Domestic venture debt

In this session on Domestic venture  debt, we talk about a recent announcement by Government of India, that relaxed the provision on raising debt from domestic non-banking sources of funds. Sanjay Khan speaks on the subject in below embedded video.

What is the problem, that this new announcement on domestic venture debt solves?

Private companies can raise debt funds in a restricted manner only. They could raise debt from some allowed sources. These could be like company directors, their relatives and other companies etc. But, not from sources like angel funds, domestic VCs who are not companies. A debt raised from such sources fell under deposits category.

To accept ‘deposits’, companies need to follow number of conditions, which are quite tedious.

What is the new announcement?

As per sub-clause (iii) of Clause 68 of Section 2 of Companies Act, 2013 definition of Private Company, “means a Company which by its articles prohibits any invitation to the public to subscribe for any securities of the Company”.

The new announcements open up some new avenues of raising debt funds from domestic markets.

These new sources of funds, added to this non-public funds category are funds registered and operating under SEBI’s regulated regime. Following are these three new sources

1. Alternative Investment Funds (AIFs)

2. Domestic Venture Capital funds

3. Mutual Funds

Prior to this announcements funding from these sources was treated as deposits and not loan.

What are the limits of announcements?

Whereas this announcement opens up these three highly potential sources of domestic debt funding, it is limited to Rs. 25 Lakhs only.

So the announcement is likely to benefit startups in their early phase.

The other good part is that, this is not limited to recognised Startups or startups registered under StartupIndia with DIPP. It is open to any private company hence it can apply to any startup.

The announcement adds up to efforts made by Government of India in creating better environment for funding. It is a step forward in the direction.

iSPIRT believes and is further taking up with the Government to not limit this provision to Rs. 25 lakhs.

The video below covers this topic with Sanjay Khan, the expert who was instrumental in building up the stay-in-india checklist of iSPIRT.

Investment above Fair Market Value – no more Angel tax for Startups

In this session we take up a long pending issue of “Angel Tax”. It has been given partial reprieve recently, under StartupIndia plan. We also discuss how startups can raise money from Angels, without getting trapped in fair market value rule of finance act 2012.

Sanjay Khan speaks on the problem, the latest announcement and the way out for startups to raise equity without DIPP route, in the below given google hangout video.

What is this issue of Angel Tax? And what changes after new announcement?

Startups receive equity infusions from various sources. One of the most lucrative and internationally prevalent source is the Individual investor (Angels).

In India income tax department is skeptical about angel investment. This is because, at times angel investment was misused to channelize black money. Artificial valuations is mostly the doubt in mind of income tax authorities.

As per, Finance Act 2012, capital raised by an unlisted company from any individual against an issue of shares in excess of fair market value would be taxable as ‘income from other sources’ under Sec 56 (2) of the I-T Act. This came to be popularly called as angel tax.

So, if fair market value is say e.g. Rs. 10 per share and a startup receives Rs. 15 investment from an Angel investor. Income tax treats this difference i.e. Rs. 5 per share, as income.

As per the above provisions, the angel investments are subject to assessing officer’s approval. The jurisdictional assessing officers of income tax enjoy the discretionary powers. Instances of misuse of these discretionary powers by assessing officers created problems for startups.

Many startups are not serious about the documentation. Mostly, such startups get into problems due to lack of documentary evidence about their valuations.

Govt. of India recently announced a change under StartupIndia policy of DIPP. A Central Board of Direct Taxes notification, dated June 14, made the required changes to Section 56(2)(viib) of the Income-Tax Act, exempting startups raising funds from angel investors. This is limited to the startups approved by DIPP.

Is it available to all DIPP registered startups?

No, not to all startups approved or recognised by DIPP.

There are three kinds of startups now.

(a) General Startups, that have not applied to DIPP or are not even eligible to apply to DIPP.

(b) those who applied and got recognised by DIPP but did not apply for Income tax exemption.

(c) those who fall under (b) and also got the income tax exemption approval of the inter ministerial board of DIPP.

Only the third (c) category of startups are eligible. These startups need not worry about the assessing officer discretion now. The benefit is available so long as they enjoy the income tax exemption under startup policy.

So, if this is not applicable to all startups, does it mean other startups cannot raise equity from Angel investors at all?

The Finance act 2012 provision does not bar angel investments. Startups not under (c) above can raise the investment from Angels (individual investors). The limitation is that the valuations in such cases will  be subject to examination by assessing officer approval.  They have to extra careful about the valuation at each round of funding.

Such startups should get a professional third party valuation reports. Get a valuation reports for all rounds of valuations with proper documentary proofs. You can face the assessing officers with proper documents without any fear.

The recent hype created in media was mainly arising from down rounds. That is when the new round of investment was done at a lower rate than the previous round. This led to income tax doubting the misuse.

In such challenging valuation situations like down round valuations, the startup can get a professional third party valuation from 2 or 3 sources. This way they can deter the assessing officer’s misuse of discretionary power as well as stand any litigation test, if put through.

In essence, a startup can raise honest angel investment at right fair market value. A professional valuation exercise with all objectivity can help you cover the risk.

iSPIRT’ stand

Startups ecosystems in developed countries enjoy a favourable investment climate that proactively promote and protect the angel’s investments.

Government of India should show give clear signal of favourable investment climate in the country.

Government of India should think of measures that can deter black money getting invested in the Startups, instead of doubting each and every investment. For this Govt. should repeal the the provision introduced by finance bill 2012 should. Discretion to assessing officer is not serving the cause of building investment climate.

India seriously needs a policy that promotes angel investments in general, with responsibility of money invested taken by investors rather than Startups.

Stay-In-India Checklist – Successes So Far And The Path Forward

Over the past few months, we have witnessed a number of policy changes focused on creating a conducive environment for startups and entrepreneurship in India. Some changes go beyond the startup ecosystem and attempt to resolve the issues faced by companies/investors in general. A common feature in most such changes is iSPIRT’s Stay-in-India Checklist (SIIC). The SIIC comprises 34 issues, which were extracted from a larger list of 120+ issues, put together by the iSPIRT team after extensive consultation with various stakeholders.

With the 29th June notification of the MCA amending the Deposit Rules, a total of 29 SIIC issues have been addresses/acknowledged by various government departments. Some of the key changes that have taken place pursuant to SIIC are as follows:

  • Angel tax: Monies received by a company from certain resident investors (including angel investors) which are in excess of the fair market value of shares issued against such monies, are taxed as income in the hands of such company. This leads to significant hurdles in domestic angel investments (other popular modes of investments are exempted from this tax). Now, startups that are approved by the inter-ministerial board formed by DIPP (“Approved Startups”) have been exempted from this requirement.
  • Harmonisation of tax policy for listed and unlisted equity instruments: There is unnecessary disparity between holding periods for listed and unlisted shares for claiming long term capital gains benefit in relation to them. While the holding period for listed shares is only 12 months, for unlisted shares, it was 36 months. This, despite the fact that investment in unlisted shares, such as those of startups, carry higher risk. Now, this period has been reduced to 24 months. This relaxation is available to all companies, irrespective of them being startups.
  • Favourable tax regime for IPR: In the past several years, India has experienced that the ownership of IPR created in India does not reside in India, as tax regime for IPR in other jurisdictions is more favourable. Now, income by way of royalty in respect of a patent developed and registered in India will be taxed at 10%. This relaxation is available to all companies, irrespective of them being startups.
  • Convertible notes: One of the most popular instruments abroad for startups to raise early stage funds, convertible note, is not expressly recognised in India, and could be considered to be a form of ‘deposit’ which can be taken by a company only from its existing shareholders/ directors. Now, convertible notes of up to INR 25 lakhs per person have been permitted for startups that have registered on the StartupIndia portal (“Registered Startups”).
  • Indemnity escrows and deferred consideration: In FDI transactions, use of escrow mechanisms for indemnity arrangements and payment of deferred consideration required prior approval of the RBI. This created significant hurdles in acquisition of Indian companies by non-residents (since these terms are standard in acquisition transactions globally, and all acquires expected them in Indian acquisitions as well). Now, these mechanisms have been permitted for a period of up to 18 months and for an amount of up to 25% of the consideration under the automatic route (without the prior approval of the RBI). This relaxation is available to all companies, irrespective of them being startups.
  • Transfer from FVCI to non-resident: There is uncertainty around the transfer of shares of an Indian company by an FVCI entity to a non-resident entity. While certain custodians allow such a transfer without an approval of the RBI, other custodians require prior approval of the RBI before proceeding with such transfer. Although there is no specific regulation that requires FVCI entities to obtain prior approval of the RBI for such transfers, given the aforesaid difference of opinion among custodian (which results in delays in M&A transactions), there was a need for the RBI to clarify this issue. Now, Registered Startups have been exempted from this requirement.
  • Restriction on FVCIs from investing in all sectors: Foreign venture capital investors (FVCIs) are permitted to invest in only certain specified sectors. This is largely owing to the list of permitted sectors set out in registration certificates issued by authorities to FVCIs. Now, FVCIs are permitted to invest in all Registered Startups, regardless of the sectors they have been engaged in.

