MONTH : MAY 2024

Decoding Founder-VC #4 Post funding relationship

In our previous discussions on the Founder-VC relationship, we delved into the pre-funding dynamics. Once the investor wires the money, the relationship shifts significantly. At this juncture, the Principal-Agent analogy comes to life. The investor relinquishes their strongest leverage — the capital. While they retain some control through contractual reporting rights, board seats, and veto rights on essential decisions, they are not involved in daily operations and must rely on the founder's transparency. Meanwhile, the founder now possesses the crucial funding and focuses on their company, valuing customer interactions more than reporting calls.

As time progresses, operational challenges often extend timelines, and founders realize that even substantial financing rounds have limits. When the funds start to constrain growth again, the dynamic shifts once more. The investor might become the essential source of new capital. This time, the relationship focuses on performance and the investor's knowledge of the founder rather than initial expectations. This shift can steepen the power allocation, potentially making funding conditions less favorable than during the initial meeting.

While these dynamics are universal in Founder-Investor relationships, certain practices can infuse serendipity into the interaction. Here, we discuss some practices we implement with our portfolio companies (Portcos) and lessons learned from founders who engage us beyond the financial aspect.

 

Founder's Duty: Proactive Engagement

From a founder’s perspective, even a brief, five-minute update can be valuable. It doesn’t always have to be groundbreaking. Here are four ways founders can leverage their investors' expertise and experience:

 

1. Regular Updates

Regular updates on progress, achievements, and challenges are crucial. Investors appreciate transparency and want to understand how their investment is being utilized and what value is being created. Monthly or quarterly reports keep investors informed and engaged, allowing for feedback and suggestions. Highlighting key metrics, milestones, and goals demonstrates how performance is being measured and improved.

 

2. Ask for Assistance!

Seeking assistance on specific challenges or opportunities is a simple yet effective way to leverage investors' expertise. Investors have witnessed many startups succeed and fail, offering valuable lessons learned, best practices, and industry trends. Regularly reaching out for input on strategy, product, market, team, or other business aspects can be beneficial. Investors can also introduce other experts or mentors to help solve problems or accelerate growth.

 

3. Open Communication & Invitations

Inviting investors to relevant events such as product launches, demos, pitches, customer meetings, industry conferences, or networking sessions showcases your work and solicits feedback. These events also provide opportunities to introduce investors to customers, partners, or potential investors, learn from their experiences, and build trust and rapport.

 

4. Learn from Their Mistakes

Learning from investors' mistakes is invaluable. Investors, having made their share of errors and failures, can teach how to avoid common pitfalls, cope with setbacks, pivot when necessary, and overcome challenges. Asking investors to share their stories of failure and success, and the lessons learned, can provide critical insights. Constructive feedback and criticism can be used to improve product, strategy, or execution.

 

 VC's Duty: Beyond Contractual Rights

Investors need to go beyond just using contractual rights like board seats and reporting. Understanding the challenges and providing support is crucial. This can involve strategic meetings, budgeting sessions, dry runs on pitch decks, attending regular meetings with the founder or team members, or leveraging networks to bring attractive leads. Here are four ways VCs can add value:

 

1. Making Introductions

Advocating for a founder and introducing them to a network of investors is immensely helpful as they scale. This support may also include refining pitches and strengthening the company narrative.

 

2. Hiring Talent

Connecting founders to top talent within the investor’s network or creating a job board for portfolio companies can improve the quality of applicants and reduce the time needed to attract and retain talent.

 

3. Access to Learnings

VCs can offer valuable experience to early-stage or first-time founders. Sharing learnings from portfolio companies facing similar challenges or operating within the same industry can be particularly beneficial.

 

4. Collaborating on Projects

Collaborating with founders on long-term strategic projects, competitive landscaping, and more allows for a deeper understanding of the business and provides more targeted support.

 

Conclusion

At Malpani Ventures, we view ourselves as a services firm, our job is to make the founder's job a little bit more easier than simply providing capital.

