Question 1

What are the benefits of DPIIT Startup India recognition?

Accepted Answer

A DPIIT-recognised startup can claim a three-year tax holiday under section 80-IAC (within the first ten years), self-certify under several labour and environmental laws, access faster IP processing, defer ESOP perquisite tax, and become eligible for the angel-tax exemption regime and government funds-of-funds.

Question 2

What is the difference between a SAFE and CCPS for fundraising?

Accepted Answer

A SAFE (Simple Agreement for Future Equity) is a convertible instrument popular offshore but not a recognised Indian security; Indian startups typically raise via Compulsorily Convertible Preference Shares (CCPS) or convertible notes, which are FEMA-compliant and give investors preference and anti-dilution rights. We structure the instrument to be both investor-friendly and compliant.

Question 3

Should my startup flip to a Delaware or Singapore holding structure?

Accepted Answer

A flip can help access global investors and customers but triggers FEMA, transfer-pricing, valuation and exit-tax considerations, and the 'round-tripping' and ODI rules. We model the tax cost and compliance of a flip versus staying India-domiciled, and execute it compliantly where it makes commercial sense.

Question 4

How should founders structure their cap table early on?

Accepted Answer

We recommend clean founder vesting, an adequately sized ESOP pool, a single class of equity until institutional rounds, and CCPS for investors — documented in a shareholders' agreement. Getting this right early avoids dilution surprises, down-round friction and tax leakage at exit.

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