In addition to the above, the following issues have also been recognised by various government departments. The changes to resolve these issues have either been notified, or have been announced to be notified in due course:

  • Collection of foreign monies by residents in India on behalf of non-residents
  • Online filing of forms for cross border transactions
  • Simplification of incorporation process
  • Share swaps in FDI transactions
  • Venture debt not be categorised as deposits
  • Acquisition of overseas company with an existing subsidiary in India
  • Foreign subsidiaries of Indian companies investing back into India
  • Relaxation of external commercial borrowing guidelines for startups
  • Simplifying process of conversion of LLP into a company
  • Exclusion of private companies from the term ‘listed company’
  • Grant of ESOPs to promoters and independent directors
  • Single window agency for closure of failed startups
  • Permitting outbound mergers
  • Simplifying the process of private placement
  • Applicability of provisions relating to insider trading on private companies

As one would note, a significant number of material issues have either been addressed or are in advanced stage of being addressed. iSPIRT continues to interact with the government to get further relaxations on these issues, as some relaxations are restricted only to Approved Startups or Recognised Startup, or are simply limited in scope. iSPIRT also continues to push for resolution of other issues which have either not been addressed so far or are new and have not been covered in SIIC.

The iSPIRT Roundtable @Pune – 11 Startups share Metric Driven Growth Secrets

As a startup founder or growth marketer, you obsess over metrics: what is my lead-generation rate, how many customers did I win or lose, how is my monthly revenue growing, or how many customer referrals did I get? Analytics is critical for your business, without which you’re flying blind. However, data overload is real and you might not derive the right actionable insights.

To simplify metric-driven growth for product startups, iSPIRIT, on 18th June 2016, organised a half day roundtable of 11 product startups in Pune. The roundtable was moderated by Paras Chopra, Founder, Wingify and Sanket Nadhani, Growth Marketer, Wingify.

The discussion was structured in a way where attendees spoke about the 3 metrics that are most important to them, an “uncommon” metric that they track, and their expectations from the roundtable. The format was kept fluid with attendees pitching in with thoughts and interesting ideas. At the end of this, all of us saw an exciting video about using Lean Analytics for growing your business.

As a growth marketer, I found interesting growth tactics that these startups use and some insightful metrics that they track. I have structured these in Dave McClure’s famous AARRR pirate-metric framework for SaaS businesses.

 

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Acquisition

Where do I get customers from?

Acquiring new customers is hard. Especially for newly born startups. The best way probably is to just throw mud everywhere and see where it sticks. Once you’ve identified a performing channel, or hopefully multiple channels, you build strategies around them to ramp up acquisition.

Invariably all the startups agree tracking the number of enquiries (opportunities) and their conversion rates across channels is crucial. Paras was of the opinion that keeping an eye on weekly trends on the performance of acquisition channels will help uncover tipping points of when the channel is about to take off or when it’s time to forget about a channel if it has not been performing for a while. To identify optimal acquisition channels, Sandeep Khode, WordsMaya, tells us to ask your customers where they came to know about you. Though it’s a manual process, it helps them to identify users’ exact search terms, which is very useful for keyword optimization. WordsMaya leverages Quora to acquire customers by answering questions or starting a topic.

Jayesh Kariya, VP Finance, TouchMagix, contributed an interesting idea that maintaining a trend of number of prospects lost every week is an eye opener. This lends the idea that your startup should improve its own performance week-on-week.

Landing pages and pricing pages plays an important part in customer acquisition. However, due to information overload, 55% percent of visitors spend fewer than 15 seconds on a new website. Optimizing landing page was a top priority for everyone. Paras told us that a landing page should tell a complete story; it should give all the information that the visitor wants in as few words as possible. Amit Mishra, CEO, InterviewMocha shared an excellent framework, HABITS, to design landing pages. He also says that inserting call to action buttons on your own blog posts gives a click-through rate of around 2%, effectively using your own website as an acquisition channel.

Habits_for_Conversion_Optimized_Landing_Pages

 

Activation

Oh! I got 1000 signups in a day but nobody used the product.

This sucks, right? To improve activation rates, answer this question: once someone signs up, how quickly can she actually use your product? In other words, how soon does she realise the product’s value proposition? If it’s not soon enough, the user goes away never to return.

The onboarding experience of a user should be smooth and, importantly, short. You should NOT ask a user to fill out a form with more than four fields. Some of the tactics and metrics that were discussed –

  • Keep the on-boarding experience short. Examining onboarding experiences of other companies will help you design your own.
  • Measure the ratio of number of users who sign-up to number of user who complete onboarding. Make sure that you measure every step if you have a multi-step onboarding process.

Retention

I signed up a 1000 users a month back. Today, only 10 of them are using my product.

Customer Retention is the real growth accelerator. The math is quite simple: 1 – 1 + 1 = 1. If you don’t retain customers, there’s no use acquiring them. Here’s a great infographic with helpful tips to boost customer retention and reduce churn.

Vrushali Babar, Founder, Meatroot, a B2C business, says that it’s crucial for her to retain her customers. She says that sentiment analysis of what her customers are saying online is indispensable. She currently does it manually on Twitter or Facebook but using a tool like Sentiment140 or BuzzLogix could be useful.

A useful exercise could be developing a dashboard that plots the engagement of users with your product on a daily basis. The philosophy is that a customer who is not engaged will leave. Such a dashboard will give you a snapshot of when engagement of a customer is on the decline so that you can take proactive action before the customer cancels. Another useful metric, for SaaS businesses, is to measure the number of sessions for a user during the trial phase. This will let you know which users are more likely to convert to a paid subscription.

To demonstrate how important is customer retention, Sagar Bedmutha, CEO, Optinno Mobitech takes this issue to an obsessive level. When a user submits a rating of less than 4 on their app on the Play Store, he tracks the user, fixes the bug, and sends a test app to the customer! He says, this personal touch often makes the user change her rating and helps Optinno maintain good ratings, the primary driver of app installs.

Paras contributed a great insight on how to properly measure churn rates. He says, that measuring the average churn rate doesn’t help uncover the reason for the churn. Instead, you should do a churn cohort analysis, that is, measure the churn rate segmented by customer cohorts. Examples of cohorts could be the number of months a customer used the product before leaving, the specific features churned customers use, etc.

Screen Shot 2016-06-24 at 11.12.51 AM

 

Let’s say you have 100 customers and 5 of them leave in a given month. Your churn rate turns out to be 5%. However, the graph above makes it clear that the churn is much higher for customers who are less than 6 months old after which the churn is much lower. This points to a problem with activation: customers drop off when they are not fully activated.

Revenue

I have over a 1000 customers, but I am not making any money.

A bad problem to have! Businesses should make money from the customers they serve. This, seemingly obvious, fact sometimes slips away when you are working on many things. Measuring how much revenue you’re generating month-on-month (monthly recurring revenue) is indispensable.

Not only should you track revenue growth, you should work towards increasing it in ways other than signing up new customers. A great way to do that for SaaS businesses is upselling. Upselling lets you get more revenue from one customer and help you define and build the whole product. Kaushal Sanghavi, co-founder, BreathingRoom takes this a step further by saying that maintaining a predictable revenue stream is important. He is trying various techniques and says that incentivizing customers to pre-purchase, or buying in bulk for future use, is showing a lot of promise.

Amit seems to have perfected the art of upselling. He says not to wait to build out a feature before upselling to your customers. Sell as soon as you have an idea. Doing so will give you insights on which are the features customers really want and help you prioritize your product roadmap.

Referral

How I wish my customers referred more customers to me!

A working referral system is what differentiates SaaS companies. An amazing referral system, like that of Dropbox’s Refer-a-Friend, is probably the easiest thing that can bring exponential growth.

Building a working, and non-creepy, referral program for your startup is hard. From my experience, most experiments fail. But you can look at some successful referral implementations and learn from them.

Amit tells that monetarily incentivizing salespeople to follow up with their customers and ask them to write reviews on various web directories has worked well for him to acquire more customers. InterviewMocha, an online assessment software, stores email addresses of people that their system collects, follows them on LinkedIn, and when someone changes a job, reaches out to them to install InterviewMocha in their new companies. Though manual and time-taking, this method, I believe, justifies the ROI.

