Companies Act - Delhi HC allows plea moved by Audit firms; No merit in challenge to Sec 132 of Companies Act based on arguments of vicarious liability, retroactive operation & violation of Art 20(1) of Constitution: HC (See 'Legal Desk') IBC - Raising money by issuance of convertible debentures with option to be later converted into equity shares, can be classified as 'financial debt' if default is committed by corporate debtor: NCLAT (See 'Legal Desk') Delhi High Court allowed pleas moved by CA/ Audit firms; No merit in challenging Section 132 of Companies Act based on arguments of vicarious liability, retroactive operation and violation of Article 20(1) of the Constitution Explanation to Section 132(4) in unambiguous and explicit terms provides that the expression 'professional or other misconduct' would have the same meaning as assigned to that phrase by Section 22 of the CA Act. Section 132 does not create a new species of misconduct nor does it create a liability which was otherwise not contemplated under a pre-existing legislation. (Para 205) Section 132 does not create a new disqualification or create a novel set or category of misdemeanors to constitute professional or other misconduct. (Para 209) MoD inks Rs 10,147 Cr contracts with EEL, MIL & BEL for rockets (See 'Corp Brief') IBC - Bar on filing CIRP applications applies only to defaults that occur within moratorium period: HC (See 'Legal Desk') Number of commodities on e-NAM platform reaches 231 (See 'Corp Brief') IBC - Last payment made by corporate debtor within period of limitation amounts to acknowledgment u/s 19 of Limitation Act: NCLAT (See 'Legal Desk') BIS & British Standards Institution discuss hydrogen standardization (See 'Corp Brief') TM- When adoption of mark is tainted with bad faith, no amount of subsequent use can cleanse vice of dishonest adoption: HC (See 'Legal Desk') IICA, CMAI sign MoU to enhance capacity for decarbonisation (See 'Corp Brief') IBC - Resolution applicant shall obtain approval of Competition Commission of India under CCI Act prior to approval of such resolution plan by committee of creditors under IBC: SC LB (See 'Legal Desk') India-Japan Dialogue organized to strengthen bilateral cooperation in Steel Sector (See 'Corp Brief') Misc - Earnest money forfeited upon flat booking cancellation must be reasonable and not excessive enough to be considered as penalty u/s 74 of Contract Act: SC (See 'Legal Desk') MoS reaffirms India's commitment to global pharmaceutical standardization (See 'Corp Brief') A&C - Pendency of civil & criminal litigation inter se partners, cannot estop one of partners from invoking arbitration clause or bar reference of dispute for adjudication to arbitrator for determination: HC (See 'Legal Desk') Potassium derived from Molasses can be used by farmers: Minister (See 'Corp Brief') Arbitration Act -There is no bar to avail remedy u/s 9 of Arbitration Act: HC (See 'Legal Desk') Vesting Orders for 7 Coal Mines issued (See 'Corp Brief') IBC - Cause of action for initiating proceedings u/s 7 of IBC arises when debt is acknowledged by debtor: NCLAT (See 'Legal Desk') CCI okays acquisition of stake in POSCO India by POSCO India Processing Center (See 'Corp Brief') 'Haj Suvidha App' is for convenience of pilgrims: Rijiju (See 'Corp Brief') Arbitration Act - If respondent had waived right to raise objection regarding legal capacity of applicant to move application for appointment of Arbitrator, he cannot be permitted to raise objection at belated stage: HC (See 'Legal Desk') Bharat Tex is perfect example of industry-govt collaboration: Textiles Secretary (See 'Corp Brief') Web-portal enables citizens to participate in Youth Parliament program (See 'Corp Brief') BIS hosts Annual Convention in Healthcare Sector (See 'Corp Brief') SARFAESI - Claims of secured creditor precede claims of Sales Tax/VAT Departments; charge created by Sales Tax Department subsequent to charge created by bank under SARFAESI Act, lacks legal standing: HC (See 'Legal Desk') Unlocking creativity through Trailer Making Competition (See 'Corp Brief') India's First Ferret Research Facility dedicated to Nation (See 'Corp Brief') IBBI (Insolvency Resolution Process for Corporate Persons) Regulations, 2016- There is fiduciary angle to relationship between IP and IBBI: IBBI (See 'Legal Desk') IEPFA signs MoU with Association of Chartered Certified Accountants (See 'Corp Brief') Secretary chairs Stakeholders' Meeting to review preparations of India Steel 2025 (See 'Corp Brief') IBC - Non Fund Based facilities cannot be refused to be disbursed when approved Resolution Plan contains clause for their disbursement: NCLAT (See 'Legal Desk') Govt taking steps for Door-to-Door gas supply through pipeline (See 'Corp Brief') PMLA - Court woud not interfer with order passed as apellant fails to give explanation for embezzlement of funds: TRIBUNAL (See 'Legal Desk') Business trusts to pay tax at maximum marginal rate (See 'Corp Brief') Focus on nuclear energy to strengthen power infra: Manohar Lal (See 'Corp Brief') A&C - Mere existence of arbitration clause in agreement does not bar jurisdiction of civil court automatically: HC (See 'Legal Desk') Budget proposes surcharge levy on firms (See 'Corp Brief') A&C - Award without reasons would suffer from patent illegality as it completely ignores vital provisions of the agreement: HC (See 'Legal Desk') Budget offers incentives for International Finances Services Centre units (See 'Corp Brief') IBC - Copy of Resolution Plans submitted by other Prospective Resolution Applicants cannot be shared in advance with suspended management of corporate debtor, if suspended management is also RP: NCLAT (See 'Legal Desk') 'Bharattradenet' for global trade to be set up for trade financing (See 'Corp Brief') Arbitration Act - Court to appoint independent sole arbitrator as appointment procedure choosed by parties is no longer valid: HC (See 'Legal Desk')

