Opening the doors for Co-Investments in India by Touchstone Partners

Key Takeaways

1. Co-investment is a nifty tool of capital management that delivers efficiencies to both LPs and GPs.
2. A Category I / II AIF is not permitted to invest more than 25% of investible funds in a single investee company. This restricts the formation of dedicated co-investment vehicles.
3. The IFSCA issued a circular in late 2020 permitting AIFs in GIFT City to disapply the 25% diversity requirement subject to certain conditions.
4. More recently, SEBI released a consultation paper on the concept of ‘accredited investors’, which contemplates an enhanced degree of flexibility (including on the diversity requirement) for funds populated solely by AIs.
5. These new measures are likely to facilitate the proliferation of co-investment activity in India.

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