Posts Tagged ‘ CVCA

Startup Visa Canada: Who’s In, Supporting Organizations, Media Coverage, and How You Can Help

“We believe startups to be the driving force behind job creation and prosperity,” says [CVCA's] executive director Richard Rémillard. “We need to be more attractive to foreign entrepreneurs.”

Thanks for supporting the Startup Visa Canada Initiative. It’s been about 5 months since we launched. During that time, the team has been busy reaching out to government officials, influencers and organizations across Canada to gather data and garner support for an alternative visa for entrepreneurs.

Here’s a quick update on our progress:

Chris Arsenault, iNovia Capital joins the Founding Team

We are pleased to welcome Chris Arsenault, Managing Partner at iNovia Capital to the Startup Visa Canada team.  Chris has been an early stage investor and entrepreneur for over 17 years and is an active board member with the Canadian Venture Capital Association (CVCA).  Chris has been a strong supporter of the initiative and recently wrote a post in the CVCA magazine entitled Attracting Foreign Entrepreneurs to Canada. Based in Montreal, it’s great to have Chris on board to represent and support Startup Visa Canada on the East Coast.

Who’s In?

Over 270 people including you have signed our online petition and 67 notable entrepreneurs, investors and influencers have come forward to publicly endorse the initiative including:

Supporting Organizations

Many thanks to the organizations, who have also endorsed the initiative including the CVCA, StartupNorth, Real Ventures, iNovia Capital, Bootup, the Canadian Innovation Exchange. Podium Ventures and Startup Edmonton. If your organization would like to endorse us as well, please send maura [at] bootup [dot] ca a message.

Media

“It takes eight years for the Canadian immigration system to evaluate a young tech entrepreneur applying to immigrate from Paris. Applying from Hong Kong takes a little more than seven years, from New Delhi more than six and from Beijing nearly four.  In the world of technology startups, waiting times measured in Olympiads will convince applicants to apply for a visa elsewhere.”  -  Joe Friesen, The Globe & Mail

Startup Visa Canada has also received some great coverage in CVCA Magazine, BC Business, Techvibes, StartupNorth and Hacker News. You can find links to more stories in the Press section on the Startup Visa website.

How You Can Help

  1. Tell your friends to endorse the Initiative, if they have not already done so.
  2. Tweet and blog about the initiative @startupvisaca
  3. Send your local MP’s a message with a link to the site and express your support for Startup Visa Canada
  4. Follow us on Twitter @startupvisaca and like us on Facebook
Thanks again!

The Startup Visa Canada Team

Attracting foreign entrepreneurs

Canadian investors push for a Startup Visa to compete with aggressive new policies in other parts of the world

Curated content: First written for the Summer 2011 edition of the Private Capital Prive Magazine

by Chris Arsenault, iNovia Capital

No entrepreneur wants to start a business if he runs the risk of being expelled from thevery country in which it has been launched. This is the situation facing two Romanian citizens after embarking on a social network business in Vancouver. The two businessmen were participants in Vancouver’s Bootup Lab Seed Accelerator program last year, where they raised half a million dollars in venture capital for their company. They have already hired one employee and are now looking to hire a second one.

But despite their best efforts, the two men were unable to obtain an entrepreneur visa and will be forced to leave the country by the end of the year. One is in Canada on a business visa, which has already been extended twice, and the other has a work permit from another employer that lasts only until December.

“These guys were engineering interns at Google and Microsoft before they came to Vancouver,” says Boris Wertz, founder of W Media Ventures and one of their investors. “They could have gotten a job in California, but preferred to stay here and launch their own business. Instead, they have spent a third of their time trying to regularize their situation, without success.”

Current Canadian immigration rules require a foreign entrepreneur to own at least $300,000 in personal fixed assets and have no less than two years experience heading a company in order to qualify for an entrepreneur visa.

These rules do not reflect the new reality of startups launched by bright young entrepreneurs straight out of university, with little money in their pocket, like Mark Zuckerberg when he founded Facebook, says Wertz.

A new visa

That is why Wertz, along with Danny Robinson and Maura Rodgers from Bootup Entrepeneurial Society, issued a proposal to establish a new visa in Canada for foreign entrepreneurs in the knowledge-based sector.

Called Startup Visa Canada, the new scheme would require a foreign entrepreneur to raise seed capital of $150,000 from qualified venture capitalists in place of the $300,000 current personal assets requirement.

The entrepreneur would also need to get a one-third equity position in the company, be actively involved in its management and create at least three full-time equivalent jobs over the course of a two-year program period.

“There is so much talent out there, in Asia, in Europe, in Australia, (people) who might not have $300,000 in their pocket,” says Wertz. “We need to be able to attract these bright people so they can start their business here and generate wealth for Canada.”

The group began a petition and now has 400 signatures supporting the Startup Visa proposition. Signatories include more than 50 venture capital funds, such as iNovia Capital, Real Ventures and W Media Ventures, Canadian tech organizations, such as the Canadian Innovation Exchange, as well as leading Canadian entrepreneurs. A letter was also sent to Minister of Industry Tony Clement, calling on him to start a pilot-project with the new rules.

CVCA- Canada’s Venture Capital and Private Equity Association is behind the initiative as well. “We believe startups to be the driving force behind job creation and prosperity,” says executive director Richard Rémillard. “We need to be more attractive to foreign entrepreneurs.”