Final Words

There are a lot of metrics that you can track and you probably are. It’s easy to get lost. The video from Google Ventures that we saw makes a great statement: for a company of a type at any stage of the company, there is one metric that is the most important, which you can’t afford to not track.

As a founder, keep an eye on that one metric and just focus on growing that metric. Here’s a PDF of what that metric is.

At the end of the event, I caught hold of Sanket to pick his brain. One of the main questions I had was what does a founder do when he is just starting out and does not have too much data to derive insights from. Customer Interviews. When you’re small, you can afford to pay attention to each customer. In turn, those customers, often happy with the personal touch, will tell you what they want exactly and give you insights that no market research can.

Customer Interviews are tricky: if you don’t conduct them well, you won’t get the insights that you want. Or more dangerously, you will listen to what you want to listen and fail at validating your assumptions. Spend effort in creating good user interviews and refine over time.

I hope that this post gives you an overview of why metrics are important to grow your business, how to define appropriate business metrics, and learn how startups are already doing so.
About the author – Siddharth Saha – a Product Marketer with an interest in full stack marketing. Questions? Criticisms? Insights? Shoot him an email on [email protected]

 

What is UPI after all?

India has come a long way in online payments in a very short period of time. With the launch of NEFT and IMPS, cash transfers between accounts has been made electronic, paperless and instant. NPCI (National Payments Corporation of India) has recently launched UPI (Unified Payments Interface) as a new way to transfer money in India. This blog post’s content is based on a recent webinar conducted by Razorpay. You can watch the webinar below or at this youtube link.

UPI holds the potential to change the face of online payments in India, but there is still a lot of confusion around what UPI is supposed to be. Hopefully, by the end of this blog post, you will have a better and clear idea of what the buzz around UPI is all about.

What UPI is

  1. UPI is a way to transfer money
    The easiest way to think of UPI is that it is a payment method to transfer money between 2 parties. It is similar to NEFT or RTGS transfers in that way. Even though it is being promoted as a “Payment Interface” and an API, it is easier to think of it as a way to transfer money.
  2. UPI is interoperable between banks
    This is really important. By standardizing UPI as the “money-transfer-API”, NPCI is forcing banks to improve their interoperability. This will let customers manage their bank accounts on multiple banks over a single banking application (from any of the banks). Huge deal going ahead.
  3. UPI is running on top of the existing IMPS Infrastructure*
    The asterisk is because IMPS is being used “as of now”. This might change in the future as the scope of UPI is increased.
  4. UPI is betting heavily on smartphones in India
    Smartphone penetration in India is on the rise. UPI is heavily betting on smartphones, which means it will require mobile banking applications as a basic minimum. We also have NUUP/*99#, the national based-payments infrastructure run by NPCI and it is somewhat interoperable with UPI. However, to leverage the entire suite of UPI, we’ll need to get smartphones in everyone’s hands.

What UPI is not

  • UPI is not going to be immediately available everywhere
    UPI is currently in beta, with access restricted to certain parties. Even after this period ends, there will be very few parties actually talking to UPI. However, every bank will have its own timeline on their UPI integrated applications going live. Expect to see it getting announced by banks somewhere in Summer this year.
  • UPI is not a mobile wallet killer (yet)
    This is probably the most talked-about question, and the answer is not very clear as of now. As with every new technology, the answer depends on the adoption. UPI does have some barriers to entry, such as smartphone penetration and even things like availability of apps in Indic languages. Mobile Wallets have flourished in India because they have allowed customers to spend money online far more easily compared to other payment methods. UPI is far more easier to use for the end-customer while also having the advantage of being interoperable. (You can’t check your Paytm balance from your MobiKwik app, but you can do that with UPI).
    However, UPI is still not there. This is an early avatar, and it will require a lot of polish before people will start trusting UPI as the payment method for everyone. Meanwhile we’ll still have to rely on payments being made of Credit Cards and the plethora of netbanking options we currently have.
  • UPI is not going to replace Net Banking
    The simple reason being: UPI does one thing and it does it well (money transfers). Netbanking applications provided by banks do far more things. For eg, you can apply for health insurance on your bank portal. UPI gives you the most useful feature from there, in a far more accessible manner.
  • UPI is not a magic bullet for payment processing
    Believe this from someone who works at a fintech company. Payments are hard. Online payments, even more so. UPI might solve some of the problems and solve them really well, but it will take a lot of time and nurturing before UPI can be anywhere close to a single solution. For instance, you can’t ask someone with a non-participating bank account (such as a foreign bank, or a small co-operative bank) to transfer funds using UPI. There is no escrow mechanism in UPI, and rightly so, because it doesn’t belong in such a service. However, there are use-cases for escrow payments that will still require banks or other companies to build on top of UPI, perhaps.

What UPI means for everyone?

  1. Customers can now transfer money far more easily using their phones For a start, as a customer you get to do away with the netbanking websites and bank-specific mobile applications and get a common interface on a single app (which is still provided by any of your banks) to make fund transfers. However, the implementation of these apps is still left to the banks, and they can still add layers of complexity on top of this. For eg, UPI spec recommends an “Add beneficiary details” step before every payment, even on mobile applications as a phishing prevention measure. However, it should lead to a better “common” experience for the end-customer, in general.
  2. Merchants can now collect money from their customers easily A small-time merchant benefits greatly from UPI and can send invoices to their customers from the mobile app. Even small-time kirana stores can start accepting large payments from their regular customers over UPI. All the merchant needs to ask for is your mobile number and send you a “collect” request, which will appear as an option in the mobile app.
  3. Enterprises have to handle the hassle of another payment method This is where it gets complicated. For larger merchants, it gets unwieldy to use a mobile app to ask customers for payments. However, since customers are already paying them via other methods, this is an extra payment method that they need to integrate and test. Even then, every merchant would need to get vetted by NPCI before being granted access to UPI.
  4. Banks can now compete with wallets in mobile payments Banks have a silver-lining: If they work hard enough on their mobile app experience, they can gain back the market they have lost to mobile wallets.
  5. Wallets have to convince NPCI to add them to UPI Wallets are currently not in scope as a provider in UPI. This is more of of a consequence of the decision to use IMPS rather than NPCI ignoring wallets. However, this might change in the future, as wallets might be included in the scope. Expect this to be big news if/when it happens.

UPI Future?

UPI – Future of Indian Payments?

The success of UPI depends on whether it sees mass adoption. And the people who can ensure that are right here in this webinar. NPCI has taken a huge leap by releasing UPI and working on it. Now it is upto companies, developers, merchants, and even customers to make sure that it sees its full potential. Go ask your bank when are they integrating with UPI, and when can you start using it.

No other country in the world can boast of a payment solution as well designed as UPI. However, we need co-operation from all parties, including the Banks, to make UPI the success that it can be.

In case you have any queries regarding UPI, you can reach out to us at [email protected]

Guest Post by Abhay Rana, RazorPay.

Meeting Product Startups #Ahmedabad

Over the last few months, I have interacted with a couple dozen awesome product startups in India as a part of product roundtables organized by iSPIRT, a non-profit industry group for software product companies in India. The roundtables that were in Pune, Delhi and Ahmedabad included around 8–10 product founders getting direct feedback about their products from their peers and experienced product founders.

The goal of this roundtable is to help software product companies gain more traction without doing sales. Sales is a great tool, no doubt. But if the product is designed in a way that it can be used without anyone’s hand-holding, then it can be used by a large number of people very quickly. The feedback from these users creates a virtuous cycle of improvements and more users. This has been the central theme of these roundtables.

Most of the products we saw were well executed. A cottage industry of SAAS applications and marketplaces is blooming all over India. Many of them have the potential to become sustainable and profitable businesses. The obsession is ofcourse about building the next unicorn, the billion dollar startup, but we will keep that on hold for now. If we are able to create an ecosystem with hundreds of successful apps, the unicorns will automatically emerge.

As a bootstrapped and sustainable startup, with a product that is more than 8 years old, we are probably only a few steps ahead of these young startups. Sometimes, you can learn a lot more from people who are a few steps ahead of you than those who are way ahead, so I am happy to share my journey with them. In the process, I have learnt a lot from these startups too and having interacted with so many of them. There are some themes that I have seen again and again that seem interesting.

Making good looking CRUD apps is a commodity

The state of web tools in 2016 is such that building a basic app that has CRUD (create, read, update, delete) functionality is very easy. The frameworks and design resources available can make your apps look professional and neat. A couple of devs can churn out such apps with reasonable polish, within a few weeks. Using contractors and themes, you can churn out good looking websites pretty fast too.

