Overview and History After the Asian Financial Crisis in 1997, South Korea’s private equity market attracted a multitude of global investors, particularly in the distressed and buyout market.1 In fact, foreign funds such as New Bridge Capital and Carlyle were major players in the corporate restructuring process after the financial crisis.2 It was only in…
Tag: International
Berlin the New Tech Startup Hotbed?
“The intersection of art and technology,” exclaimed the founder of SoundCloud, Alexander Ljung, when asked about why Berlin is a great place for startups.1 Young people are drawn to Berlin because of its “raw, artsy atmosphere that rivals Brooklyn’s as an icon of global hip.”2 Is Berlin’s startup scene merely a mirage or is Berlin…
How the Foreign Account Tax Compliance Act Will Impact Foreign Financial Institutions and How to Incentivize Compliance
What is FACTA and who is affected by it? The Foreign Account Tax Compliance Act (FATCA), coming into effect in July 2014, requires any Foreign Financial Institution (FFI) that elects to comply with the Act to do three things: 1) identify its U.S. account holders; 2) annually report the account holders to the IRS; and 3) withhold…
Strategic Deregulation: Potential Impacts of Allowing Foreign Private Equity Fundraising in China
How the Chinese government chooses to open up sectors of its financial industry will dictate the returns that investors may receive. Recent deregulation is beneficial because it affords Chinese investors an alternative avenue to invest savings, but significant hurdles remain before domestic private equity (PE) funds will be able to reinvest in domestic startups. The…
Legal Barriers to Japan’s Venture Capital Industry
Although Japan is one of the leading countries in the world in terms of GDP, the success of its venture capital industry is questionable, especially when compared to that of the US. In Japan, there are about 1,500 venture capital deals annually, valued at $1.9 million per deal, whereas in the US, there are about…
The Dodd-Frank Act – Volcker Rule: More Strain on Foreign Banks Operating in the U.S. Today
The Dodd-Frank Act was enacted on July 21, 2010 after intense debate within the investment banking industry and the political realm in Washington D.C. to address the consequences of the “Lehman Shock” and other lessons learned from the 2008 financial crisis that affected the world economy.1 One area that congress did not consider in depth…
Not Just Another Face in the Crowd: OurCrowd’s Equity Crowdfunding Success
Crowdfunding is “the practice of funding a project or venture by raising many small amounts of money from a large number of people, typically via the Internet.”1 One of the most recognizable names in crowdfunding is Kickstarter. Kickstarter allows any person to create an account and donate any amount of money to a project they…
Venture Capital in Emerging Markets
With Silicon Valley dominating the venture capital arena,[1] it is easy to overlook the significance of investments occurring in smaller markets. In 2011, roughly $3.4 billion of venture capital investments were made in emerging markets such as Brazil and India[2] with many more made in more established, yet still relatively small, markets such as China and Israel.[3] In fact, despite remaining the world-wide leader in venture capital, the United States is no longer as controlling a market economy as it once was.[4] The move into emerging markets is attributable in part to troubles in traditional markets.[5] As pre-money valuations continue to rise due to increased competition,[6] fund managers are finding it increasingly difficult to realize returns that keep investors close to home.[7] Consequently, venture capital firms looking for the “next big thing” are making significant investments in emerging markets.[8]
Brazil
While Brazil’s private equity market has seen significant progress in the past decade, venture capital seems to be lagging behind.[9] Due to illiquidity and a relative lack of exit opportunities, global funds are apprehensive about investing in Brazil.[10] Consequently, the venture capital market’s primary investors are local pension funds, the Brazilian National Development Bank, and other domestic institutional investors.[11] Moreover, the relatively long maturation period for most investments leads to a depressed internal rate of return, making investment in Brazil less attractive.[12] Nevertheless, a strong private equity market spells exit options for Brazilian companies and has helped attract at least some venture capital investors.[13]
China
In 2011, China surpassed its previous record in both dollar amount raised and number of investments entered into.[14] A variety of factors contributed to the country’s all-time highs, including government support for venture capital, a soaring GDP growth rate,[15] ample exit opportunities,[16] high price-earnings multiples, demand for shares in newly listed companies, and the overall strength of late-stage private companies looking for equity in preparation for an initial public offering.[17] The increasingly positive outlook of venture capital in China has not gone unnoticed, drawing the attention of global investment funds such as the Carlyle group and Sequoia Capital.[18] Despite this attention, domestic funds continue to spring-up and grow at very fast rates.[19] Like many other global venture capital markets, China exhibits a strong focus on cleantech, internet technology and e-commerce.[20]
India
Despite a historical focus on the internet and telecom sectors, India’s venture capital market over the coming decade is predicted to revolve around innovations in both technology and business models in areas such as e-commerce, mobile applications, health care, medical devices, clean-tech and IT.[21] However, the expected paradigm shift is not without its challenges. With roughly 400 funds in operation, valuations in India are growing fast and creating apprehension among potential investors.[22] Nevertheless, India’s rapid GDP growth, its proliferating middle class,[23] and its increased attention to early-stage investments is likely to continue drawing investors in the near future.[24]
Israel
Unlike China and India, the Israeli venture capital market is currently struggling.[25] The continued success of domestic firms will depend largely on their ability to raise follow-on funds in the coming years.[26] In 2011, 75% of capital invested came from United State funds, particularly for investments exceeding $50 million.[27] Exacerbating the situation is Israel’s relatively weak IPO market,[28] making acquisition the most practical exit option.[29] Notwithstanding the seemingly grim outlook painted by market analysts, at least one Israeli venture capitalist is optimistic about the near future of Israel’s venture capital market.[30] Daniel Cohen[31] predicts that the optimal Israeli fund over the next decade will most likely be “dedicated [to] health care, tech or cleantech” and will control between “US$100 million–US$200 million . . . with a strong local presence complemented by excellent global access.”[32]
As globalization flattens the investment playing field, venture capital is seeing a shift from traditional markets to emerging markets around the globe. With innovations in countries like China and India growing at astonishing rates, it may not be too long before Silicon Valley becomes an equal player in a truly global marketplace.