“We will run out of engineers, mathematicians, physicists and other knowledge industry people needed to spur innovation,” adds Jean-Sebastien Cournoyer, partner at Real Ventures,

a new $46-million seed fund created last year and backed by angels, entrepreneurs and the government of Quebec. “Innovation is global, and so is the talent. If we want to be a competitive hub for Internet companies, we must remove barriers such as this one.”

Canadian immigration rules do not reflect the new reality of startups launched by bright young entrepreneurs straight out of university, with little money in their pocket

Around the globe

Rémillard says Canada has to move quickly because aggressive legislation is being introduced elsewhere in the world to attract and retain the world’s brightest. On March 16, for instance, the British parliament approved changes to the immigration rules that came into effect on April 6.

Under the new rules, the standard investment threshold for an entrepreneur will remain at £200,000, but the government will allow high-potential businesses to come to the U.K. with £50,000 in funding from a reputable organization. As well, entrepreneurs will be allowed to enter the U.K. with their business partners so long as they have access to joint funds.

In addition, a new type of visitor visa will be created for prospective entrepreneurs coming into the U.K. They will be permitted to enter the country so that they can secure funding and make arrangements for starting their business before they transfer to an entrepreneur visa while there.

There will also be 1,000 visas per year available for “exceptional talent,” i.e. people who will be let in for three years and four months without requiring sponsorship by an employer.

Furthermore, the new rules give more flexibility to investors: they will be able to spend up to 180 days per year, rather than 90, outside the U.K. without affecting their right to settle there.

In Singapore, entrepreneurs can obtain their visas in only five weeks – compared to a year or two here in Canada – with a minimum US$50,000 investment.

In Chile, a new program lures entrepreneurs with a one-year visa and an investment of just US$40,000.

Closer to home, a Startup Visa Act was introduced in the U.S. in February 2010 by senators John Kerry and Richard Lugar. In the latest version of the bill, entrepreneurs living outside the country will get a visa if a qualified U.S. investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000. Two years later, the startup must have created five new American jobs and have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

The bill also addresses the situation surrounding workers on an H-1B visa, or graduates from U.S. universities in science, technology, engineering, mathematics or computer science. If these graduates have an annual income of at least $30,000 or assets of at least $60,000, and have had a U.S. investor commit investment of at least $20,000 in their venture, they get a visa. Two years on, the startup must have created three new American jobs and have either raised over $100,000 in financing or generate more than $100,000 in yearly revenue.

What’s more, foreign entrepreneurs whose business has generated at least $100,000 in sales from the U.S. can get a visa. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or generate more than $100,000 in yearly revenue.

With rules like these, one can easily think of a situation where a bright Canadian student would prefer to launch his company in California instead of in Canada.

Many well known investors and startup promoters are behind these changes, including Brad Feld (Foundry Group), Eric Ries (IMVU), Paul Graham (Y Combinator) and even Canadian Paul Kedrosky (Kauffman Foundation). They are launching a campaign to gain political support for the bill, using social-lobbying tools to gather tweets, Facebook posts and SMS messages and hand-deliver them to Congress.

Where will Canada be when the bill gets passed?

Check out the full Summer Magazine Edition of Private Capital Privé at http://www.cvca.ca

A brave new world: Amid the recent industry turmoil a rash of new VC players have emerged in Canada

This post was originally written for the Private Capital Privé winter 2010 edition of the printed magazine. And was Curated for nextMontreal on November 22, 2010.

No point in letting a good crisis go to waste. Opportunity emerges during times of market challenge. At the tail end of perhaps the toughest decade that the global – and Canadian – venture capital industry has endured, a flurry of new fund managers has hit the fundraising trail in Canada and successfully raised first-time funds.

It takes guts, and patience, to launch a new venture at times like these. You may have heard that the venture industry in Canada has been declining for years, that LPs are ‘pruning’ managers rather than adding new ones, and that raising a new fund is nothing short of a suicide mission. Nonetheless, you can’t say that entrepreneurial spirit and guts are not alive and well in the Canadian venture capital industry.

Compelling market opportunities, good teams, and perseverance in a difficult fundraising environment is paying off for a new generation of emerging VC managers in Canada.  In more than one way, we are witnessing the re-birth of the Canadian venture capital industry.

Canada has always been, and continues to be, a venture market that is dramatically underserved by capital, and so there is plenty of room for new entrants – indigenous, entrepreneurial and from outside our borders. Over the last year, against all odds, a new generation of emerging “entrepreneurial investors” teamed up around specific domains and market segments, built strong teams the same way a startup builds an A-team, and launched into a world of opportunities and chaos.

Impressive accomplishments on the fundraising trail by upstart GPs has created a dramatically changed landscape in Canadian venture capital.  Not to belittle the effort, it should be pointed out that some of these debut funds were on the money raising trail for a few years.  And now we have a whole new crop of opportunities being pursued, by a whole new crop of new venture investors.  Global digital media funds, global water business funds, expansion capital where none existed before in Canada, to name a few.

Vanedge Capital

Capital: $100M first closing

First Close:  May 2010

Partner Locations:  Vancouver and Shanghai

Investment Focus: Digital media

Sources of Capital: Numerous Canadian and foreign institutional, corporate and private LPs.

Team: Paul Lee is the former president of Electronic Arts responsible for the worldwide studios, as well as an active and successful angel investor. Glenn Entis is the former chief visual and technical officer of Electronic Arts and former CEO of Dreamworks Interactive.  Divesh Sisodraker is the former CFO of Taleo Corporation, former CEO of Pivotal Corporation and former finance head at ALI Technologies (McKesson).  Jason Chein is former general manager of EA China and former Asia developer relations with Microsoft’s Xbox group.

