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Deal or no deal: Venture capital and its prospects in India

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The venture capital in India has come of age in the last decade. India has emerged as the third-largest startup ecosystem—both in terms of volume of transactions and number of investments—with 114 unicorns. While the last two years have been very tough for startups, the overall investment climate in India has remained vibrant and promising despite a chilling funding winter.

The funding winter has had a profound impact on the way the deals are being closed in India. It changed everything in the life cycle of a transaction, be it the deal flow, deal structures, complexity, and timelines.

In the aftermath of the crash in valuations, investors have become very cautious, which has impacted each stage of a VC transaction—from valuations to diligence, management rights for supervision of the business, and post-closing oversight of operations. All these factors led to the transactions becoming more complex and closure more time-consuming.

 

With the drop in valuations, there was a huge gap in the expectations of the founders regarding valuation and the VC’s assessments of the valuations of the startups.

A deal cannot be made unless the gap in valuations is bridged. Accordingly, the parties started to negotiate complex methods to determine the valuations and such methods will sometimes mean that the transaction will be closed without fixing the exact valuation and will depend on conditions to be fulfilled in the future. Investors used innovative methods to fix valuations with a significant focus on actual performance and achievement of projected revenues or earnings. Sometimes, the valuations are not only linked to earnings but also to the diversification of markets or customers or the development/registration of intellectual property rights to secure future growth.

It is not easy in India to fill the valuation gaps just by issuing convertible instruments to investors and may involve the issuance of additional ESOPs/MSOPs to founders with complex vesting schedules and conditions. 

 

Sometimes, even if the valuations are low, startups may raise funding as a matter of survival in tough times. A down-round financing (ie, raising funding at a lower valuation than the previous round) may trigger anti-dilution rights of the existing investors. The anti-dilution provisions provide existing investors an adjustment to their entry price so that they are not impacted by the down-round financing. This requires the shareholding of the existing investors to be realigned before the new funding round. Accordingly, a transaction would not only involve heavy commercial negotiations with new investors, but a commercial agreement with the existing investors as well to align their effective shareholding.

Investor

In an uncertain environment, it is not uncommon for investors to push creative and innovative liquidation preference terms. Instead of the conventional provisions, which usually guarantee a return equivalent to their investment or a pro-rata share of liquidation proceeds based on ownership stakes, the investors are now suggesting more complex formulae and conditions for the distribution of liquidation proceeds.

Further, investors are seeking investor protection matters or veto matters that will necessarily require their consent, especially around the protection of the value of the company at the time of exit by the investors. In critical times, investors have been very careful with the information and inspection rights. They are also more focused on compliance and data privacy, and paying closer attention to the fulfillment of conditions that have come to light during diligence. The due diligence process and approach have also become more stringent.   

Despite the funding winter, the financial markets in India have done significantly better than their peers the world over, with Nifty and Sensex soaring to unprecedented heights. This has led to some large and successful IPOs that have provided exit to investors.

The scramble to list in India is so immense that some of the startups that had been held from abroad are trying to reverse their holding structures in India to get listed. While reverse flip involves heavy costs and tax leakages, the Indian markets are offering significant valuation premiums and brand recalls in comparison to other jurisdictions and startups are willing to pay the price. Apart from the costs and taxes, the reverse flip may involve navigating stringent regulatory restrictions. For example, for participation in an offer for sale as part of an IPO, the offering shareholder must hold the shares for a minimum period of one year before the IPO. Any reverse merger through a court with its offshore holding company is a time-consuming process that will require the approval of the Reserve Bank of India.  

Nevertheless, India is expected to continue to provide an excellent ground to the VC ecosystem. India, with its demographic advantage of a young population, provides a vast market that no one can afford to ignore. Also, India is expected to grow rapidly with a stable government and consistent policies. India also hasn’t suffered significantly from the post-pandemic economic and monetary instability and even from the ongoing geo-political tensions. While these issues have impacted economies across the globe, India is expected to benefit from supply-chain disruptions.

Accordingly, investors are cautiously optimistic, focusing on identifying and backing startups that have the potential to navigate the challenging environment and emerge as market leaders. As we look ahead, the venture capital landscape in India is likely to reach even greater heights.