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[1] See Ernst & Young, Globalizing venture capital: Global venture capital insights and trends report 6 (2011) [hereinafter Globalizing venture capital] available at http://www.ey.com/Publication/vwLUAssets/Globalizing_venture_capital_-_Global_venture_capital_insights_and_trends_report_2011/$FILE/Globalizing_venture_capital_Global_venture_capital_insights_and_trends_report_2011.pdf; see also, WilmerHale, 2012 Venture Capital Report 6 (2012) available at http://www.wilmerhale.com/files/upload/2012_VC_Report.pdf.
[2] VC Clone Home: Making money by bringing old ideas to new markets, The Economist (June 2, 2012), http://www.economist.com/node/21556269 $3.4 .billion is over double the amount invested in 2008.
[3] Globalizing venture capital, supra note 1, at 6.
[4] Jennifer Kho, Following the Money: Venture Capital Flocks to Emerging Markets, Daily Finance (Mar. 28, 2011, 10:00AM), http://www.dailyfinance.com/2011/03/28/following-the-money-venture-capital-flocks-to-emerging-markets/
[5] VC Clone Home: Making money by bringing old ideas to new markets, supra note 2.
[6] There are currently over 350 venture capital firms trying to raise $50 billion dollars in North America. Id.
[7] Id. See also, Vijay Govindarajan, What Venture Capital Can Learn from Emerging Markets, Harvard Business Review (Feb. 17, 2011, 3:10PM), http://blogs.hbr.org/govindarajan/2011/02/what-venture-capital-can-learn.html
[8] Kho, supra note 4.
[9] See Globalizing venture capital, supra note 1, at 21 (interview with Clovis Meurer, Partner and Senior Executive at CRP Companhia de Participações). On the one hand, when asked to describe the history of venture capital in Brazil, Clovis Meurer paints a picture of a flourishing market starting in 2005, where “the Brazilian stock market was booming, with a lot of new IPOs and a very good exit environment.” However, when asked about the biggest obstacles in the path to a larger Brazilian venture capital market, Meurer notes that for global funds to “invest in Brazil they need to see more liquidity than there is currently” and that “exit opportunities, especially by way of the local stock exchange, are still maturing.” Id.
[10] Id. The stock exchange in Brazil is still developing leaving relatively little opportunity for domestic IPOs.
[11] Id.
[12] The average maturation period of venture capital investments in Brazil is between five and seven years. Id.
[13] Id.
[14] Id. at 22.
[15] China’s GDP growth rate surpassed that of the United States and Europe by over 400%. Id.
[16] Domestic IPOs comprise over 90% of venture capital backed exits in China. Id. at 24. Additionally, China has seen a rapid increase in the number of private acquisitions; up nearly 400% from 2008 to 2010. Id. Moreover, the median turnaround for a VC-backed company was just slightly over 4 years. Id.
[17] Id. at 22.
[18] Id. at 23.
[19] Id.
[20] Id. at 25.
[21] Id. at 26
[22] Id.
[23] India’s rapid growth in domestic consumption is leading venture capital firms to invest in “companies that are capitalizing on the proliferation of wealth.” Id. at 27.
[24] Id. at 26.
[25] Id. at 34.
[26] Id.
[27] Id.
[28] See id. at 35. A major contributing factor is low valuations for Israeli companies in foreign markets. Id.
[29] Id.
[30] Id. at 36
[31] General Partner of Gemini Israel Funds. Id.
[32] Id.