XPV Partners

Capital: $100M+

First Close:  February 2010

Partner Locations:  Toronto

Investment Focus: Water technologies and water-related businesses

Sources of Capital: Canadian and International institutions.

Team: XPV’s team is a marriage of investment expertise, sector knowledge and deep industry operating experience.

“Tenacity, focus and an enormous team effort has positioned XPV to capitalize on the growing investment opportunities now present in the water sector,” said David Henderson.

Georgian Partners

Capital: $50M+, first closing

First Close: July 2010

Partner Locations: Toronto

Investment Focus: Growth equity firm investing in expansion and later-stage enterprise software and information aggregation companies.

Sources of Capital: Institutional investors form Canada and the U.S.

Team: Georgian Partners Justin LaFayette, Simon Chong and John Berton; all have hands-on experience in operating and managing expansion stage technology ventures.

Tandem Expansion

Capital: $300M first close

First Close: November 2009

Partner Locations:  Toronto, Montreal and Vancouver

Investment Focus:  Later-stage Canadian technology companies

Sources of Capital:  Anchored by commitments from BDC, EDC and Teralys, which sponsored the formation of Tandem in collaboration with two of Canada’s best- known business leaders.

Team: Tandem’s managing partners – David Bookbinder, Andre Gauthier, Christopher Legg and Alex Moorhead – all have significant investment and entrepreneurial experience domestically and internationally.

“Tandem is the only Canadian based growth equity fund, this give us a unique advantage in both sourcing and working closely with our portfolio companies,” said  Christopher Legg.

Mantella Venture Partners

Capital: $20M

First Close:  March 2010

Partner Locations:  Toronto

Focus: Invest in domain expert entrepreneurs who are building early stage mobile and Internet software companies, surrounding them with an ecosystem of experienced operators to get their ideas from conception to market.

Sources of Capital: A family owned commercial and residential real estate developer

Team: The main investment partners are Robin Axon and Duncan Hill. Robin is ex-Ventures West and Duncan was an EiR at Ventures West and previously founded Think Dynamics (acquired by IBM back in 2003).

“At MantellaVP we believe strongly in maintaining alignment between founders and investors. We work shoulder to shoulder with entrepreneurs to build their business, and provide the right capital at the right time. This ensures that at all stages of the company’s evolution, a good outcome for the founders is a good outcome for everyone,” said Duncan Hill.

Real Ventures

Capital: $50M initial closing

First Close: October 2010

Partner Locations:  Montreal

Investment Focus: Seed stage venture capital firm investing in Internet, software, mobile, digital media, social and casual gaming startups.

Sources of Capital: Invest Quebec, Fonds FTQ and private LPs

Team: John Stokes, JS Cournoyer, Alan MacIntosh, Mark MacLeod, Austin Hill and Daniel Drouet, who have all been entrepreneurs, angels and/or VCs.

“The Web and mobile web are creating major disruption, incumbents are being challenged and new markets being created. The productizing and commercialization of ideas can be done with significantly less capital and as innovation is becoming harder to realize internally, established companies are using acquisitions to fuel revenue growth…what a great time to be starting a business … or a venture fund!” said John Stokes.

W Media Ventures

Capital: undisclosed

First Close: Started investing in November 2007

Partner Locations:  Vancouver

Investment Focus: Consumer Internet, social media, online commerce

Sources of Capital: personal investment fund of sole partner, Boris Wertz

W Media has completed over 20 investments to date, with a majority done in the Pacific Northwest. WMedia also has a unique connection with Vancouver based Bootup Labs.

Incubators 2.0 (aka “Accelerators”):

In the late 1990s, the first wave of private incubators arrived on the scene in Canada, emulating the models of their U.S. counterparts.  A few short years later, precipitated by the technology and equity market implosion, this part of the Canadian venture and startup eco-system entered extinction. Various government programs attempted to fill some of the gaps in providing services (but usually not capital) to the new generation of post-bubble era technology startups.  Now, nearly a decade later, with an explosion of new startup activity in Canada’s major technology clusters in Vancouver, Montreal and Toronto, a new wave of entrepreneurially driven accelerators – such as Montreal StartUp, Vancouver’s Bootup Labs, Ontario’s BaseCamp (Mantella-related), Extreme Ventures NeoTech, Bolidea and newly-launched Year One Labs  – are taking the Canadian startup landscape by storm.

Newcomers such as these are helping build a more savvy roster of entrepreneurs eager to attract follow-on financing from VCs. Some are already generating exits before VCs have an opportunity to get a seat at the table; witness Extreme’s two visible exits, one to Google and the other to Electronic Arts, within its first few years in operation. All provide hands-on support at every stage of a company’s creation and growth – from business development and marketing to financing and team development – to help facilitate early market traction. Oh yeah, and some also have cash, which, not surprisingly, still matters an awful lot to most startups, even if the amounts they need are smaller.

Silicon Valley comes calling:

Not alone in their optimism for the Canadian investment landscape, the new crop of Canadian venture capital players are also joined by a number of new entrants from the Silicon Valley who are exhibiting keen interest in the Canada.  In each case, there is knowledge of the Canadian market opportunity owing to one or more partners having roots in Canada.

