transaction news? Get Venture
Intelligence's Deal Digest Newsletters that hits our inbox at 10.00 AM - helping you
to remain up-to-date with industry happenings including monitor deals that your
peers are doing, get alerted about new transaction opportunities, track people
movement, etc. Apart from our detailed newsletters, also receive real time
Whatsapp updates on transaction news as well. Firms can also leverage the
newsletter to showcase your firm's work in the Newsletters.

Venture Intelligence League Tables

The League Tables help I-Banking Firms monitor and benchmark themselves with
their peers.

Knowledge Partnership

Law firms use Venture Intelligence platform to share their expertise in legal matters
to Private Equity, Venture Capital firms and entrepreneurs.

Annual Apex Summit

The APEX Summit is India's leading Investor-Entrepreneur Interface platform where


executives from leading companies - cutting across sectors - interact with PE-VC
investors over structured panel discussions and generous networking sessions.
The discussions - featuring a mix of Entrepreneurs, PE-VC Investors and Advisory
firms - throw light on the latest trends in the PE-VC & Entrepreneurial Ecosystem in
India.

For More Details:

Contact: 91 44 4218 5180 / 82 Email: [email protected]

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