Russia and the WTO: The Private Equity Outlook
Russia’s ascension into the World Trade Organization signaled an expected, but nonetheless major, opening of the Russian economy. Russian membership in the WTO will dramatically lower tariffs for both Russian exports and imports into Russia. These developments, coupled with Russia’s growing middle class, global engagement through the 2014 Winter Olympics and 2018 World Cup, and market reforms, seemingly transform Russia into a hotspot for private equity investment.[1] However, the actual picture is far from rosy. Despite ending its holdout as the last G20 nation not in the WTO, Russia will continue to challenge private equity investors through both structural and legal barriers.
Many forecast the effects of Russian membership to be similar to those of China’s. After joining in 2001, China’s exports rapidly grew and its economy adjusted to meet the rising global demand for cheap Chinese exports. But simply put, Russia is not China. Though Russia’s economy is also based on exports, these exports are often commodities rather than cheap products buoyed by low wage costs. Additionally, state ownership and interventionism remains the norm in the attractive commodity sectors, meaning that Russia will be slower to adapt new reforms to compensate for the opening of its markets. [2]
This is particularly significant for private equity companies aiming to invest in Russia. While barriers to foreign investment in the crown jewels of the Russian economy (oil and gas companies) are unlikely to be removed, more foreign investment could flow into Russia’s manufacturing sector. Between 2007 and 2011, the manufacturing sector accounted for 51% of investment projects and 92% of job creation. Other similar sectors, such as the industrial and food sectors, also attracted a high number of projects and significant foreign investors. With newfound access to European markets, these sectors should experience an influx of private equity investment in the near future. [3]
Despite Russia’s economic structural limitations, private equity investors remain confident in Russia’s future growth. [4] The main reason for this confidence is Russia’s growing domestic market. Due to rising wealth levels, about 25% of Russia’s population now calls itself middle class. [5] This is a stark contrast to the oligarch-driven wealth gap that typified Russian society in the 1990’s and early 2000’s. Russian companies, already experiencing a trade surplus, will look to capitalize on the growing middle class rather than exporting to new markets. However, the specter of European competition in Russia’s markets will necessitate expansion and an influx of both domestic and foreign private equity.
While economic forces have seemingly aligned to attract investors, Russia’s culture of bureaucratization and corruption continues to ward off private equity. Additionally, the politicization of Russia’s economy also creates a major barrier for American companies. Currently, the US and Russia do not have normal trade relations due to the Jackson-Vanik Amendment, thus the US is precluded from using WTO mechanism to challenge Russia’s higher tariffs on American goods. Strict government regulation of foreign investment and corruption at all administrative levels further complicates private equity investment in Russian companies. However, investors who have already successfully navigated these barriers remain confident in future growth. For new investors, the risks may be justified by the increasing rewards of Russian companies expanding inward to a robust domestic market.
[1] Positive Outlook for Russian Investment as it Joins WTO , Ernst & Young Emerging Markets Center (Sep. 7, 2012), http://emergingmarkets.ey.com/positive-outlook-for-russian-inward-investment-as-it-joins-wto/
[2] Matthew Philips, Don’t Get Too Excited About Russia’s WTO Deal, Bloomberg Businessweek (Aug. 22, 2012), http://www.businessweek.com/articles/2012-08-22/dont-get-too-excited-about-russias-wto-deal
[3] See note 1, supra.
[4] Lena Smirova, Russia Climbs Up Investment and Business Climate Rankings, The Moscow Times (October 25, 2012), http://indrus.in/articles/2012/10/25/russia_climbs_up_investment_and_business_climate_rankings_18629.html
[5] See note 1, supra.
Growing Singapore’s Venture Capital Industry
What is the state of venture capital and entrepreneurship in Singapore? For six years in a row, the World Bank has named Singapore the friendliest country in which to conduct business.[1] Its business friendly laws, well educated population, and easy to absorb culture have combined to make Singapore one of Asia’s financial and commercial centers. [2] The amount of venture capital funding for small medium sized enterprises, however, lags behind that of other countries. Recently, Singapore has attempted to rectify the situation by encouraging technology startups and venture capital.
Is the problem the people, or a lack of financing? According to one survey, conducted by the Zoltan Acs of George Mason University and Erkko Autio of the Imperial College Business School, it is not necessarily the people; Singapore has a population with entrepreneurial spirit and aspirations, but lacks access to venture capital finance.[3] In 2011, there were less than twenty venture capital funds focused on investing in Singapore based businesses. [4]
Over the past year, the Singaporean government has attempted to bolster venture capital investment in Singapore. One way in which it is doing this is to increase the amount of funding available from the government itself. In 2011, the government had around $300 million of funding available to startups. Recently this year, Singapore’s National Research Foundation, a governmental department, announced that it would make approximately S$4 billion in additional funding available for startups.[5] It is, however, currently unclear exactly how, when and to whom the funds will be dispersed.