Altos Ventures, Bridgescale Ventures and Panorama Capital – all Sandhill Road firms – have made investments in Canadian companies during 2010.  All three firms focus on expansion-stage venture financing, while making selective earlier-stage investments on occasion. The deals being done by these Valley funds split quite evenly between Western Canada and central Canada. What is most striking is the visibly increasing commitment of partner time to the Canadian market. In the case of Bridgescale, two Canadian-based partners have been added, both in Toronto, including the October 2010 announcement that Derek Smyth – the final partner remaining at now defunct Edgestone Venture Capital – was joining the Bridgescale team.  Bridgescale is the first Silicon Valley firm to locate partners in Canada.  A betting man might wager that they won’t be the last.

This fall, Silicon Valley’s technology accelerator on steroids, Plug and Play Tech Center, announced expansion plans into Canada.  CEO Saeed Amidi made the announcement at a private gathering in Vancouver (where he also happens to have a second home), stating a keen personal interest in “strengthening and leveraging the bridge between Canada’s technology sector and Plug and Play’s industry and venture capital network in the Valley.”   Virtually every major technology company in the acquisition game, and a list of venture capital funds that appears only in the wildest dreams of most Canadian entrepreneurs, is partnered in some way with Plug and Play in Sunnyvale, California. Plug and Play plans to set up shop in Vancouver in 2011 and its venture arm Amidzad Ventures, which has seed funded dozens of Valley startups including major players such as PayPal, comes along with the deal.

Canada goes calling in China.  Russia comes calling in Canada:

With only a few short years into a landmark fund structure involving a major corporate capital commitment from Research In Motion, alongside commitments from U.S. and Canadian institutional LPs, the Black Berry fund managers – a new partnership between JLA Ventures and RBC Capital – announced the first closing of a new Blackberry Partners China Fund.  With $100M+ in initial commitments, this vintage 2010 fund represents a first in Canadian venture capital – a Canadian venture fund manager successfully establishing an international fund. Interestingly, VanEdge Capital, which closed during the same month as Blackberry China, also has designs on Asia, and one of its initial three partners is based in Shanghai. Previous attempts to establish funds with an Asian focus, including efforts over the past decade by private independent managers such as McLean Watson and even the Canadian government’s own BDC Venture Capital, have not taken flight.

More evidence of the growing international presence of Canadian venture capital is found in the Russian-Canadian partnership led by Rusnano, who has recently announced plans to partner with John Varghese, CEO and managing partner of Canadian venture fund manager VentureLink. Varghese plans on assembling a new nano-technology focused fund that will pursue investments from a Canadian base. Is this a sign? A new direction for Venture Capital? A new Canadian reality? The Fund will invest in Canadian companies that have the potential for global expansion. The wrinkle or added benefit of the partnership with Rusnano is that each investment will have a corporate sponsor in Russia prior to the first investment being made. Thus the go-to market strategy of each company will be established with a customer that can be referenced, facilitating global expansion.  Can we say procurement assistance?

Domain expertise, cross-border partnerships, a growing network of valuable industry and private capital relationships, value-added support, seed acceleration facilities and teams: these are all trends gripping Canadian venture capital.  A brave new world – with brave new leaders – is evolving, and fast.

Co-written by Chris Arsenault and Steve Hnatiuk

NOTE: this post was originally written for the Private Capital Privé winter 2010 edition of the printed magazine. And was Curated for nextMontreal.

CVCA 2010 Conference a Record Breaking Success! (Come and check out the video blog)

This is a repost from the amazing video-blogger Kristina Tomaz-Young of Venture Cap TV

VC-TV

Welcome to our THREE part video cast series of the Canadian Venture Capital 2010 Conference. And, what an event it was! Check out the must see videos below, here for the link to file of all speaker bios and here for the link to the picture gallery.

Prominent leaders from the private equity and venture capital community participated in record breaking attendance! It’s speaks much to the energy that the CVCA passionately commits to the industry.cvca-2010

Sleeves were rolled up, ideas were churning….you could literally feel the exciting energy pulsating throughout the crowd at the panel discussions and in the hallways. Lessons & opportunities were shared, valuable contacts were made, and fun was also most definitely had at the evening gala with their Entrepreneur of the Year Award and the hilarious Rick Mercer show, not to mention the Scotch tasting event and great mingling!

This year’s theme was Driving Innovation. And we were privileged to learn from impressive keynote speakers like Glenn Hutchins co-founder and co-CEO of Silver Lake and red carpet panelists including Jacques Bernier (Managing Partner of Teralys Capital), Chris Albinson (Managing Director of Panorama Capital & co-founder of the C100), Paul V. Lee (Managing General Partner of Vanedge Capital and so many more who shared their perspectives and sector possibilities to explore. If you’d like a full line up of the presenters and their bios, please click here. Conference Chair David Adderley of Celtic House Venture Partners and his organizing committee certainly put on an unforgettable, valuable conference for the private equity and venture capital community.

So if you’re raring to go…come check out:

  • Part 1 features Day 1, Part 1 where we’ll meet brilliant, innovative thinking venture capitalist and conference Chair David Adderley who shares a great recap of this incredible event as well as one of the CVCA’s highly valued sponsors, the eloquent Ann Bowman of RBC.

  • Part 2 features the rest of Day 1. Come here what Chris Albinson (Panorama Capital) and KenKen Cheveldayoff (a Ministry of Enterprise at the time of the event) have to say about what our Canadian companies do very well, what we need to fix and our opportunities here and abroad.