Many founders feel they don’t receive sufficient value from their investors, even in areas like follow-on rounds, where specialized experience is crucial. Conversely, VCs often gripe that founders only reach out when they need something signed or during another funding round. Consistent qualitative and quantitative updates are essential. All relationships are built on trust, and trust is built on communication. It's vital to determine the "what, who, how, and when" of communication to foster a strong Founder-VC relationship.

 

Some more reading material:

https://www.linkedin.com/pulse/adding-value-vc-my-top-5-approaches-siddarth-jain?utm_source=share&utm_medium=member_ios&utm_campaign=share_via

https://blog.creandum.com/do-vcs-add-value-4-years-later-the-answer-remains-sometimes-49c53a8865b4

https://www.vcstack.io/blog/vc-value-add

http://christophjanz.blogspot.com/2014/11/good-vcs-bad-vcs.html

https://www.capnamic.com//post/power-dynamics-in-investor-founder-relations

 https://www.linkedin.com/advice/0/how-can-you-leverage-your-investors-expertise-experience-cmcnc

https://www.foundercatalyst.com/blog/making-your-founder-funder-relationship-work

 

We would love to understand your perspective!

Understanding the New Dematerialisation Mandate for Private Companies

 

In October 2023, the Ministry of Corporate Affairs (MCA) in India introduced an important change to how private companies handle their shares. This new rule requires private companies that are no longer categorized as ‘Small companies’ to convert their physical share certificates into electronic form, known as dematerialization. Here’s a friendly guide to help you understand what this means and what you need to do.

 

What is Dematerialisation?

Dematerialisation is the process of turning physical share certificates into electronic records. This means your shares will be stored digitally in a demat account, managed by trusted entities like the National Securities Depository Ltd. (NSDL) or Central Depository Services (India) Ltd. (CDSL). This digital shift helps make managing shares safer, more efficient, and fraud-proof.

 

Who Needs to Dematerialise?:

If your private company isn’t classified as a "small company, " you must dematerialize your shares.

According to section 2(85) of the Companies Act, 2013, a small company means a company that meets the following criteria:

Condition 1: Paid-up capital of the company should not exceed INR 4 Crores; AND

Condition 2: Turnover of the company should not exceed INR 40 Crores.

 

Note: The paid up capital can be calculated by multiplying the face value of your shares with the total shares issued by the company.

 

However, it is essential to note here that the following companies, even though they meet both of the above conditions, are not eligible to qualify as a small company-

·         A public company

·         A holding company

·         A subsidiary company

·         Company registered under section 8

·         A company that is governed by any particular act

 

What does this mean if a company is no longer a small company?

If your company wasn’t a small company as of March 31, 2023, you have until September 30, 2024, to comply.

If your company stops being a small company after March 31, 2023, you’ll have 18 months from the end of that financial year to switch to demat shares.

Any new shares issued by such a company that does not fit the above must be in electronic form. Before you issue new shares, buy back shares, or issue bonus shares, make sure all shares held by promoters, directors, and key managers are dematerialised.

 

What This Means for Your Company

Switching to dematerialised shares will make managing your company’s shares easier and more secure, but it also means some new steps and costs. Here’s what you’ll need to do:

  • Update your company’s Articles of Association.
  • Appoint a Registrar and Transfer Agent (RTA).
  • Obtain International Securities Identification Numbers (ISINs).
  • Ensure that all shares held by key people in your company are dematerialised.
  • For Foreign Investors

Foreign investors will need to open demat accounts with Indian depositories. This involves getting a Permanent Account Number (PAN), completing Know Your Customer (KYC) requirements, and other formalities. While this might take some time, it will eventually make investing in Indian private companies easier and more secure.

 

Benefits of Going Digital

Switching to dematerialised shares offers many advantages:

  • Simplifies managing and transferring shares.
  • Reduces the risk of fraud and legal issues.
  • Makes it easier to pledge shares as collateral.
  • Improves transparency and traceability of ownership.
  • Streamlines compliance and reporting.