The Singapore government has also increased other resources available to startups. For example, the Singaporean government is providing startups with office facilities, training, and mentoring.[6] Additionally, the government has a tech incubator, and various incentive programs such as a three-year tax exemption and joint funding options. [7] Finally, the number of contracts between government research departments and entrepreneurs has tripled over the past year. [8]
There is one catch with these programs; in order to gain access to many of these government programs, a startup company must be at least partially owned by a Singaporean person or business entity.[9] Thus, foreigners looking to start companies in Singapore must either find a Singaporean cofounder, or give equity to Singaporean VCs or government funds. [10] Very new startups will also struggle to bring foreigners to Singapore, as the government’s visa program imposes minimum paid-in-capital and local hiring requirements. [11]
Investment activity is not entirely government driven, however. [12] Singapore is a large financial center and, in 2011, its private equity and venture capital sector has an estimated $26.5 billion in total assets under management. [13] Of that total, a 2011 PriceWaterhouseCoopers survey found that $500 million was invested in venture capital deals with startups inside Singapore. [14]
The private venture capital industry appears to be growing since that survey. The Singapore Venture Capital and Private Equity Association’s membership is increasing every year.[15] Recently, Facebook co-founder Eduardo Saverin gave up his American citizenship, and moved to Singapore to invest in startups. [16]
Singapore makes for an attractive destination for investors due to low corporate and personal tax rates, highly educated population, its business friendly government, and position as a regional hub for conducting business in other Southeast Asian countries. [17]
Despite these advantages, however, Singapore remains a small country of only five million people, limiting the growth opportunities for domestic companies, and making its domestic market unique in ways that may not translate easily to other places. [18] Overcoming the limitations of the domestic market for goods and services is one of the key challenges for startups seeking to attract capital; startups must be able to show how they will reach markets outside of Singapore.[19]
[1] Anthony Kuhn, Singapore’s Rising Tech Industry Draws Expat Innovators and Investors National Public Radio, (Sept. 17, 2012), http://www.capradio.org/news/npr/story?storyid=161267393.
[2] http://www.ivcpost.com/articles/5939/20120928/economist-reviews-asias-tech-start-up-environments.htm; http://news.asiaone.com/print/A1Business/General%2BNews/Story/A1Story20120928-374378.html
[3] Jo-Ann Huang, Venture Capital Industry Needs More Support, Channel News Asia (Mar. 23, 2011), http://www.channelnewsasia.com/stories/singaporebusinessnews/view/1118413/1/.html
[4] Id.
[5] Singapore Offers $4bn Funding to Startups , PRWeb (Sept. 10, 2012), http://www.prweb.com/releases/SingaporeStartup/4bnFunding/prweb9884734.htm
[6] Eileen Elliott, Economist Reviews Asia’s Tech Start-Up Environments, International Venture Capital and Private Equity News (Sept. 28, 2012), http://www.ivcpost.com/articles/5939/20120928/economist-reviews-asias-tech-start-up-environments.htm.
[7] Jacky Yap, A Taiwanese Opinion on Singapore for Foreign Startups, E27 (Oct. 3, 2012), http://e27.sg/2012/10/03/a-taiwanese-opinion-on-singapore-for-foreign-startups/
[8] Singapore Offers $4bn Funding to Startups , PRWeb (Sept. 10, 2012), http://www.prweb.com/releases/SingaporeStartup/4bnFunding/prweb9884734.htm
[9] Jacky Yap, A Taiwanese Opinion on Singapore for Foreign Startups, E27 (Oct. 3, 2012), http://e27.sg/2012/10/03/a-taiwanese-opinion-on-singapore-for-foreign-startups/
[10] Id.
[11] Id.
[12] Bernard Leong, A Map on Venture Capital in Singapore, SGE (Mar. 5, 2009), http://sgentrepreneurs.com/2009/03/05/a-map-on-venture-capital-in-singapore/
[13] Nisha Ramchandani, S’Pore a Magnet for PE and VC Firms, AsiaOne (Oct. 1, 2012), http://news.asiaone.com/print/A1Business/General%2BNews/Story/A1Story20120928-374378.html
[14] Id.
[15] Singapore Offers $4bn Funding to Startups , PRWeb (Sept. 10, 2012), http://www.prweb.com/releases/SingaporeStartup/4bnFunding/prweb9884734.htm
[16] Anthony Kuhn, Singapore’s Rising Tech Industry Draws Expat Innovators and Investors National Public Radio, (Sept. 17, 2012), http://www.capradio.org/news/npr/story?storyid=161267393.
[17] Id .
[18] Id., Jo-Ann Huang, Venture Capital Industry Needs More Support, Channel News Asia (Mar. 23, 2011), http://www.channelnewsasia.com/stories/singaporebusinessnews/view/1118413/1/.html
[19] Id.