  • Part 3 covers Day 2 looking at innovative ways to approach new markets globally, what the future holds and breeding success with entrepreneurs. Check out our interview with Jacques Bernier (Teralys Capital) about rebooting our system to be the best, what we do right and what we need to improve. We also had a chance to meet up with Paul V. Lee (Vanedge Capital) who spoke to us about the closing of his exciting new fund and the exciting opportunities available.
  • And for those of you who’d like access to Jacques’ reboot analogy, for an entertaining depiction of our industry scenario! Ah, yes, it’s never boring with Jacques!

Before we dash, a few words of thanks for the accomplishments, kindness and generosity of our colleages..so:

  • Thank you to Richard Remillard (CVCA Executive Director), Lauren Linton (CVCA Marketing Director), the CVCA team and the conference Chair David Adderley for an outstanding event.
  • A big thank you to all our featured guests for taking the time to share their rich advice and experiences.
  • A special thank you Christian Zabbal of Black Coral Capital for opening doors and encouragement ever since vc-tv was a spark in my eye!
  • Un gros merci beaucoup to the energetic, brilliant Chris Arsenault of iNovia Capital the CVCA’s 2008 Conference Chair (which was also a record breaker!) for being a relentless, passionate champion for the venture capital/start-up community and growing eco-system. We’re privileged to have you at the helm with your fellow leaders.
  • Thank you to the video production start-up company FFwd Films for your talent and delivering on your promise to produce a professional product. Challenges, obstacles and extraordinary circumstances & all, we kept on going and we did it!!!
  • Much gratitude to Embrace and your wonderful fellow sponsors for your kind sponsorship and valuable support.

And, thank YOU for visiting VC-TV. Come back again real soon!

(*Please note that out video casts are normally posted very soon after each event or interview. This was the first time we were delayed. We’re a start-up, and like many start-ups, we ran into some start-up challenges. But, solutions were actively sought, situations were co-operatively resolved, and we’re so pleased to share our coverage of the event with you. And this time, rather than one videocast released at a time, here’s all three! We hope you enjoy them!)

Change in tax law sends a strong signal to international investors that Canada is “open for business”

Following March 4th Canadian federal Budget, Deloite released a comprehensive summary (Link to full release) of the impact of the changes to the Taxable Canadian Property better knowned as Section 116, which is outlined below.

The CVCA Applauds Budget Decision to Remove Foreign Investment Barrier (CVCA release Link).

cvca-icon“The CVCA has long requested the elimination of Section 116 as it pertains to the venture capital and private equity industry and we wish to congratulate the federal government for taking action,” said Gregory Smith, President of the CVCA. “Many CVCA members, as well as a large number of individuals and organizations, have been actively encouraging the federal government to eliminate this section of the Income Tax Act which has had a dampening effect on cross-border venture capital and private equity transactions. Its removal provides an important signal to foreign investors that Canada welcomes their contributions to growing companies and employment.”

Note that there were also a number of highlight’s from the Canadian government’s Throne Speech and Budget that may have a direct impact on the technology landscape of Canada. TechVibes did a good job of summarizing the main Tech elements (Link to blog here)

Deloitte. SUMMARY

“The CVCA has long requested the elimination of Section 116 as it pertains to the venture
capital and private equity industry and we wish to congratulate the federal government for
taking action,” said Gregory Smith, President of the CVCA. “Many CVCA members, as well as
a large number of individuals and organizations, have been actively encouraging the federal
government to eliminate this section of the Income Tax Act which has had a dampening effect
on cross-border venture capital and private equity transactions. Its removal provides an
important signal to foreign investors that Canada welcomes their contributions to growing
companies and employment.”

Government removes tax barriers and stimulates flow of capital across Canadian border

Canadian companies across the country are likely applauding today’s federal budget, which contains tax law changes that give them the advantage they need to compete on the global stage.

By amending the definition of “taxable Canadian property” to exclude shares of Canadian private companies (where not more than 50% of their value is derived from real property in Canada, Canadian resource property or timber resource property), the government has significantly reduced administrative and, in some cases, economic barriers to foreign investment in Canadian-based innovation and technology. This change puts Canada at the top of the list of places to invest globally.

“The changes in tax legislation announced in today’s budget are among the most significant changes to capital gains taxation since the introduction of taxation of capital gains in 1972,” explains John Ruffolo, Global Tax Technology, Media & Telecommunications Leader, Deloitte. “The Canadian government has listened to the financing community, understood the severity of the problem and removed the major tax barriers that have prevented critically needed international investment capital from crossing our borders.”

“At a minimal cost to the government, this amendment will have an immediate, positive and direct impact on Canada’s ability to grow a robust Canadian technology industry,” explains Terry Matthews, Chairman, Wesley Clover. “By sending a clear message to international investors that Canada is “open for business”, the government will make Canadian companies more attractive to foreign investors overnight. This will help Canadian companies raise the capital they need to achieve global leadership status.”

The change means a much more welcoming environment for foreign investors. In the vast majority of cases, non-residents who were not taxable on the disposition of their investments in such shares due to Canada’s broad international tax treaty network, are now exempt from tax under Canadian domestic law without having to apply for treaty relief.  As a result, they are no longer required to comply with the Section 116 tax clearance certificate procedure or file a Canadian income tax return. The changes also remove what were perceived to be insurmountable barriers for many venture capitalists who considered the previous administrative requirements and economic delays for each investor to be strong deterrents to investing in Canada.

