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September 25, 2003 
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VCs may now be able to venture into the secondary market

A proposal to give leeway to Venture Capital Funds (VCFs) to invest in equity shares of listed companies is being considered by a high-level committee, set up to review the existing regulations on VCFs. The committee is also looking at changes that would be required in the Income Tax Act to factor-in any relaxation in the existing norms.

 
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It has been argued that since funds are locked up in investments in shares of unlisted companies, there is very little room for maneuver by VCFs to meet recurring administrative expenses. This has probably promoted the committee to consider giving leeway to VCFs to invest in equity shares of listed companies.

 

Currently, atleast 75% of the investible fund of the VCF has to be invested in unlisted equity shares or equity-linked instruments. The balance 25% of the investible funds can be invested by way of subscription to an IPO of a Venture Capital Undertaking (VCU). The VCU's shares are proposed to be listed, subject to a lock-in period of one year and debt or the debt instruments of a VCU, in which the VCF has already made an investment by way of equity.

VCFs registered with SEBI enjoy a tax pass through status under the Income Tax Act. This means any income of a VCF or a Venture Capital Company (VCC) set up to raise funds for investments in a VCU is not included in computing the total income. The exemption is granted subject to the condition that the VCU is a domestic company, whose shares are not listed in a recognized stock exchange in India. In other words, any income- by way of dividends or long-term capital gains of a VCF from investments in equity shares in a VCU- is exempt from tax.
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