Investing in India: What Financial Investors Must Know | Doing Business in India | Episode 25

General

July 1, 2026

India is the fastest-growing major economy in the world with a GDP growth consistently above 6 to 7%, private equity and venture capital investments reaching USD 60.7 billion in 2025, and the Nifty 50 Index delivering annualised returns of approximately 11% in dollar terms over a 10-year horizon. Landmark IPOs such as Zomato, Nykaa and Policybazaar have generated strong returns for early investors. The exit environment has never been more active. If you are a financial investor and not already in India, this episode asks, and answers, why that may be worth reconsidering.

In this episode of the Veyrah Law series, Ajay Joseph (Partner at Veyrah Law) addresses financial investors specifically: private equity, venture capital, family offices and institutional players deploying capital into unlisted Indian businesses without running them directly. The discussion covers the four core risks: contract enforcement limitations; RBI exit pricing constraints; tax uncertainty under GAAR and treaty benefit rules; and currency depreciation. It then sets out the practical playbook: why diligence is your primary protection, how to govern operationally rather than contractually, why observer status beats a board seat, why western term sheet concepts do not always translate into Indian enforcement reality, and how to structure with genuine substance while pricing in currency risk from day one.

Investing in India: What Financial Investors Must Know | Doing Business in India | Episode 25

Keywords

  • GAAR (General Anti-Avoidance Rule): Indian tax rule targeting structures without genuine commercial substance.
  • Exit Pricing Constraints: Central bank rules regulating share transfer pricing on exits.
  • Assured Returns: Guaranteed returns for foreign equity investors.
  • Observer Status: Board attendance right without directorship.
  • Diligence the Promoter: Background, track record and related-party history check on the Indian business founder.
  • Drag-Along Rights: Contractual right to compel co-investors to sell.
  • Non-Competes: Post-employment restrictions on taking up competing work.
  • Currency Depreciation: The rupee depreciates approximately 2–3% annually against the dollar.

Timestamps

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Introduction: Context for Financial Investors
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Financial Investors in India
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India’s Growth Metrics
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Key Challenges for Foreign Investors
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Contract Enforcement in Indian Courts
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Exit Pricing Restrictions
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Tax Uncertainty and Capital Gains Treatment
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Currency Depreciation Risks
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Restrictions on Structured Returns
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Advisor’s View: Adapting to the Indian Market
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Prioritizing Extensive Due Diligence
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Accepting Enforcement Realities
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Operational Governance Over Contractual Rights
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Avoiding Personal Liability and Directorships
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Customizing Western Term Sheets for Local Law
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Structuring with Substance to Manage Regulatory Risks
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Summary & Key Takeaways

Production Date:

Recorded on 15 May 2026