“The removal of the Section 116 tax barrier is a tax master stroke by the Canadian government enabling Canada’s emerging technology companies to access deep pools of international capital and the vast global customer markets to which those pools are connected,” notes Stephen Hurwitz, Partner, Choate Hall & Stewart LLP in Boston. “I predict that over time this farsighted tax legislation will help propel Canada’s extraordinary technology into global industry leadership in numerous markets, and will likely be viewed in the future as a defining moment for the Harper government in Canadian innovation.”

BACKGROUND INFORMATION ON THE SECTION 116 TAX BARRIERS

The following describes the tax barriers that were removed in today’s budget and that are no longer preventing international investment in Canada:

  • Withholding and Section 116 certificate process — The overwhelming majority of foreign VCs are not subject to Canadian tax when they sell an investment, but face a delay of many months to work through the Section 116 tax clearance process until funds can freely flow to them. Many foreign VCs are structured such that each of the investors in the VC — sometimes hundreds or even thousands — is subject to this clearance process as if they held the investment directly. This delay results in lower returns and frequently causes direct financial loss to investors. Canadians who invest in the United States, the United Kingdom and other major global markets do not face such taxes or delays from red tape.
  • Requirement to file Canadian tax returns by foreigners who don’t owe taxes creates hundreds of pages of unnecessary paperwork — Canada imposed tax filing requirements in circumstances where no taxes were payable by these investors. When a foreign VC sells an investment, each investor of the foreign VC has to file a Canadian tax return even if they don’t owe any taxes. This results in literally hundreds of pages of documents that are required for signature and processing for a single sale. This tax return filing issue also applies to certain Canadian public companies.

Why Canada was perceived by VCs as having an unfavourable tax environment

A 2007 survey by Deloitte and Canada’s Venture Capital & Private Equity Association (CVCA) of 528 VCs from around the world found that 40% of U.S. respondents and 28% of global respondents cited Canada’s unfavourable tax environment as a key reason for not investing in Canadian companies. This level of concern is five times higher than for any other country in the survey and reflects the current investment crisis within Canada’s venture capital industry. The survey also found that Canada is attracting the attention of just 11% of U.S. VCs as a primary country for expansion — behind China (34%) and India (24%).

Please find the full release by Deloitte Here. EAVB_THMQKZAOUO

Canada’s Private Equity industry is on fire

Re-post: Mark McQueen and the Wellington Financial Blog of 12 January 2010

Good news abounds for the Canadian private equity industry.

Just last week, Onex just closed on a new US$4.3 billion fund, called Onex Partners III, of which US$3.5 billion came from third party institutional investors. That US$3.5 billion is 75% more than had been raised for Onex II. According to CPP Investment Board’s website, it committed US$400 million to Onex Partners III in 2008; this commitment is more than double their US$150MM stake in 2003-vintage Onex Partners I.

CPPIB’s 2003 vintage investment in Onex I earned a 124.7% return on the capital invested (see prior post “CPPIB Canadian general partner Q2 2009 performance numbers” Nov 14-09).

Oncap, the small and mid-sized buyout arm of Onex, has also come through the recession with flying colours. $575 million Oncap II has been prudent about capital deployment during private equity’s “Golden Era”, and still has plenty of dry powder to invest. In a lower-valuation environment, having a chequebook is everything. Particularly when many U.S.-based PE funds are marketing their own new funds, and likely out of the market for new deals.

Birch Hill Private Equity Partners had a fabulous first close of $425 million in November. Considering the state of the pension fund universe and the negative impact that the drop in the public equity markets has had on the allocations that pensions have to “alternative assets”, this $425 million number is blockbuster. The fundraising target is $850 million in total. Their Sleep Country and Shred-It investments stick out as recent successes.

Clairvest Group Inc. had a $200 million first close on Clairvest Equity Partners IV, with one Ontario-based pension fund subscribing for $100 million at the outset. The balance of the $200 million comes from Clairvest’s own public company cash, a majority of which is owned by the management team and board of directors. Given their success with back-to-back PE “Deals of the Year” (see prior post “Clairvest makes it back-to-back “Deal of the Year” awards” Sept 23-09), you can be sure that $200 million figure will grow larger with subsequent closings in 2010. CPPIB’s $50 million commitment to 2001-vintage Clairvest EP Igrew by 51% in value as of the last reported quarter.

For its part, Torquest Partners has been busy closing new investments and financing tuckunders for portfolio company FirstOnSite. They even recruited the well-respected and popular Michael Hollend away from the excitement of the venture capital industry; Michael officially became a merchant banker in December. Every time I take my Nikon D300 on the road, I take a piece of Torquest with me via their Lowepro investment.

Canada’s private equity industry is definitely on a roll.

MRM
(disclosure – CVG is a partner in Wellington Financial and an LP in our fund)

The Institutional Limited Partners Association (ILPA) releases the ILPA Private Equity Principles

The Institutional Limited Partners Association (ILPA) releases the ILPA Private Equity Principles

After a long consultative process with ILPA members and other industry constituents, the ILPA has released a best practices document that outlines a set of guidelines regarding partnership governance, alignment of interest between GPs and LPs and reporting & transparency.

To endorse the Principles, please click here Please include your name, as well as the organization you are endorsing on behalf of in your e-mail.  To view the Principles, click here

Below you will find the official press release issued today by the ILPA and supported by the CVCA.