What startups need to think about is distribution. How will people know about the app? Why will they sign-up? Why will they tell their friends about it?

Sales is still the default option

Most startups still rely on high touch sales to get users. The good thing about doing sales is that you get first-hand feedback from your users. If you are a good sales person, and if you are persistent, you can convince the user to sign-up for your application too.

The bad thing about this is that you have no idea what a user who has no context about your product thinks about it. You have no idea of easy or hard it is to start using your app instantly. You cannot reach out to users who are not in your network or timezone. And doing sales is expensive and not scalable.

To build applications that get customers without sales, products need:

  1. Great copy on the website that makes it extremely easy for someone to understand what the product is about.
  2. Automated, instant, no-hassle sign-up.
  3. On-boarding workflows.
  4. Online help with videos and documentation.
  5. Excellent product usability and quality.

Often, these projects are as daunting as building the original app, if not more. Often this is what takes time and is largely under-estimated.

Standing out, communicating clearly

Very few of the products we saw were memorable in terms of their marketing and communication. Since we live in the internet era where we are exposed to the best quality of content, it becomes even more important to be memorable and interesting. As the branding and design great Stefan Sagemeister puts it, “Everyone who is honest is interesting”, companies need to be a lot more honest about who they are and why they do what they do.

The best example I can think of is Basecamp. They have set the standard of how companies should communicate about themselves. Companies can use a lot more authenticity and their personal stories a lot more. Using stock images with caucasian models just does not cut it.

Closing

It has been fantastic communicating with these startups and the credit of making this happen goes to Avinash Raghava and iSpirt. Doing grassroots work is always hard and unsexy and not very visible, but is very necessary if you want to create a lasting change. It has been awesome to interact with Niraj and Pravin, two awesome product thinkers with whom I have conducted these sessions.

I wish I had access to such mentoring when I was starting off few years ago, and I am excited about the future sofware products that are coming out of India.

“Getting traction for Product Startups” — iSPIRT Playbook Round Table | Notes

It was a warm Saturday morning in Ahmedabad and about 15 to 20 people had gathered at CIIE, IIM-A for this closed-door-day-long session where people who’d been-there-done-that were coming in, at their cost, to share (Read ‘Discuss’) their journey and more importantly, engage into a meaningful conversation about problems faced by Product Startups and their solutions; mainly centred around Traction.

The first iSPIRT Playbook Round table of Ahmedabad, this was that happened on 11th June ’16 and was facilitated by That Being Practical Guy (Pravin Jadhav, Head of Growth at Freecharge) and Rushabh Mehta (Founder atERPnext).

Look up the agenda that we set out with here!

And, here’s the list of Startups that attended:

  • CollegeBol: College Reviews; For Students, By Students
  • MeraCRM: CRM for India
  • Jolly Food Fellow: Making the food experience complete!
  • Plexus MD: A network for Health-care Professionals
  • MyTripKarma: Collective happiness of Stress-free Travel
  • SalesHandy: DataAnalytics & Communication tools for Sales folks
  • SalesMate.io: Intelligent CRM for smart sales team
  • Hubilo: Transforming events into happening hubs
  • Gridle: Productivity suite for teams & enterprises

Kicking off the day!

Pravin kicked the day off at 11 AM sharing some amazing insights into what it takes in building a product! Here are some highlights.

Atomic Unit

An Atomic unit of your product is that single functionality that is central to your product. For Twitter, it’s a ‘tweet’, ‘Post’ for Facebook and ‘a Transaction’ for Freecharge.

The benefit of identifying Atomic unit of your product is that it constraints you into thinking about 90% of your functionality (/perceived value) around that Atomic Unit of the product.

As an example, since a Tweet is atomic unit of Twitter, almost 90% of it’s functionality is built around:

  1. Creating a Tweet
  2. Distributing (/Curating) that tweet on Twitter (Retweet) and outside (Emedding)
  3. Favouriting & Replying to that tweet

So on and so forth. You get the point!

Clarity on what you are building..

Companies that have multiple founders, at an early stage, more often than not, have a different vision for the product. This makes it fairly important to have a short, crisp and simple vision at the start of the company itself.

We did a small exercise where we were asked to come up with our 10 word pitch within 1 minute and guess what!

  • Some companies couldn’t come up with something that short & crisp
  • Some founders had different ideas about their product

More importantly, it was a bit awkward, struggling to come up with 10 words to define what we did in 1 minute even though we had been working on it for atleast a year of more.

MVP = More Value Product!

There are few companies around that are creating a different market altogether for themselves. Minimum Viable Products work there.

Most startups are trying to make existing processes and products incrementally innovative. One thing to make sure here, Pravin said, was that our MVP should provide more value than the existing solutions in the market. It could be lean, agile, bad UI in the early stages, but the product should indefinitely provide more value. That’s the only sure-fire way to find meaning in our existence.

In order to keep it minimal, if the value is reduced, you cannot test the assumptions that you’ve set out to prove.

There were a lot more things that were discussed in this session on Product Management by Pravin. You can find the presentation here>>>>>

ERPNext’s thoughts!

Rushabh Mehta then took over to share his demo and metrics at ERPNext. How they built the company out of their own need, why they chose to go open source and compelling ways to sell softwares to Businesses.

Every Software is B2C

Said Rushabh emphasising on the importance of design, User Interface and User Experience of any Software. We also spoke about acceptable metrics in SaaS cloud-based B2B industry and why everybody should talk about churn.

Startup Presentations

All the 9 startups then did a 10 min demo of their sign up and on boarding processes where one-on-one detailed feedback, constructive criticism and important flaws were pointed out.

Here’s a brief presentation of what we learnt from the demo-session.

It’s more indicative of the depth that the session facilitators went into each and every product & entrepreneur that was present.

Towards the evening..

Pravin took to the stage again and spoke about the Growth Framework at Freecharge. Presentation here.

He shared some of the important lessons that he learn doing Growth Hacking at Freecharge. Apart from the 6 mentioned here, he also spoke about how there’s no one formula that fits all and how Growth hacking is more about quickly iterating to figure out what works best for the product. More importantly, the fact that with time, every Growth hack will lose it’s lustre and ability to bring in results.

Vanity Metrics

He shared an amazing slide as you can see below on the Vanity Metrics Vs. Real Metrics that every entrepreneur, startup and investor should understand and imbibe.

One of the very important things that he pointed out was that it was the founders job to make sure that Real metrics are measured in the company and that ROI on any marketing campaign is measured on the Real Metrics.

Do not Bullsh*t the guy in the mirror!

In Conclusion..

It was an amazingly well invested Saturday. Everyone present went home with a conclusive action point for their products.

Thanks

Hoping to have you guys back soon!

Guest Post by Yash Shah, Gridle.in 

DIPP – New Secretary catalyzing the past efforts, for Startup Ecosystem.

Mr. Ramesh Abhishek, Secretary of DIPP in a learning-session with iSPIRT.
He formerly headed the Forwards Market Commission and has subsequently served as the secretary of performance management at the Cabinet Secretariat. He has been the key driver behind several reforms including the FMC being merged with SEBI. Mr. Ramesh Abhishek, is the new Secretary of DIPP (Department of Industrial Policy & Promotion), following his senior Mr. Amitabh Kant. Mr. Ramesh is now also in charge of Invest India, National Investment Promotion Agency, as well as Startup India campaign. He met up with iSPIRT, on Friday, 10th June, at 91Springboard in Bangalore, participating in a learning-session to understand the plethora of Technological Break-throughs and Policy Transformations that iSPIRT is facilitating for the benefit of the Startup Community. He provided some very useful advice by participating in an interactive learning session for close to 4 hours.
Below are some of the key highlights of the Learning Session.

