Category: Isha Sen

Investor or developer? Real estate regulator (RERA) classifies real estate fund as a promoter

  • The term ‘causes to construct’ in the definition of ‘promoter’ under RERA has been interpreted to include private funds exercising rights typical to such investments

  • Protective rights of investors have been interpreted as being secondary to the rights of the homebuyers – in a conflict, the latter should be protected, notwithstanding inter-se contractual relationship between developer and fund…

    Revamped Overseas Investment Regime (Part II) – Overseas Debt Investments Rationalized

    • Control threshold introduced for offshore debt – a shift of focus towards strategic growth
    • Offshore private credit and special situation funding now permitted
    • Debenture trustee’s introduced to encourage offshore funding to an Indian entity…

      SEBI formalises the use of co-investments but leaves some question marks?

      • SEBI introduces a new co-investment framework permitting AIF investors to co-invest alongside the AIF through portfolio managers
      • The new framework provides that co-investments cannot be on more favourable
        terms than AIF investments

      • Co-investments are not permitted in listed securities…

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