Conclusion

The move to dematerialised shares is a positive step towards a safer, more efficient system. While there are new compliance steps to follow, the benefits of easier share management, reduced fraud, and better business practices make it worthwhile.

By planning ahead and following the new rules, your company can smoothly transition to the dematerialised system and enjoy its many benefits.

 

Other essential reading/ links for reference:

·         MCA cicular
https://www.indiafilings.com/learn/revised-definition-of-a-small-company-2022/

·         https://www.equitylist.co/blog-post/dematerialisation-of-shares-by-private-companies-mcas-rule-9b

·         https://drive.google.com/file/d/1wx-Sak5g2rS6qC4vwT7DtjVELG2lM28M/view

 

 

Note: This blog is for informational purposes only, and may not be construed as legal advice. Please seek an expert’s opinion before actioning the above.

 

Understanding AIFs in India

What are AIFs?

Alternative Investment Funds are a class of pooled-in investment vehicles, which raise money from institutions and high-net-worth individuals, including Indian, foreign or non-resident Indians with a minimum ticket size of Rs.1 crore. As the name suggests, they provide an alternative to traditional forms of investments like direct equity, mutual funds, and bonds.

The privately pooled funds in AIFs are invested as per a defined investment policy in alternative asset classes such as venture capital, private equity, hedge funds, infrastructure funds, etc. This means they provide long-term and high-risk capital to a diversified set of ventures at all stages of their evolution. The investee universe includes pre-revenue stage companies, early and late-stage ventures, and growth companies that wish to scale their future operations.

In recent years, Alternative Investment Funds (AIFs) have gained significant traction in India's investment landscape. Offering diversification beyond traditional avenues like stocks and bonds, AIFs have attracted both institutional and individual investors seeking higher returns and exposure to alternative asset classes. Regulated by the Securities and Exchange Board of India (SEBI), AIFs are classified into three categories, each with distinct characteristics and investment strategies. Let's delve into each category to understand their nuances and potential benefits.

 

 

Category I: Mainstream AIFs

Category I AIFs comprise investment strategies that focus on venture capital, infrastructure, or small and medium enterprises (SMEs). These funds typically invest in startups, early-stage companies, or infrastructure projects, aiming for long-term capital appreciation. The objective is to foster entrepreneurship, support economic growth, and contribute to infrastructure development in the country. It also includes Angel Funds, Angel investors can be a corporate body with a net worth of at least Rs. 10 crores; an individual owning tangible assets valued at least Rs 2 crores excluding the value of his principal residence and having experience as a serial entrepreneur, senior management professional & early-stage venture investor; an AIF; or a registered VCF.

 

Key Features:

Investment Focus: Category I AIFs prioritize investments in sectors crucial for economic development, such as technology, renewable energy, healthcare, and infrastructure.

Long-Term Perspective: These funds have a longer investment horizon, often spanning several years, to realize capital gains as the invested companies mature or infrastructure projects become operational.

 

Category II: Private Equity Funds

Category II AIFs encompass a broad spectrum of investment strategies beyond Category I, including real estate, distressed assets, and mezzanine financing. These funds cater to sophisticated investors seeking higher risk-adjusted returns and portfolio diversification beyond traditional equity and debt instruments.

 

Key Features:

Flexibility: Category II AIFs enjoy more flexibility in investment strategies compared to Category I, enabling them to explore a wider range of opportunities across sectors and asset classes.

Risk-Return Profile: Investments in Category II AIFs involve higher risk due to exposure to less liquid and more volatile asset classes. However, they also offer the potential for higher returns, especially in specialized areas like distressed assets or real estate.

Active Management: Fund managers play a crucial role in identifying and capitalizing on investment opportunities, often employing active management strategies to enhance returns and mitigate risks.

 

Category III: Hedge Funds

Category III AIFs encompass funds employing diverse trading strategies, including leverage, derivatives, and short-selling, to generate absolute returns irrespective of market conditions. These funds cater to sophisticated investors seeking capital appreciation through active trading and risk management. However, hedge funds are expensive as fund managers can charge an asset management fee of 2% or more. They can also levy 20% of the returns generated as their fees.