 

iSPIRT Show-case – INDIA Going from Data Poor To Data RICH
The session started with a presentation by Sanjay Jain on the iSPIRT’s jobs perspective. He explained that while new-age startups won’t create many jobs they will build platforms which will drive formalization of the Indian economy. This will materially expand the economy and create millions of jobs. IndiaStack is enabling this transformation of the economy. HouseJoy, NinjaCart and CapitalFloat CEOs shared their own perspective on this change and added to the discussion.
DIPP-secyThe follow-on session, by Shekhar Kirani, presented how INDIA is becoming a major player in the GLOBAL Software Product Industry and how Startups from INDIA are disrupting some major players. Subsequently Unbxd, ShieldSquare and Hotellogix discussed their own journeys and added depth to this discussion..
The most intense session was when Mr. Venkatesh Hariharan presented the Patent & IPR Policy Details, If we have to unleash India’s true innovation potential, India needs to remain a no-software-patenting jurisdiction. Only then can it capitalize on its mathematical foundations, and keep away the patent-trolls.
This last session was by Sanjay Khan and covered the progress around the Stay-in-India Checklist. Mr. Abhishek was very impressed by the progress that has been made and reiterated his commitment to get the remaining items on the Checklist resolved. He agreed that stopping exodus of new-age startups is very critical to the success of the software product ecosystem.
DIPP-2ndSession-2Insights and Advise from Mr. Ramesh Abhishek
Government wants to make a big difference with our Startup Movement. Mr. Ramesh felt that we should make it the biggest, so that it will leapfrog the West. He was immensely supportive to all policy efforts of iSPIRT and, in fact, extended immediate help for on a particular issue that had come up in the discussions. He had 3 important pieces of advice:
  • Startup-Hub as part of the Invest India program, should be supported and adopted with good ideas from the Startup Community.
  • DIPP will address Startup challenges quickly in aget time-bound manner.
  • DIPP wants to so much more, so iSPIRT should continuously engage with it.
Mr. Ramesh later proceeded to visit some Hardware and software Incubators in and around Bangalore.
DIPP-2ndSession-3Conclusion
Mr. Ramesh Abhishek went away with a deep understanding of the forces changing India and the landscape that is emerging. was very impressed with the body of work presented to him. He stressed that this Government wants to go much more.  iSPIRT on its part is fostering and facilitating many such learning-sessions to nudge Policy Makers help the ecosystem, and bridge the gap of Intellectual distance between Delhi and Bangalore. Let us all move-the-needle with collective vigor to catalyze the effort of building India into a Product Nation.

 

Software Patents rigamarole- non-starter for start ups!

Every few years, we witness a fierce attempt to re-ignite the discussion
of patentability of software (something that the Indian Parliament had
rejected in 2005) by the usual beneficiaries of such a system: the mutli
national holders of patent thickets, old system integrators, lawyers,
and patent agents.

These incumbent holders of patent thickets love to confuse rule-making
by crying wolf and repeating arguments already dismissed by the
Parliament in the middle of last decade. No new arguments are presented
but enough confusion is  created in a hope that the Patent Act can be
amended through patent office rules instead of amending the Act-an
arduous process.

The legislative intent behind excluding “computer programmes per se”
from patentability is very clear. The parliament understood that
allowing computer software patenting  may give rise to monopoly of
multinationals and will make it difficult for Indian companies to
flourish. This was proven right as despite the clarity in law, lawyers
playing word jujitsu were able to get many irregular software patent
application passed by the Indin Patent office. A study by SFLC.in of all
patents granted since 2009 to 2015 shows, 95 % or more patents are
granted to Multi National Corporations and not Indian Companies.

Once again, we are here. When the Patent Office decided to ensure that
no such patents were granted and the patent examiners were trained to
follow the law, they issued Computer Related Inventions guidelines.
These guidelines clearly say merely because you write some software app
which runs on a smart phone  does not mean you can prevent all others
from writing any other app. But big companies, multinationals and patent
lawyers have decided to use this yet again to agitate for software patents.

If these guidelines are not followed, what will follow are floodgates of
litigation just like Ericsson–a company no longer a leader in
phones–is  suing Micromax, Lava  and other manufactures on patent
infringement (around eight suits were filed by Swedish multi-national
Ericsson alone, another three by Vringo Infrastructure) See
http://sflc.in/an-overview-of-standard-essential-patent-litigations-in-india/

We are often presented with the argument what if an Indian start up
comes with some really inventive program, should they not have a right
to patent it? In reality, it does not happen as often as most work
companies do in the field of software are based on pre-existing works
that has already been patented by mostly U.S. but not always old
incumbents. Due to International treaty obligations, these incumbents
will get priority in patenting in India as well, leaving Indian
companies in the cold. Furthermore, Indian software companies can and do
patent their inventions abroad, thus actively competing in the market
for government monopolies maintained in other countries but in India
they are already at a disadvantage. The Indian startup industry has
flourished without patent protection and can continue to do so in the
future without fear of litigation from patent thickets by not supporting
the grant of software patents.

Software, unlike other sectors in the field of technology, is
essentially based on mathematics and algorithms, where the field of
knowledge has improved over the years by sharing of code and improving
on existing code.  Patents were never considered to be the motivating
factor in this industry and patents made their entry much later by means
of judicial interpretations of patentable subject matter in some
jurisdictions.  Inventors and companies have prospered in this industry
in the absence of patents. After the mobile patents wars between Apple,
Samsung and multiple other parties, even the U.S. courts are reigning
back their system as is evident from recent court decision in Bilski and
Alice Corporation.

Lawyers always love more law as that means more business for them, a
policy decision based purely on their observations does not constitute
smart policy making.  In an industry where technology changes fast and
competitive advantage is derived by innovating at a fast pace, these
government granted monopolies will only act as speed-breakers in the
growth of technology and the industry.  The government should wisely pay
no heed to these monopoly holders and keep betting on innovation.

Demystifying Startup Tax

Over the past couple of days, a lot has been written/discussed about the so called ‘startup tax’ and its perceived ill effects on the startup ecosystem. Under iSPIRT’s new initiative, PolicyHacks, I attempt in this note to demystify the legal/tax jargon around this tax and to clarify the proposed rule for the benefit of ecosystem participants, particularly startups.

What is the law?

Simply put, if a private company issues shares to a resident Indian at a price above the fair market value (FMV) – say the FMV of a share is INR 100 and the company issues it at INR 110 – then the excess consideration (INR 10 in this case) is considered to be the company’s income (since, in a way, it deserved INR 100, but received INR 110). The amount of INR 10 is, therefore, liable to be taxed as the company’s income (which presently is at a rate of 30%). FMV is an important element here, and we will get back to it later. It is popularly called the ‘angel tax’.

Who are exempted from this?

As highlighted above, this provision is applicable only to investments received from resident Indians. Thus, at the first level, it does not affect foreign investments. In addition, the provision does not apply to investments made by SEBI-registered entities. One, therefore, need not worry about money received from angels/VCs/PEs which are either investing from foreign sources or have been registered with SEBI.

Who are hit by this?

Whoever is not covered under the above exemptions or otherwise exempted by the government. Prominently, the Indian angels (which constitute an overwhelming majority of the overall angel investors). Hence, the term ‘angel tax’.

What is ‘startup tax’ then?

As is clear from the above, the law is applicable to all private companies and does not single out startups. However, it has been reported in the media lately that startups which have raised down-rounds will be scrutinised by the tax department, and the valuations of such down-rounds will be considered to be the FMV of all previous (up) rounds.

In other words, if:

  • in the last round:
    • the valuation of the company was INR 1,10,00,000; and
    • the FMV per share was INR 110;
  • in the present (down) round:
    • the valuation of the company is INR 1,00,00,000; and
    • the FMV per share is INR 100,

then the valuation of the down-round, i.e., INR 100 will be considered to be the FMV of the previous round.

Hence, applying the law set out above, anything received by the company in excess of the FMV (in this case INR 10 per share) becomes its income, and is taxable as such.

So what is new in this?

Nothing. There is no change in the law. The issue that the industry has been facing since the introduction of this law is that the income-tax officers (who have wide ranging powers) were found to be using this provision to harass companies.

I have raised money from resident Indians and now I expect a down-round; will the tax department come after me?

Since this is not a new or proposed law, nothing stops the income-tax officer from going after any company even today. In fact, such proceedings have been initiated against quite a few companies in the past.

The key thing here to note is this – No tax can be levied on a company just because it has raised a down-round. The only money that this provision permits to tax is the consideration received by a company in excess of the FMV. It is a settled principle that each funding round can, and quite often, is raised at an FMV different than the previous round. So long as one can justify that in a down-round, the fall in FMV is on account of genuine external factors, and not because the FMV in the previous round was artificially inflated, one should be fine. Thus, even if one receives a notice from an income-tax officer in this respect, all one needs to demonstrate is that the FMV in the last round was calculated in accordance with the valuation mechanism provided under the IT Act, and there was no foul play in that respect. For startups falling in this category, there is nothing (or not much) to worry about, at least prima facie.

iSPIRT view and efforts

At iSPIRT, as part of the Stay-in-India initiative, we have been in continuous discussions with the government to rationalise this provision to ensure that genuine investments using legitimate money (such as angel investments) are not hit by this provision, and there is no unnecessary harassment.

