IVCA Welcomes Consultation on Draft FEMA NDI Rules, Seeks Predictability for Investors

IVCA Welcomes Consultation on Draft FEMA NDI Rules, Seeks Predictability for Investors

IVCA welcomes stakeholder consultation on draft FEMA NDI Rules, highlighting measures for foreign investment liberalisation while seeking continuity for AIFs, grandfathering of existing transactions and funds, and prospective application.

 

The Indian Venture and Alternate Capital Association (IVCA) has welcomed the recent stakeholder consultation on the draft Foreign Exchange Management (Non-Debt Instruments) Rules, appreciating the open and constructive consultative approach adopted by the Reserve Bank of India (RBI), Securities and Exchange Board of India (SEBI), Department for Promotion of Industry and Internal Trade (DPIIT) and Department of Economic Affairs (DEA) with the alternate capital industry.

The consultation brought together policymakers, regulators and industry participants to discuss the proposed framework and its practical implications. IVCA members participated actively in the discussions and shared concerns, suggestions and implementation-related inputs directly with the relevant authorities.

The industry welcomed the proposed measures aimed at further liberalising foreign investment and improving ease of doing business with regard to stakes below 10% and the likelihood of a move towards allowing market forces to determine valuation. At the same time, IVCA emphasised the importance of maintaining the existing treatment of AIFs under the IOCC framework, grandfathering transactions and funds undertaken under the current regulations, and ensuring that any new provisions are applied prospectively.

Srini Sriniwasan, Chairperson, IVCA, said, “We deeply appreciate the joint forum of RBI, SEBI, DPIIT and DEA on this important reform and liberalisation measure. Bringing policymakers, regulators and industry together provides an important opportunity to discuss the practical implications of the proposed framework and ensure that industry perspectives are considered as the regulations evolve. Such a consultative approach will be important in creating greater predictability, improving ease of doing business and strengthening India’s attractiveness for global capital.”

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IVCA said the consultation reflects the value of bringing policymakers, regulators and market participants together while regulations are being shaped. Such an approach enables practical implementation issues to be discussed early and provides the industry an opportunity to contribute its experience towards an efficient and investment-friendly regulatory framework.

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IVCA said it looks forward to continuing to provide relevant industry inputs as the proposed framework evolves and supporting efforts towards a simpler and more predictable foreign investment regime.

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The Indian Venture and Alternate Capital Association (IVCA) is a not-for-profit, apex industry body promoting the alternate capital industry and fostering a vibrant investing ecosystem in India. IVCA is committed to supporting the ecosystem by facilitating advocacy discussions with the Government of India, policymakers, and regulators, resulting in the rise of entrepreneurial activity, innovation, and job creation in India and contributing towards the development of India as a leading fund management hub. IVCA represents 500+ funds with a combined AUM of over USD 350 billion. Its members include the most active domestic and global VCs, PEs, funds for infrastructure, real estate, credit funds, limited partners, investment companies, family offices, corporate VCs, and knowledge partners. These funds invest in emerging companies, venture growth, buyout, special situations, distressed assets, and credit and venture debt, among others.

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