Investing into Infrastructure Holding Companies: What if you become a core investment company?

  • Infrastructure companies are mandated to execute concessions through SPVs, which often results in qualification of the holding company as a core investment company (CIC)
  • CIC risk is often avoided by structuring EPC and O&M revenues through the hol- ding company and swelling …

    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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