The Institutional Limited Partners Association (ILPA) releases the ILPA Private Equity Principles

Guidelines intend to create framework for sustainability and growth of asset class through improved governance, alignment of interests and transparency

TORONTO, ONTARIO – The Institutional Limited Partners Association (ILPA) today introduced the ILPA Private Equity Principles, which establishes a set of principles and best practices for the private equity industry with the goal of strengthening the long-term viability of the asset class as an institutional investment strategy. Through enhanced partnership governance, strong alignment of interests and improved investor reporting and transparency, the ILPA believes the limited partner and general partner communities as well as other industry practitioners will mutually benefit from an improved set of guidelines that reaffirm a focus on investment value creation. This approach has historically served as the key tenet to the success of the asset class.

“Private equity has become an important strategy for most institutional investors from around the world as overall returns from private equity have outpaced those of other asset classes over the long run,” said Joncarlo Mark, Chairman of the ILPA. “This is primarily the result of a traditionally strong alignment between general partners and their portfolio companies and a focus on growing these businesses. A similar alignment between the general partners and the supporting institutions that provide them investment capital will help ensure successful returns in the future.”

The ILPA Private Equity Principles were developed through broad communication and coordination between a wide cross section of private equity investment institutions. This process included input from many of ILPA’s 215 member organizations from around the world, which provided feedback through roundtable discussions and a comprehensive survey that ultimately generated the concepts proposed in this document.

“The ILPA’s mission is to provide networking, communication and ongoing research and education – including the development of best practices – that will help our members and other industry participants improve their investment capabilities and performance,” said Kathy Jeramaz-Larson, Executive Director of the ILPA. “The ILPA Private Equity Principles will establish an operating framework for investors to engage in ongoing dialogue and to develop improvements that will benefit the industry for years to come.” In conjunction with the release of this document, ILPA has formed a new Best Practices Committee that will focus on continuing to strengthen private equity as an asset class by soliciting input from other private equity practitioners and by utilizing the Private Equity Principles as a living document to incorporate changes as warranted in the future.

In addition, ILPA encourages and welcomes the formal endorsement of the ILPA Private Equity Principles from both members and non-members, including general partners, fund-of-funds and industry consultants. The ILPA Private Equity Principles are posted on the ILPA website at www.ilpa.org. A list of institutions that wish to be formally recognized as signatories to the Private Equity Principles will also be posted and updated on a regular basis.

The Institutional Limited Partners Association is a not-for-profit association committed to serving limited partner investors in the global private equity industry by providing a forum for facilitating value-added communication, enhancing education in the asset class and promoting research and standards in the private equity industry. ILPA has over 215 institutional member organizations that collectively manage approximately $1 trillion of private equity assets. For a copy of the ILPA Private Equity Principles or for more information about ILPA, please visit www.ilpa.org.

Getting over the crisis

Interview with Thomas J. Barrack Jr. of Colony Capital

By Chris Arsenault Managing Partner at iNovia Capital

Please note that a full copy in .pdf of the magazine can be downloaded on the CVCA web site.

First, you survive the crisis, then you take advantage of the opportunities afforded by the confusion, advises CVCA keynote speaker Thomas J. Barrack Jr.

At this year’s CVCA Annual Conference, held in Calgary in late May, we had the pleasure to have with us, as a keynote speaker, Thomas J. Barrack Jr., Founder, Chairman and CEO of Colony Capital, LLC. Barrack’s keynote speech was of utmost interest and very enjoyable, in part because he presented the audience with his views on both sides of the harsh reality of today’s private equity buyout market, outlining the key challenges as well as some great opportunities.

Like many other private equity buyout firms across North America, Barrack’s firm, Colony Capital, is having a tough time adjusting to all the changes caused by what is considered to be the worst market ever for the U.S. investment community.

Even though Colony Capital has only one transaction of importance in Canada, the 2006 acquisition of Fairmont Hotels & Resorts Inc., Barrack believes Canada will be one of the big winners coming out of this global crisis. This is being driven by the country’s stronger banking system, smaller and better performing buyout funds, and fundamentally sound assets across numerous line of business. They weren’t as badly impacted by the sub-prime crisis due to the fact that they weren’t overly leveraged with debt.

Barrack recently took the time to expand on some of his views with Private Capital.

Chris Arsenault: What are your current views on the state of the private equity industry in general?

Thomas J. Barrack: Let me summarize a few of my instinctive views into two categories, short term and long term.

Short term: debt is the new equity (rescue, restructuring and acquisition of all forms of distressed debt); alternative energy subsidized platforms will be the flavour of the year; real estate will continue to get clobbered; private equity will perform poorly for another two years.

Long term: oil is the new gold; alternative energy projects will reduce oil supply and increase cost; real estate will be the asset of choice; technology will play a bigger role in communications and will impact the real estate model and travel; private equity will outperform other asset classes and VC and technology funds will be at the top of the list.

Arsenault: Do you see more challenges or more opportunities for private equity players?

Barrack: Colony Capital has a few billion in dry powder, and we are being asked: “Don’t go to fast, don’t be too opportunistic.” The reasoning behind such comments is understandable and is being felt across the whole private equity community. The major investors in private equity funds are banks, pension funds and endowment funds, and their contributions are directly impacted by the lack of distribution by private equity funds. They need distributions in order to make their contributions but they got a double hit, first by a slowdown in distributions AND simultaneously by a 50 per cent asset value loss.

