Business connection exclusion for eligible investment funds conditioned on non residence, limited Indian participation and regulatory compliance. Conditions for excluding a foreign investment vehicle from constituting a business connection in India require the fund to be non resident, domiciled in a treaty or notified jurisdiction, maintain aggregate Indian participation below five percent with startup and cure exceptions, be subject to investor protection regulation, have minimum membership and limits on member concentration and single entity exposure, maintain a prescribed corpus, avoid conducting or managing business in India, pay prescribed remuneration to an eligible fund manager, and file an annual compliance statement; eligible fund managers must be independent, registered under specified regulations, act in ordinary course, and have capped profit entitlement.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Business connection exclusion for eligible investment funds conditioned on non residence, limited Indian participation and regulatory compliance.
Conditions for excluding a foreign investment vehicle from constituting a business connection in India require the fund to be non resident, domiciled in a treaty or notified jurisdiction, maintain aggregate Indian participation below five percent with startup and cure exceptions, be subject to investor protection regulation, have minimum membership and limits on member concentration and single entity exposure, maintain a prescribed corpus, avoid conducting or managing business in India, pay prescribed remuneration to an eligible fund manager, and file an annual compliance statement; eligible fund managers must be independent, registered under specified regulations, act in ordinary course, and have capped profit entitlement.
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