RBI/2011-12/452
A.P. (DIR Series) Circular No.93
March 19, 2012
To,
All Category – I Authorised Dealer banks
Madam / Sir,
Investment in Indian Venture Capital Undertakings and
/or domestic Venture Capital Funds by SEBI registered Foreign Venture
Capital Investors
Attention of Authorised Dealers Category – I (AD Category -
I) banks is invited to Schedule 6 to the Foreign Exchange Management (Transfer
or Issue of Security by a Person Resident outside India) Regulations, 2000
notified vide
Notification No. FEMA 20 / 2000 -RB dated May 3, 2000 as
amended from time to time, in terms of which, a SEBI registered Foreign Venture
Capital Investor (FVCI) may invest in equity, equity linked instruments, debt,
debt instruments, debentures of an Indian Venture capital Undertaking (IVCU) or
of a Venture Capital Funds (VCF) through Initial Public Offer or Private
Placement or in units of schemes / funds set up by a VCF, subject to such terms
and conditions mentioned therein.
2. It has now been decided, to allow FVCIs to invest in the
eligible securities (equity, equity linked instruments, debt, debt instruments,
debentures of an IVCU or VCF, units of schemes / funds set up by a VCF) by way
of private arrangement / purchase from a third party also, subject to terms and
conditions as stipulated in Schedule 6 of Notification No. FEMA 20 / 2000 -RB
dated May 3, 2000 as amended from time to time. It is also being clarified that
SEBI registered FVCIs would also be allowed to invest in securities on a
recognized stock exchange subject to the provisions of the SEBI (FVCI)
Regulations, 2000, as amended from time to time, as well as the terms and
conditions stipulated therein.
3. AD Category - I banks may bring the contents of the
circular to the notice of their customers and constituents concerned.
4. Necessary amendments to Foreign Exchange Management
(Transfer or Issue of Security by a Person Resident outside India) Regulations,
2000 (Notification No. FEMA 20/2000-RB dated May 3, 2000) are being notified
separately.
5. The directions contained in this circular have been issued
under Sections 10(4) and 11(1) of the Foreign Exchange Management Act, 1999 (42
of 1999) and are without prejudice to permissions / approvals, if any, required
under any other law.
Yours faithfully,
(Meena Hemchandra)
Chief General Manager-in-Charge