Startup ecosystem · Cap Table
Convertible notes and SAFEs in Indian context
Updated . Every paid answer is checked by a CA. Free AI answers are labelled until a CA verifies them.
Facts
SAFE (Simple Agreement for Future Equity) is not legally recognised in India the way it is in the US. Indian startups must use Compulsorily Convertible Debentures (CCD) or Optionally Convertible Debentures (OCD) as the closest equivalent for pre-priced angel rounds.
Provisions and law
- FEMA RDB Rules 2000 | RBI ECB Guidelines | Compulsory Convertible Debenture rules
Analysis
CCD: Debt instrument that mandatorily converts to equity at the next priced round or a defined event. Has a valuation cap and discount (like a SAFE). Does not require a fixed valuation at issuance. RBI allows CCDs under the FEMA framework for foreign investors. Tax on conversion: Conversion of CCD to shares is not treated as a transfer for capital gains purposes, no tax event at conversion. Tax event occurs only at sale of resulting shares.
Conclusion
Talk to a Savvy for the exact next step on your case.
A Savvy can do this for you
Convertible notes, CCPS and CCDs for startups (Companies Act and FEMA)
Quote
Get this doneAsk a Savvy on WhatsAppGeneral guidance from TaxSavvy’s library of money processes. Laws change; your Savvy confirms the answer on your exact case before anything is filed.
People also ask
- Capital protection structures: principal-protected notes for conservative HNI
- PMJAY: ₹5L free health cover for 55 crore Indians (check if you qualify)
- Credit notes causing DRC-01B mismatch
- Pre-Seed: Friends, Family, Angels
- CCPS: what preference shares really mean at exit
- Credit notes issued after year end in GSTR-9C