Also, the government has exempted startups (which register on Startup India portal and are approved by the inter-ministerial board) from income-tax. Thus, ideally, such qualified startups should be exempt from this tax as well. We continue to discuss this with the government.

Author note and disclaimer: PolicyHacks, and publications thereunder, are intended to provide a very basic understanding of legal/policy issues that impact Software Product Industry and the startups in the eco-system. PolicyHacks, therefore, do not necessarily set out views of subject matter experts, and should under no circumstances be substituted for legal advice, which, of course, requires a detailed analysis of the relevant fact situation and applicable laws by experts in the subject matter on case to case basis.

Why did I love this Saturday?

I usually start my weekends with an intense workout regimen. This one was also quite intense but in a very different way. I attended the 71st edition of ‘Playbook Roundtable’ on Saturday the 28th of May, 2016. Incidentally, this was my first time at any Playbook event. From the time I received the invite, I just had one question: how should I prepare to give it my very best? Little did I know that rather I would get the very best from this infectiously energetic tribe of people we call entrepreneurs on earth.

The event began at 11 A.M. with the first sip of cappuccinos and a brief introduction by everyone. We had 12 entrepreneurs (plus their co-founders), who had come to spend this Saturday to learn from one another. Besides passion, everyone was running high on desire to solve meaningful problems by using technology and change our world forever. While few of them had already (successfully) launched a product and were now facing next level growth challenges, many were still somewhere in MVP stage, figuring out product-market fit.

I was amazed to see an eclectic mix of problems these start-ups wanted to solve – beyond many industries and businesses. We had a renowned Fintech company making peer-to-peer banking easier with its latest product, a B2B engagement platform that helps convert one’s clients to promoters, a knowledge management product that makes life easier for customer support staff, a marketplace for those who want custom-tailored clothing minus hassles, an employee engagement platform that makes it easier to share ideas and innovate bottom-up, a mobile push notifications platform which has a unique ‘do it from your notification itself’ feature, an AI-based data cleaning & organizing tool, a personalized curated video platform which helps discover ‘still hard to find videos’ at YouTube, a collaboration platform which seamlessly works over Gmail, an education portal that aims to make multiple forms & cumbersome application process around admissions redundant, an open source ERP for small businesses with an enviable community across the globe, and a managed marketplace for getting super-affordable flash presentations. Phew, that was a lot… But that’s how best Saturdays are made!

The format of the event – with a handful of participants and an intimate setting over a roundtable, literally – allowed for an easy interaction for everyone. After hearing elevator pitches by everyone, we all were kicked to get into the next phase of our day – the demo!

Every entrepreneur had a total of 30 minutes to give a brief demo and then get into question-answer session, which was a unique opportunity for everyone. While a lot of questions satisfied curiosity of the audience, many entrepreneurs actually took on the audience by asking difficult questions that were giving them sleepless nights. “Almost everyone giggled when this young gentleman innocently asked – how do I reduce my cost of sales? And one response came – don’t ever sell to this segment!”

While everyone learned a thing or two, I noticed recurring themes in advice and insights that most of us agreed with. I call those timeless pieces and they are:

  1. Articulate the problem you’re solving really well (for whom, how, and why)
  2. Keep it super simple during MVP stage
  3. Speak to users, don’t assume
  4. Your product is super cool, but maybe for some other segment!
  5. Solve one problem really well for just a handful of users before conquering the world.

We concluded the session with everyone summarising their one or two key takeaways from these awesome 6 hours spent together (damn, nobody mentioned expanded LinkedIn network!) For me, more than anything, it was a humbling experience to be with these ultra-human beings for I’d like to be like them, some Saturday!

Digital economy needs tax clarity

“Digital” is an inevitable and progressive catalyst of change. Whereas internet-based online transactions have existed for some time now, the transformations at a national scale are morphing many more areas together into a “digital economy”.

The transformation is about 100% dematerialisation up to the ‘last mile’, with near 100% continuous involvement of the internet and is built upon cloud computing. In India, the recent UPI launch will accelerate last-mile integrations and lead to a national cohesive market.

The digital economy is therefore about “digital goods” and “digital services” being stored, transported, or provisioned ‘digitally’ and exchanged using ‘digital money’. Electronic hardware, networking, telecom and e-commerce are about enabling this digital economy.

Tax regime—out of sync

On the other hand, governments globally have a huge challenge from the emergence of a digital economy which has the power to disturb or outmaneuver tax systems if not accommodated adequately and in a timely manner.

On the international front, the challenge is posed by technology diluting the efficacy of borders. The equalisation levy of 6%, introduced in Budget FY17, on the advertisement fees paid to foreign digital media companies, is a corner stone of the international problem of BEPS. In yet another example, since 2015, the EU has brought all digital goods’ B2C sales under VAT, irrespective of the country of origin.

On the domestic front, the challenges are created by a piecemeal approach from the tax authorities with respect to the evolution of this new economy ever since the internet and software delivery have proliferated. The fragmented system is not able to cope with new business models that are based on innovation and ideas where “software is eating the world”—as famously said by Marc Andreessen, a general partner at the prominent venture capital firm Andreessen Horowitz .

In some countries, Netflix users evaded tax when they procured directly online, as against paying taxes when procured through a partner. In India, the same ‘SaaS’ software is taxed only under the service tax component when procured through a service partner, as against service tax plus VAT when procured directly. The confusing tax systems create immense frictions for ease of doing business for digital goods and services.

The world has recognised the problem and started moving towards pragmatic solutions. India, with its 29 states and over 250 million internet users, cannot afford to overlook the taxation issues facing a digital economy.

On the domestic front, for indirect taxation, it is an opportune time for India to solve this problem with the GST rollout.

India has rightly opted for a ‘thoroughly digital’ system for implementing GST. However, to offer infrastructure to support a authentically ‘digital GST’, it also needs to integrate the digital economy’s taxation concerns.

The GST will solve many confusions, but must address several more of them. A single rate is always a good starting point. There are several unnecessarily imposed classifications of digital goods, and differential rates must be eliminated to simplify the mechanics. Additionally, the value chain of consumption of “goods” versus “services” is quite different, and must be reflected clearly in the definitions.

Accept digital goods as reality

A generally accepted principle across the ongoing discussions in the world of taxation on digital economy is that it does not favour a new or separate tax regime for ‘digital’. We must principally agree that the digital economy’s concerns should be overlaid and accommodated into the existing and evolving legal framework.

Despite a lot of confusion on this issue, the US has a well-drafted bill defining “digital goods” and “digital services” under consideration. The bill has adopted a simple and fair definition. The term “digital good” is defined as, “Any software product or other good that is delivered or transferred electronically, including sounds, images, data, facts, or combinations thereof, stored and maintained in digital format, where such good is the true object of the transaction, rather than the activity or service performed to create such good”. A “digital service” is defined as, “Any service that is provided electronically, including the provision of remote access to or use of a digital good”. This excludes services like telecom for fair sectoral treatment.

“Digital goods” therefore, is not just about music, video, images, or e-books. In fact, software products may be a combination of complex scientific computer programs or commercial applications with a combination of data types including voice, video, images, texts, document files and so on. We must account for the many permutations and combinations, and not limit the evolution of such products.

In order to make best use of the digital economy’s opportunities while achieving the objectives of a) increasing the tax base with a simple, fair and neutral tax regime, and b) promote an environment of business growth with ease of doing business, India must consider the following four measures in its tax systems:

One, free “digital goods” from the shackles of ‘royalty income’ under the garb of attached ‘copyrights’ in the Income Tax act. This binding of ‘royalty income’ on software and ‘intangible/digital’ goods is a bottleneck to trade in a digital economy.

Two, clearly define “digital goods” and digital services” consistently across the legal framework.

Three, provide “digital goods”, or intangible goods, the status of “goods” as defined in Article 366(12) of the Constitution. The digital goods, though intangible in nature, exhibit all properties of tangible goods generally acceptable in legal parlance viz. durability (perpetual or time bound), countability (number of pieces, licenses or users etc.), identifiability (standardised), movability and storage, ownership (IP or right to use), producibility/reproducibility, and marketability/tradability using an MRP.

And fourthly, in a digital world, the tax system (both domestic and international) has to be end-to-end digital, i.e., be able to track transactions, levy a clear single tax, and collect tax digitally—including taxes on international online transactions.

There is progress on the fourth issue in different quarters, but the government needs to move fast on the first three measures in order to align the tax system with the digital economy. This can not only solve existing taxation issues in the most transparent manner, but also provide future-proof solutions and establish standards for the support of innovation and progress.