(Manvinder Singh is Partner at JSA Advocates & Solicitors.)

(Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the views of YourStory.)





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The Trillion-Dollar AI Showdown: Microsoft, Google, and Meta in the Race to Dominate Tech’s Next Frontier

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Artificial Intelligence (AI) has swiftly transitioned from a futuristic concept to a cornerstone of modern technology, reshaping industries and daily life. Leading this transformation are tech giants Microsoft, Google, and Meta, each investing billions into AI development. This article delves into their strategies, financial commitments, and the broader implications of this trillion-dollar AI race.

Microsoft: Integrating AI Across the Board

Microsoft has seamlessly woven AI into its suite of products, enhancing user experience and productivity. A notable example is Copilot, an AI assistant embedded in applications like Word and Excel, designed to streamline tasks and boost efficiency. This integration has resonated with enterprises; nearly 70% of Fortune 500 companies have adopted Copilot, with firms like Vodafone reporting weekly time savings of approximately three hours per employee.

Financially, Microsoft’s AI endeavors are yielding significant returns. In the fiscal quarter ending September 30, 2024, the company reported a 16% increase in revenue, totaling $65.6 billion. This growth was largely driven by Azure and cloud services, which saw a 33% increase in revenue, with 12 percentage points stemming from AI-related products and services.

To support this AI expansion, Microsoft has invested heavily in infrastructure. The company spent $20 billion in the recent quarter, evenly divided between building data centers and acquiring computing equipment like servers and AI chips. This substantial investment underscores Microsoft’s commitment to meeting the growing demand for AI services.

Google: Building a Comprehensive AI Ecosystem

Google’s approach to AI focuses on developing a complete stack, from hardware to software, to create powerful and efficient systems. The company has made significant strides in AI integration, with AI now generating about 25% of all new code at Google, subsequently reviewed by human engineers before deployment.

The impact of AI on Google’s services is evident. Google Lens handles over 20 billion visual searches each month, and AI-enhanced search features serve more than a billion people across 100 countries. In the business sector, Google Cloud, which houses the company’s AI services, grew 35% in the recent quarter, generating $11.4 billion in revenue.

To sustain this growth, Google invested $13 billion in the recent quarter, with $7 billion directed toward new data center construction specifically for AI. The company relies on a mix of custom Tensor Processing Unit (TPU) chips and Nvidia’s GPUs to power its AI initiatives.

Meta: Embracing Open-Source AI

Meta has taken a unique approach by adopting an open-source strategy for its AI development. This means making some of its AI tools and models available to the public, fostering collaboration and innovation within the programming community.

The integration of AI into Meta’s social platforms has been substantial. AI-driven recommendations have increased time spent on Facebook by 8% and on Instagram by 6%. In the advertising domain, over a million advertisers used Meta’s AI tools last month alone to create more than 15 million ads, boosting conversion rates by about 7% for businesses utilizing AI-generated images.

Meta’s commitment to AI is further demonstrated by its investment of $9.2 billion in the recent quarter, with around 60% allocated directly to servers and AI-specific hardware. The company follows a strict five-year cycle for updating its equipment, ensuring it remains at the forefront of technological advancements.

The Broader Implications

The combined efforts of Microsoft, Google, and Meta highlight a collective belief in AI’s transformative potential. In a single quarter, these three companies collectively generated approximately $182.5 billion in revenue, with a net income of about $66.7 billion. This excludes other tech giants like Amazon and Apple, underscoring the massive scale of investment and return in the AI sector.

However, these advancements come with challenges. Building data centers is a complex endeavor, often taking up to two years and requiring locations with sufficient power and cooling capabilities. Additionally, the energy consumption of these centers is significant, prompting companies like Google to commit to powering their AI data centers with nuclear energy, aiming to generate 500 megawatts of carbon-free power.





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ED searches 19 premises of Amazon, Flipkart vendors in FEMA probe

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The Enforcement Directorate Thursday conducted searches against some of the “main vendors” operating on platforms of ecommerce giants Amazon and Flipkart as part of a foreign investment “violation” investigation, official sources said.