Family Offices in GIFT City - The new innovative way for Indian HNIs to invest globally

Published: Oct 06, 2023

By Salil Arora, Advocate and Founding Partner (AviLeague Partners LLP)

WITH the recent announcement from the family offices of Narayana Murthy and Azim Premji that they are looking to establish a Family Investment Fund in the Gujarat International Financial Tec-City (GIFT City), a lot of high-networth individuals (HNIs) are exploring the option of setting up family offices in GIFT City.

As a background, family office is a privately held entity that manages investments and wealth for a family. The primary reason for establishing a family office is to establish a mechanism for succession planning and the equitable distribution of wealth among families, thereby minimising potential disputes .

Although the origin of family officecan be traced back to the  maiordoms  in ancient Rome (Latin for "principal of the house"), the highest-ranking servant entrusted with the household's most important affairs, the modern concept of a family office emerged in the 19th century with  J.P. Morgan founding the House of Morgan in the mid-1800s to manage his family assets.

While the United States and Europe make up the majority of family offices today, there is a fast growing number of Asian family offices, and India is no exception. A number of Indians have been looking to set up their family office in popular global financial centres like Singapore, Dubai and Hong Kong due to their business incentives, lower taxes, progressive regulations, and easier access to global markets.

In order to provide similar incentives in India and to attract HNIs from India and abroad, the International Financial Services Centres Authority (IFSCA) has allowed setting up of self-managed funds pooling money from a single family known as Family Investment Funds (FIFs) in GIFT City, the sole operational International Financial Services Centre (IFSC) in India. The framework and requirements for establishing a FIF are contained in IFSCA (Fund Management) Regulations, 2022.

A FIFcan be set up asa company, contributory trust, limited liability partnership, or in any other form as permitted by IFSCA and must maintain a minimum corpus of USD 10 million within three years of its registration. It can invest in a wide range of assets, both in India and foreign jurisdictions, including unlisted securities, listed securities in IFSC, India, or abroad, debt securities, derivatives including commodity derivatives, mutual funds, Limited Liability Partnerships, physical assets such as real estate, bullion, art, etc. Each family member can contribute up to US$250,000, and qualifying Indian entities can contribute up to 50% of their net worth to FIFs. Further, a FIF may share economic interest with its employees, directors, FME or other persons providing services to the FIF, as per its internal policy to reward the persons providing services to the FIF or to align the interest of such persons with those of the FIF. In this regard, wherever required, the FIF may accept contributions from the aforementioned persons for the limited purpose of granting economic interest to them, which in no case shall exceed an aggregate of twenty percent (20%) of FIF's profits.

Some of the advantages of setting up FIFs in GIFT City are that foreign residents and their family-owned entities can establish family offices without needing to comply with India's FDI policy and foreign exchange rules. Further, repatriation of funds does not require regulatory approval.

As regards Indian residents, setting up FIF in GIFT City allows them to manage overseas investments subject to compliance with the liberalised remittance scheme (LRS) limit of USD 2,50,000 per financial year and restrictions provided under the Foreign Exchange Management (Overseas Investment) Rules, 2022 (OI Rules).

The OI Rules provide a more favourable regime for remittance into GIFT City. Specifically, the OI Rules provide that any investment in a fund or vehicle set up in GIFT City should be treated as Overseas Portfolio Investment (OPI). This makes it possible for families to either individually, or through their listed or unlisted group entities, remit funds to an FIF in GIFT by way of OPI.

In terms of tax benefits, GIFT City, operating offers 100% income tax exemption for FIFs for ten years within a fifteen-year period, along with GST exemptions. FIFs are treated as Indian residents for taxation and foreign residents for exchange control, subject to fund management entity regulations.

FIFs can further establish additional investment vehicles as companies, LLPs, trusts, or other forms.This allows different entity types for various investments, taxation treatments, and regulatory compliance levels.

It is pertinent to note that GIFT City offers convenience, efficiency, and lower costs for HNIs, eliminating the need for overseas transactions. Further, GIFT City's regulatory framework is considered progressive and investor-friendly, with the IFSCA overseeing operations.

With overall ranking of GIFT City improving continuously in global financial centres index and the Indian Prime Minister's vision of making GIFT City a premier global financial hub, the time is ripe for families to move towards GIFT City providing diversified investment opportunities with the best-in-class infrastructure and favourable regulatory regime.

(The views expressed are personal views of the author. No AI tool has been used for authorship)

TIOL CORP SEARCH

TIOL GROUP WEBSITES