Life Cycle of India Focused Funds

14 Apr 2015 @ Hong Kong

Lifecycle of India Focused Funds

Tuesday, April 14, 2015, at Asia Society Hong Kong Center
The Hong Kong Jockey Club Former Explosives Magazine 9 Justice Drive, Admiralty, Hong Kong

INTRODUCTION

The results of the parliamentary elections gave an absolute mandate to the new government. There is lot of optimism from foreign investors towards the India story. As expected, The Budget 2015 and significant reforms were announced on February 28. While the new government is expected to redefine the macroeconomic outlook, the regulators have also been pushing for a more enabling regulatory environment. Please join the team at NDA on April 14, 2015 where we analyze the opportunities and challenges for funds looking to set up/invest in India or those considering an exit. Our team will unravel latest trends in the ever dynamic Indian fund industry and share insights on the impact of the elections, the new Budget and recent liberalization by the Indian government. 

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     FLOW OF THE SESSION

11:30 AM–1.00 PM :

Registration

1:00 PM–1:30 PM :

Introduction

Arvind Mathur, President, IVCA

Nishith Desai, Founder & Managing Partner, Nishith Desai Associates

1:30 PM–2:00 PM :

Keynote

2:00 PM–2:50 PM :

Panel I - Fund Formation issues for India Focused Funds

Current environment for raising commitments; Setting up domestic fund; Tax and regulatory optimization strategies; Key issues coming up in LP-GP negotiations; PE / VC / Hedge funds / Fund Governance / Fund economics; Investing through Mauritius / Singapore / Netherlands; Optimum use of instruments: equity / preference shares / debentures; Unified v/s Co-investment Structures; Impact of Budget 2015 on Fund raising; and Q&A

 

Panelists:

Kapil Kirpalani, Vice President - Legal, HarbourVest

Pratibha Jain, Partner and Head - Funds and Regulatory practice, Nishith Desai Associates

Mahesh Kumar, Head - International Tax, Singapore, Nishith Desai Associates

Richie Sancheti, Head - Fund Formation, Nishith Desai Associates

 

2:50 PM–3:40 PM :

Panel II - Key legal, regulatory and tax considerations for Indian investments and evolving structures for exits from India

Evolving structures for tax optimized entry and exits – new routes for and offshore listing of Indian companies; Key negotiation points in documentation like tax indemnity, reps and warranties insurance, FCPA, etc.; Impact of Budget 2015 on Fund investment / exits; and Q&A

 

Panelists:

Dhanpal Jhaveri, Managing Partner - Private Equity, Everstone

William Hay, General Counsel, Baring Private Equity Asia

Vaibhav Parikh, Partner - Private Equity and M&A, Nishith Desai Associates

Ruchir Sinha, Co-Head Private Equity and M&A, Nishith Desai Associates

 

3:40 PM–4:00 PM :

Break

4:00 PM–4:50 PM :

Panel III: Revised Landscape in India for Foreign Portfolio Investments

General framework of the FPI Regulations; Tax issues impacting FPIs; Participation of non-resident Indians in FPIs; eligibility to deal in offshore derivative instruments; aggregating investment limits for FPIs and swaps (P-notes); Implications of the FPI Regulations on India-focused hedge funds; and Q&A

 

Panelists:

Kishore Joshi, Head - Regulatory Practice, Nishith Desai Associates

Mahesh Kumar, Head - International Tax, Singapore, Nishith Desai Associates

Richie Sancheti, Head - Fund Formation, Nishith Desai Associates

 

4:50 PM–5:40 PM :

Panel IV - Stuck in a bad investment - how to navigate Indian promoters and courts for smooth exits

What a Fund Manager and Director must know about Criminal Law in India; Arbitration and Litigation Strategies; Nominee Directors duties and liabilities; Regulatory and tax disputes; and Q&A

 

Panelists:

Chris Garvey, Executive Director - Legal and Compliance, Morgan Stanley

Deepak Bhawnani, CEO & Managing Director, ALEA Consulting

Vyapak Desai, Partner - International Litigation & Dispute Resolution Practice, Nishith Desai Associates

Pratibha Jain, Partner and Head - Funds and Regulatory practice, Nishith Desai Associates

Vaibhav Parikh, Partner - Private Equity and M&A, Nishith Desai Associates

 

5:40 PM–5:50 PM :

Road to the Future

John Levack, Vice Chairman, HKVCA

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