 

Key Features:

Dynamic Strategies: Category III AIFs employ dynamic trading strategies to exploit market inefficiencies, volatility, and arbitrage opportunities across various asset classes, including equities, commodities, currencies, and derivatives.

Risk Management: Despite their aggressive investment approach, Category III AIFs implement robust risk management practices to protect investor capital and navigate market turbulence effectively.

Two types of Cat III funds: Long-only funds and Long-short funds. In Long-only funds, fund managers follow a strategy of buying and holding stocks like an equity mutual fund with a thematic idea, with no alternative strategy involved. They account for majority of Cat III funds and gained popularity compared to mutual funds due to lesser regulatory constraints.

Long-short funds are designed based on two types of asset allocation: Equity risk long-short and Debt-risk long-short. The Equity-risk long-short funds hold cash equities with a net exposure of 50%—100% and compete against large-cap equity funds. The Debt-risk long-short funds hold debt papers with a net exposure of 5%—25% and compete against arbitrage or short-term debt funds.

 

A Regulatory & Governance POV:

 

 

 

 

Where are we heading?

Recent years have seen the growth of the start-up culture in India, with government data showing the total number of recognized start-ups in the country at more than 1,12,000 as on October 3, 2023. This will further boost the investment opportunities available to AIFs and strengthen the segment.

AIFs provide a vital source of capital to start-ups or established companies, depending on the fund strategy, and offer diversification opportunities to investors as alphas decline for traditional asset classes.

As per SEBI, there are as many as 1,096 AIFs registered as on March 31, 2023. Of these, 157 and 235 AIFs have been registered with SEBI in fiscals 2022 and 2023, respectively, which is ~36% of the total number of AIF registrations. About two-thirds of the total AIFs have been registered in the past five years. Moreover, about 58% of the AIFs have been registered as Category II AIFs as of March 31, 2023.

In barely a decade, AIF has become one of the key segments in private markets in India. It has been growing at a steady pace, with a total commitment of Rs 8,338 billion as on March 31, 2023. The segment is expected to remain one of the fastest growing managed products categories over the next few years as more and more high net worth individuals (HNIs) and ultra-HNIs seek out differentiated products that give them an option to generate better returns on their investments.

Introducing Intellosync AI- the Legal assistant

Who is Intellosync?

Our portfolio company IntelloSync, is a contract lifecycle management software (CLM) that digitizes the entire workflow & processes of legal documentation. Their platform is built to handle a wide range of contract types, including legal, sales, finance, HR, marketing, and procurement. Powered by generative AI, the platform seamlessly manages every facet of the contracting process, from initial negotiation to final execution.

 

Introducing the Intellosync Copilot:

 

IntelloSync Copilot is an AI-powered personal legal assistant that helps you manage legal documents. Available on the Microsoft AppSource as a plugin for Word, the IS Copilot is all set to become the most trusted digital assistant for lawyers globally.

 

 

Key Features of the Co-Pilot:

 

1)     Contract Insights:

Intellosync CLM tool can generate initial drafts of contracts based on templates, previous contracts, and specific inputs provided by lawyers. One can use the Co-pilot to view the Name, Type, Stage, Priority, Origin and the age of the contract as well. This information is available under the Contract insights tab for a quick overview of the contract under study.

 

 

2)     Clause Wizard:

It can identify standard clauses, legal jargon, and industry-specific language, ensuring the accuracy and completeness of the document. The clause wizard helps you to edit the specific clause that it selected. It provides you a list of FAQs to choose from as shown below, and also has the ability to answer any clause specific question you might have.

 

 

3)     ContractIQ Assistant:

Engage with an AI Bot designed specifically for legal professionals. Legal teams and professionals can pose open-ended questions to receive tailored insights and guidance. Unlike the Clause wizard that analyses a specific clause, this feature sifts through the entire contract to identify potential issues, inconsistencies, and areas of concern.