Contributed by Mohandas Pai, Aarin Capital & Sudhir Singh, iSPIRT

Creating vibrant knowledge networks in emerging entrepreneurial ecosystems

Vibrant entrepreneurial ecosystems such as Silicon Valley, Route 128 are characterized by a free flow of experiential knowledge between expert and novice entrepreneurs. Experiential knowledge can provide much needed advice, mentoring and moral support to novice entrepreneurs, putting them on an accelerated path and fueling the ecosystem. In mature ecosystems like Silicon Valley, this is possible due to the prevalence of dense formal and informal networks. However, does this exchange of experiential knowledge occur spontaneously in emerging entrepreneurial ecosystems such as the software product industry ecosystem in Bangalore? If not, (how) can it be purposefully created?

The study aspires to answer these questions through an in-depth study of iSPIRT’s Playbook Roundtable initiative, which facilitates a conversation between expert entrepreneurs (EE) and novice entrepreneurs (NE) in a structured setting. Analysis reveals three distinct, self-reinforcing processes – Curation, Interaction and Expansion – that come together to create a vibrant and sustainable experiential knowledge network. Each of the ecosystem actors (novice entrepreneurs, expert entrepreneurs and the entrepreneurial connector i.e., iSPIRT) play a unique role in these three processes.

  1. Curation: Curation is a process through which a carefully selected group of novice entrepreneurs are introduced to an expert entrepreneur who has the deep experiential knowledge in a topic that is immediately relevant to the novice entrepreneurs’ business. In this process, the NE is an access-seeker, the EE is a volunteer and the connector (iSPIRT) acts as tertius iungens broker who brings together network members. Tertius iungens literally means the ‘third who joins’ and is a type of brokerage where the broker introduces two disconnected parties and facilitates direct interaction and knowledge transfer between them. The curation process creates a knowledge exchange platform between NE and EE.
  2. Interaction: The next process – Interaction – builds on the platform created by the curation process. Interaction is the process through which experiential knowledge transfer occurs between the EE and NE in the entrepreneurial ecosystem. In this process, the EE shares his/her own insights and creates an atmosphere for peer learning. In other words, the EE acts as a trust catalyst. The NEs on their part actively participate by bringing their business challenges into the discussion. The entrepreneurial connector plays the passive role of an observer. The outcome of this process is peer learning.
  3. Expansion: The peer learning resulting from the interaction between the entrepreneurs sets off the process of expansion. Expansion is a process through which more NE and EE in the ecosystem are brought into the experiential knowledge network. The NE who benefit from the peer learning become evangelists, bringing more entrepreneurs into the network. The EE also bring in new experts into the network but more importantly, they act as consolidators refining the content/format of the roundtable sessions based on feedback. The connector manages the new entrants in the network, actively mediating between them i.e., the connector exhibits a tertius gaudens brokerage orientation where it keeps the new entrants apart until a suitable platform is worked out to bring them together. This results in network growth which feeds back into the curation process by providing a larger pool of NE and EE to curate from.

The three processes are pictorially depicted in the Figure below. Together, they set up a virtuous cycle that strengthens the experiential knowledge network in the ecosystem.

Experiential Network Creation processThe insights from this study provide clear guidance on how to systematically create experiential knowledge networks in emerging ecosystems. It also highlights the important role played by entrepreneurial connectors such as iSPIRT in nurturing these networks.

 

Clearing the confusion on – SOFTEX form filing need

There are instances, when Software exporting companies operating outside an export oriented scheme (STP, SEZ, EOU etc.) are advised, that there is no need for them to file SOFTEX forms. The young entrepreneurs in Startups, obviously get confused on this. In some cases, companies stopped getting SOFTEX certification done, after complying in past when they moved out of STP/SEZ schemes, owing to this advice.

There are always two parts to deal with regulatory compliance. One, the policy aspect and second, the procedural aspect. There is lot of material available on internet, on the procedural (process) part of filing SOFTEX form. And perhaps none, that explains the policy aspect.

This article is meant to clear the confusion on SOFTEX form among the Software product community by explaining the policy aspect of SOFTEX and background process, in the realm of foreign trade regulations.

Why and how SOFTEX form came in to existence?

In general exports means sending ‘goods and service’ to clients in foreign country (outside territorial borders of India) for purpose of sale. Physical goods are exported through a physical port of shipping (a sea port, airport or foreign post office) monitored by Central customs department.

When physical goods leave borders, from any port of shipment, the exporter is required to declared value of goods. In India, this was done through a form called GR form (PP form in case of exports by post office) for non-EDI ports and SDF for EDI ports, along with invoice and other supporting documents. Recently, as part of simplification of process, the GR and PP form have been substituted by a new form called ‘EDF’ (export declaration form) and SDF has been merged with shipping bill. Please see RBI circulars. RBI/2013-14/254 A.P. (DIR Series) Circular No.43 September 13, 2013) and RBI//2014-15/599, A.P. (DIR Series) Circular No.101, May 14, 2015.

This value declared is required to be accepted and certified by the customs office, at the port of shipment. This is called “valuation of export”. Once the valuation of export is complete, the value is accepted both by RBI and its authorised dealer (the exporter’s bank). RBI then monitors, the remittance of an equivalent value in exporter’s bank account.

A ‘Software’ exported on a media (CD/DVD, magnetic tapes etc.) has to pass through these steps, as it is exported physically through a port of shipment, as physical goods.

In early 1990s, when Software Technology Park (STP) scheme came in to existence, the need to export Software through data communication links emerged. Customs department had difficulty in managing this, as nothing physical was visible in a Software transmitted, as well as did not have human resources and knowhow to deal with exports through telecom links.

DeitY (then Department of Electronics) enabled an innovation in government policy and could get RBI to announce SOFTEX form as an alternative to the GR/PP forms, to suit the export of Software, through data communication links.

STPI being the administrative authority of STP scheme, became the designated authority for “Software export valuation” and certification of SOFTEX form, in place of Customs. As on date the jurisdictional STPI Directors and SEZ Commissioners are the designated authority for SOFTEX valuation.

The purpose, policy and process of SOFTEX form is same as in GR/PP (or new EDF) form.

The only policy point difference between GR/PP or EDF form and SOFTEX form is that GR/PP forms are submitted and valued, simultaneous to the exports actually happening from port of shipment. Whereas, SOFTEX form is a post-facto approval, after the actual export of Software has actually taken place.

An important policy aspect to understand here is that before the SOFTEX form was launched the Software was put at par with ‘goods’ in the foreign trade policy, as policy makers could not conceive a trade in anything that is not ‘goods’. Even today, a services export in non-IT sector does not need any declaration or export valuation. Therefore, Software (IT and ITeS) was given a special status in international trade equivalent to ‘goods’.

Valuation of exports by Customs/STPI/SEZ is a crucial part of process

As described above, there are two policy aspects embedded here,

  1. Regulation of foreign remittances by RBI against export done by exporter (the origin of this procedure and policy behind lies in the name of GR form – “Guaranteed Remittance”) and
  2. Valuation of export done by Customs officials at port of shipment (by STPI/SEZ for SOFTEX)

The second part of the process is “valuation of exports”. Exporter declares the value of exports supported by relevant documents. The designated officer in customs/STPI/SEZ considers and certifies this value and has all right to reject the value declared or examine any declaration for overtly undervaluation or overvaluation. The process is very smooth and in more than 99.9999% cases the value is accepted and certified. Rejections are only subject to a real doubt, unlawful trade happening and exporter not able to justify genuine exports. The valuation is done under the Customs Valuation (Determination of Value of Export Goods) Rules. Since there is no separate rules defined for ‘Software’ and the export oriented units (STP, SEZ, FTZ, EPZ) operate under customs bond, the same rule applies to ‘Software’. In absence of a rule for non-EOU exporters the law would rely on same rule as well.

An export of goods and software without valuation is incomplete. RBI depends on designated officers for this valuation exercise as they are the ones who have delegated powers under the constitution to do so.

A form not certified by jurisdictional designated officer is incomplete, legally.

Who should not file EDF or SOFTEX?

An exporter of physical goods has no option other than filing EDF, as goods passes through the port of shipment managed by customs. Similarly, exporter registered under STP and SEZ has no option as the value to be accounted as exports by exporter is taken from the SOFTEX forms signed in name of the exporter.

Exporters of Software (both IT and ITeS companies) not registered in STP or SEZ (or other EOU schemes) scheme should also file SOFTEX, as per foreign trade policy.

Such exporters popularly called non-STP units can file for SOFTEX with jurisdictional STPI Director.

Only those exporters whose exports are not goods or Software can escape the filing of SOFTEX. The foreign remittances received as exports proceeds, without certification of EDF (replacement of GR/PP form) or SOFTEX form will fall in two categories, either a general service or an unlawful remittance.