A total of 19 premises of these “preferred” vendors located in Delhi, Gurugram and Panchkula (Haryana), Hyderabad (Telangana), and Bengaluru (Karnataka) were covered as part of the action, the sources said.

It is learnt that the ED inspected documents and took copies of some from the premises of about six such vendors who were not named.

The sources said a probe has been initiated by the federal agency under the provisions of the Foreign Exchange Management Act (FEMA) after it received several complaints against the two large ecommerce companies, where it is alleged that they were “violating India’s FDI (foreign direct investment) rules by directly or indirectly influencing the sale price of goods or services and not providing level playing field for all the vendors”.

There was no immediate response from the two ecommerce companies.

Meanwhile, the Confederation of All India Traders (CAIT) welcomed the ED action.

“The CAIT, along with several other trade bodies, has been raising these issues for the past few years. I welcome the Enforcement Directorate’s actions as a step in the right direction,” CAIT Secretary General Praveen Khandelwal said in a statement.

He claimed that the Competition Commission of India (CCI) had also issued “penalty notices” to Amazon and Flipkart, and their “preferred” sellers, for “engaging” in anti-competitive practices that have adversely affected small traders and ‘kirana’ (grocery) stores.

It has been reported in the past that the CCI, which works to ensure fair business practices across sectors in the marketplace, is already looking into alleged anti-competitive ways of ecommerce companies.

The CAIT and mainline mobile retailers’ association AIMRA had also petitioned the CCI sometime back seeking immediate suspension of operations of Flipkart and Amazon as they alleged that the companies engaged in predatory pricing and were burning cash to offer heavy discounts on products.

These practices, in turn, are creating a grey market of mobile phones, causing losses to the exchequer “as players in the grey market evade taxes”, they had said.

Commerce and Industry Minister Piyush Goyal had recently flagged the same concerns as he had questioned Amazon’s announcement of a $1 billion investment in India, saying the US retailer was not doing any great service to the Indian economy but filling up for the losses it had suffered in the country.

He had said in August that their huge losses in India “smells of predatory pricing”, which is not good for the country as it impacts crores of small retailers.

Goyal said e-commerce companies were eating into the small retailers’ high-value, high-margin products that are the only items through which the mom-and-pop stores survive.

The minister had said that with the fast-growing online retailing in the country, “are we going to cause huge social disruption with this massive growth of ecommerce”.

Khandelwal said that the CAIT has urged the CCI and the ED to protect the businesses of small traders.

“In the new Bharat, led by Prime Minister Narendra Modi Ji, no one is above the law. I am hopeful that now the law will take its rightful course and protect the livelihoods of small shopkeepers.

“This government is committed to ensuring that no entity can harm the trading community. In response to multiple complaints filed by the trading community regarding FDI violations and the anti-competitive practices of quick-commerce companies such as Blinkit, Swiggy, and Zepto, we urge both the CCI and the ED to take swift action and prevent any further, irreparable damage to the businesses of small traders,” he said in the statement.





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Irdai proposes to amend regulatory sandbox norms

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Regulator Irdai has proposed to amend the norms related to ‘regulatory sandbox’ by incorporating principle-based approach and further facilitating the adoption of innovative ideas and new concepts across the insurance value chain.

Regulatory sandbox usually refers to live testing of new products or services in a controlled/test regulatory environment for which regulators may or may not permit certain relaxations.

The Insurance Regulatory and Development Authority of India (Irdai) constituted an internal committee to review the Irdai (Regulatory Sandbox) Regulations.

Based on the recommendations of the committee, it has proposed amendments to the regulatory sandbox regulations and seeks comments from the public at large on the proposed amendments.

Issuing an exposure draft on regulatory sandbox regulations, Irdai said the amendment seeks adoption of principle based approach over rule based approach.

The changes to the norms are also aimed to facilitate the introduction of innovative ideas/new concepts across the insurance value chain, Irdai said.

Irdai has invited comments from the stakeholders on ‘Exposure draft – Irdai (Regulatory Sandbox) (Amendment) Regulations, 2024’ by November 25.





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