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An Update on Structuring Venture Capital and Other Investments in India

29/11/2004Source: Fenwick & West. Fred M. Greguras and S.R. Gopalan 

Click here for the latest news, views and interviews in the clean energy investor communityMany U.S.and other foreign investors are evaluating alternatives for investments into software development, business process outsourcing, drug discovery and other service companies in India, says Fenwick & West. Despite news stories about U.S. venture capitalists traveling to India to look for investments in Indian companies, both U.S.and India venture capitalists tend to make investments into a U.S. company which has a subsidiary in India for fulfillment.

An investable Indian business is likely to be restructured in this manner. The primary structures for investing in India are:

  • Investment in a U.S.company with a services fulfillment subsidiary in India;
  • Direct investment in an India company from outside India (usually through a Mauritius subsidiary for tax reasons);
  • Investment in a U.S.company that invests in a Mauritius subsidiary that in turn invests in a service fulfillment subsidiary in India;and
  • Direct investment in an India company through a venture capital fund registered with the Securities and Exchange Board of India.

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Fenwick & West is a law firm providing comprehensive services to high technology clients of national and international prominence. The firm has over 300 attorneys and a network of correspondent firms in many major cities of the world. Fenwick & West has offices in Palo Alto California, San Francisco California, and Washington DC. For more information please visit www.fenwick.com

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