Exports of services that do not fall under IT and ITeS category are exempted from filing the export declarations and certification required thereof.

What is covered under the term ‘Software’ in RBI circular

The RBI circulars on SOFTEX mentions exports of ‘Software’. It implies both IT and ITeS exports. The genesis lies in how foreign trade policy evolved, ever since STP scheme was added to the bandwagon of export oriented schemes.

‘IT’ covers both Software services and Software products (including SaaS). Software services is a whole lot of things from consulting to design, development, implementation, maintenance, re-engineering of Software or a Software product.

‘ITeS’ covers all those services that are delivered to clients across borders of India using an IT driven system and process over a telecom/internet link (include BPO, KPOs, Digitization, Call centers, Data processing etc.).

What happens if exporter does not file SOFTEX (or alternative EDF) form?

If SOFTEX (or EDF in case of physical exports) form is not filed, and exports proceed is realized, the remittance received is either treated as ‘general services’ or not as an export proceed or illegal.

For general services such as management consulting, technical services there is no declaration form.

Advice for Software product including SaaS companies

For Software exporting companies not operating under STP or SEZ, it is possible to bypass and get remittances without filing SOFTEX or EDF, under the guise of a ‘service’ export. There is no immediate threat of non-compliance, unlike the exporters in STP or SEZ.

However, not getting classified as ‘software’ can create problems in future. First problem created is your exports are not ‘Software exports’. The other problems can erupt from regulations in other areas of taxation etc. Complex Service tax rules can create problem. Any situation, where an exporter will need to prove and protect herself can end up in to a nightmare.

The important part here is the export valuation process by STPI, SEZ or Customs. Once EDF/SOFTEX form is certified, your export is also certifies as export of ‘Software’, under foreign trade policy.

For Software product companies including SaaS companies, is it advisable to mandatorily file SOFTEX form or and EDF form for Software product export in physical media, even when they are not part of STP, SEZ or similar schemes.

iSPIRT efforts in further liberalization of SOFTEX \EDF

Many argue, why this documentation. The need to declare export value, monitor foreign remittances, export valuation and balance of trade & payment accounting will not vanish for a nation state. There has to be some minimal documentation and process to fulfil all these needs.

However, there is scope for further liberalization and need for an easy liberal regime for ‘ease of doing business’.

iSPIRT is aiming for a 100% “Digital” SOFTEX and EDF run under aegis of RBI, where the process can be executed and compliance completed even at single invoice level or a monthly consolidated statement level, based on various practical needs, with export declaration fully ‘dematerialised’.

This is much needed for a ‘digital economy’ and can be a boon for exporters especially in SaaS segment and startups, where orders and invoices are generated online. And online interface can be extended in to a fully ‘digital’ export declaration regime of RBI.

India to progress to a Product Nation, in a digital world, has to take some of these steps. Sooner the better.

Key Takeaways from The Design Thinking Roundtable

When it comes to building a product, I had absolutely no experience before Pricebaba. While building Pricebaba.com I did learn many nuances and tricks for growth. I am grateful to the friends and mentors who have always helped us understand users better and how to build a great product. It was a pleasant coincidence last week when I got two opportunities to understand design better — first, I attended the Design Quicky Mumbai event hosted by 500 Startups and later in the week, iSpirt organised a roundtable session on Design Thinking. Deepa Bachu who is currently running a design consultancy firm Pensaar shared her 15+ years of experience working in the industry with brands like Intuit. Here are some key takeaways from that session.

Tracking Customer/Consumer Benefit Metric

According to Deepa, the key metric to chase / track is customer benefit metric (CBM). It’s simply how do you make your customer’s life easy. For Google, customer benefit metric would how be quickly it’s able serve the result and how relevant they are with user’s search query. This makes so much sense. If you look closely, all the updates Google has made are around that — be it with the Panda or Penguin update, to give the best result in minimal time.

Once you start thinking of serving your current users better, if they are truly benefitted with your product, they are going to use your product again. This leads to increase in MAU, decrease in bounce rate. All of your other metrics will fall in place automatically. Take marketplaces for example, they are serving two kind of customers — Merchants and Shoppers. Their key to success would be to make sure Merchants sell goods regularly and efficiently. They can enable this by reducing returns, empowering logistics and customer support. Whereas on the other hand making sure users get what they want at the right price and their journey to checkout is as smooth as it can be. For us, at Pricebaba it’s quite similar to marketplaces. Our customer benefit metric would be to make sure the returns on the partner’s platform are under control (thereby making sure conversions are higher). On other hand for users it would be how effectively we help them choose the best product for their needs. On Pricebaba a user can be overwhelmed by 175 products from the same manufacturer (eg: see Samsung Phones), our advanced filters is a way to help our users narrow their purchase decision faster. However for us bigger boost comes from helping the user get the top 4 or 8 products accurately in the first fold.

Design is not art, it’s not what you see

Deepa started her talk with how India is still not there when it comes to design thinking or product innovation. We do not think Design while building our Products, she suggested. On that remark, I jumped off my seat and said “this is not true”. People are talking about design. I sincerely believed this is now a key role in the product making, which was not the case 4 years ago. But, by the end of the session I realised she was right. Amongst many missing ingredients in our startup ecosystem, “design thinking” is one of them. We admire good looking design. We love clean, plain and simple. We look at design only by its visual perspective (is it appealing to the eye?). But, we forget to see the functionality or usability. That is arguably more important aspect of design.

IMG_20160409_165323Throughout the session we had one white board on which we wrote what design means to us. We wrote apps we love and products which we consider as good examples and inspiration of good design. The participants initially thought design had a lot to do with ‘Art’, ‘Painting’ or ‘Creativity’. As we went further, our understanding evolved and ‘Emotion’, ‘Customer Journey’, ‘Elegance’ were the new keywords on the whiteboard.

Going further it was ‘Customer understanding’, ‘Outcome’ and ‘Need’. Eventually, it all boiled down to one thing — ‘Metric’. If your numbers (in our case, Consumer Benefit Metric) are not increasing, all your Dev, BD or Marketing efforts don’t matter.

IMG_20160428_105735There is this simple pyramid which is quite self-explanatory for product making. Bottom to Top it reads,

  1. Benefit I care about: What is your service about? What is that one benefit you are serving your users with. The value proposition of your product. Nail that first. Achieve excellence. For my product Pricebaba, it is how a user get the best deal of a gadget suitable to their needs.
  2. Ease: How easily your users are able to get the benefit we talked about. How are you making things simpler for them. UX has a major part to play in phase. For us, it would be how easy are the choices we offer our users to narrow down on the right gadget.
  3. Positive Emotion: This is the part where actual UI comes into play. Users Delight will be the positive outcome of great UX and UI.

To sum it up, focus on what your business has to offer. What is that one benefit you are giving your users for which they will keep coming back to you. Create a good UX to make their journey to avail that benefit easier with great UI. There, you’ve got your “Ahaa!” moment from your users.

Users don’t know what they want

While building a product we often tend to build it the way we perceive things. We build a feature / flow in a certain way we think is the best. So many times we assume we know what users want. Taking some decisions from the gut is good. But building an entire product without interacting with actual users is not. You need to validate that gut-feel by talking to users. Observe them as use your product. We did a exercise where entire company went out on streets and interacted with users. We called it ‘Project Dragon Scroll’. We gave our potential users a simple task to search best price of a mobile phone. We were surprised to see so many of our myths and biases were getting resolved. Deepa shared tons of examples with us, making us realise that it is too difficult for a product to evolve if you don’t include your users in the process. For that you need to go and talk to them. Even understand what they are not saying. Ask questions. There are tons of tools for that. Just asking them question via surveys, making sure your Net Promoter Score is high might not help. Those online activities are needed, along with offline activities too. Also, you need to see the data on interaction, deep dive into metrics, logs, analytics to get a 360 degree view of things. Taking decisions based on only one of the above factors mentioned won’t help. You need to get out there on the streets, deep dive into analytics (GA, Clevertap, Mixpanel) and use online tools to see how users interact (A/B testing, Heatmaps and Surveys).

I am thankful to iSpirit for organising such wonderful event. I learnt a lot of things from this event. Thanks to Deepa who shared her experience and tools with us. It gave a new perspective to look at Design. If you want know anything more about this, feel free to catch me on Twitter @GanatraT

Tirthesh is co-founder of Pricebaba, one of the biggest product research and price comparison platform in India. A developer at heart, Tirthesh had the pleasure of being part of a journey since 2011, where a two-person team grew into a strong workforce in a matter of three years.