 

 

4)     Playbook:

Legal teams can utilize AI to develop playbooks, providing a unified space for defining standard guidance. These playbooks are seamlessly integrated into Microsoft Word for easy accessibility by internal teams. Easily identify and flag potential contract risks according to your personalized review guidelines. You can check which Guidelines have Passed or Failed using the Playbook feature.

 

 

5)     Quick Guideline check:

This feature provides quick access to guidelines that could be relevant to the contract in question. Choose from a variety of contract review guides specifically tailored to your industry and the type of contract in question.

 

Journey towards Legal AI for all:

AI is revolutionizing the process by automating tasks like identifying key clauses, flagging potential risks, and ensuring compliance. This not only enhances efficiency but also improves accuracy, enabling legal professionals to focus on strategic analysis.

Implementing automated contract review processes and utilizing AI-powered tools can significantly reduce errors and save both time and money. Legal teams are no longer just cost centers; they're valuable assets that contribute to cost savings for their clients or enterprises. In fact, organizations that leverage AI for contract review can save up to 50% of their time and reduce costs by 30%.

Google’s CEO Sundar Pichai has an interesting prediction. In addition to AI making the legal profession better, he's "willing to almost bet" there will be more lawyers a decade from now, because “the underlying reasons why law exists and legal systems exist aren't going to go away because those are humanity's problems."

Scalable sales funnels

As a founder, once a product/ solution is developed the most important thing is to figure out a way of getting it in front of the right audience and converting them into customers at scale.

The pathway to success lies in crafting an optimized sales funnel that drives growth. We share some tactical advice on unlocking growth for founders:

Audience Segmentation

Start by deeply understanding your audience and tailor your messaging accordingly. Segmentation enables personalized engagement, fostering stronger connections.

Captivate with Compelling Content for Awareness

Educate and engage your audience with content that resonates with their needs. Blogs, videos, and webinars serve as powerful tools to showcase your expertise.

Irresistible Lead Generation Magnets

Entice prospects with valuable resources in exchange for their contact details. A compelling lead magnet acts as the catalyst for initiating meaningful interactions. Example: Offer an exclusive industry report or toolkit to showcase your expertise.

Conversion-Optimized Landing Pages

Streamline the conversion process with clear messaging and intuitive design. Simplify forms and include compelling CTAs to drive action. Example: Test different elements to optimize conversion rates, such as CTA placement and design.

Harnessing Automation for Efficiency

Automate repetitive tasks and nurture leads with personalized email sequences. Timely and relevant content keeps prospects engaged throughout their journey. Example: Set up automated follow-up emails based on user behavior to maintain momentum.

Effective Lead Qualification Strategies

Define clear criteria for lead qualification to focus your efforts on high-potential prospects. Example: Implement a lead scoring system based on engagement levels and demographics to prioritize follow-up actions.

Personalized Sales Approach

Tailor your pitch to address the unique needs and pain points of each prospect. Showcase how your solution provides value and solves specific challenges. Example: Reference recent industry trends or news to demonstrate relevance and insight.

Building Trust through Social Proof

Leverage customer testimonials and success stories to build credibility and trust. Social proof validates the value of your solution and instills confidence in potential buyers. Example: Showcase real-life examples of successful implementations and satisfied customers.

Simplifying the Buying Experience

Remove friction from the purchasing process to enhance the customer experience. Streamline checkout processes and offer convenient payment options. Example: Provide a hassle-free one-click checkout option for returning customers to encourage repeat purchases.

Continuous Improvement through Analytics

Regularly monitor funnel performance and iterate based on insights. Continuously refine your strategy to adapt to changing market dynamics. Example: Use analytics to identify bottlenecks and areas for improvement, then test and optimize accordingly.

Summary

Crafting scalable sales funnels is an ongoing journey that requires strategic thinking and continuous refinement. By implementing the strategies outlined in this guide, your business can unlock its growth potential and achieve sustainable success!

Post

Recent Posts

May 03, 2024