The super funds are the ones that are suffering the most though, they lost more money in the last two years then they had made over the last 10 years. The fee dilemma created by these funds also didn’t help as some firms were leveraging their fees to a point where it killed the model of sticking to finite capital for fees and infinite capital for investments.

We are seeing great opportunities, sound businesses being deleveraged, and true value that can be built through time. We are going back to more realistic growth objectives and we expect to do very well in the mid to long term. In the short term we have to focus on the challenges from an inches and feet perspective, not miles. We need to fix the trust issues between fund managers, investors, lenders and the markets. High leveraging multiples must be part of our past.

Arsenault: How are private equity buyout funds, such as Colony Capital, reacting to the new paradigms?

Barrack: This crisis will pass like all other crises. The key is two-fold: First you need to survive; second, you need to take advantage of the opportunities created by confusion. Experience will show a lot of its value in the coming 18 to 24 months. Inflation will return exponentially within two to three years. Private equity & real estate will directly benefit from the short-term deleveraging and the long-term inflation.

Arsenault: What does your experience tell you?

Barrack: That we need to return to principled leadership by making decent and informed decisions based on true value for the long term. No short-term value creation thinking. Even though the short term will continue to be unpredictable, the medium to long term are totally predictable. We entered into an era of broken confidence, adrift in a sea of unfulfilled expectations. New equity owners will take the reins of very valuable operating companies, acquire assets on a lower cost base and start deleveraging. And with these new teams being incented with long-term value creation goals, investor returns will be restored, and with lower leverage ratios, confidence and trust will be restored. But first, you need to survive!

Arsenault: How much deleveraging needs to occur?

Barrack: $6.9 trillion. So we will still have pretty shaky grounds in the short term. In the long run, the winners will also include those able to convert debt into equity.

Arsenault: How about your views on Canada?

Barrack: Canada can be a strong beneficiary of what is happening. The U.S. is in its worst shape ever. While here in Canada, the banks are solid, we haven’t seen any hyper leveraging; no super funds were put in place. And in these times unique skills are required, different tools are needed, and Canada is better equipped to delicately take advantage of the opportunities created by the numerous short-term stimulus packages.

Arsenault: Any other points you would like to share?

Barrack: The private equity model is changing and the focus will be going back to slower, more realistic growth and building stronger companies. A clearer understanding of the fundamentals – honesty, integrity and force of character – will show. I think many older fund managers will take this opportunity to retire, giving more room to younger more energetic managers to step in. And hopefully they will do things right and slow and understand they need to bring the confidence back, the circle of trust.

This global crisis is a savior for some, as it basically gave all fund managers a free “Get out of Jail” pass for returns!

Now it’s our time baby!

Interview with Timothy C. Draper, Founder and Managing Director, Draper Fisher Jurvetson

By Chris Arsenault Managing Partner at iNovia Capital

Please note that a full copy in .pdf of the magazine can be downloaded on the CVCA web site.

The outspoken and energetic Silicon Valley investor icon Tim Draper storms the stage at the 2009 CVCA Annual Conference

The theme of this year’s CVCA Annual Conference was “Embrace our Energy.” Well, keynote speaker Tim Draper did just that. He had more energy than any other venture capitalist in the room that evening – his eyes were sparkling and he saw opportunity everywhere.

When asked about the current state of the venture capital industry, Draper, who is Founder and Managing Director at Draper Fisher Jurvetson, focused on two core issues. First: we need to break down the borders and enable free trade, he said, and second, we need a new private stock market. While Draper offered no solutions on achieving free trade, he continues to actively advocate for borderless markets. He regularly takes time out of his busy schedule to speak with government officials, the private equity industry, politicians and industry leaders to convince them the world will be a better place if we dropped our commercial borders.

On the second issue, Draper expects to be able to launch a new private equity exchange market. Oh yeah, and Draper also sings! He not only sings, he wrote the lyrics to the “The Riskmaster” and gave CVCA attendees a taste of his singing skills right there and then. Good thing we had the lyrics on the screen to sing along!

Chris Arsenault: What makes these times so exiting for you?

Tim Draper: Timing is now! The current crisis is creating huge liquidity problems. The venture backed IPO market is inexistent and it’s tough for entrepreneurs, venture capitalists, limited partners and future entrepreneurs. While some people are panicking, or even worse clinging to the past, I think that crisis creates opportunity. And that’s a VC’s job to identify the opportunities.

Arsenault: You said earlier that our time was now, why is that?

Draper: I’m talking about the cycle of high returns for venture capital funds versus private equity funds. It’s a cycle. One goes up while the other goes down. The last cycle was owned by the private equity guys, from 2000 to 2008, and they had an amazing run. Until last year that is. We just now embarked on the venture capital cycle and will be coming out of the recession. That means good business for us. It’s the best time ever to invest venture capital money: we are going through a recession/depression, there are low company valuations, liquidity solutions are near, there’s less competition for VCs and entrepreneurs, and new technologies will be game changers.

Arsenault: How does your experience guide you through these times?

Draper: My father and my grandfather pioneered venture capital in Silicon Valley and I’ve been in the business for over 25 years. Some of the greatest companies in the world have started in recessions or depressions, such as GE, IBM, HP, Adobe, Skype and Johnson & Johnson. And now is the best time to invest in start-ups because existing companies are reeling, smart people are out of a job, new technologies are going to change the way we work and play, and there are fewer start-up competitors.

Entrepreneurs are now more enabled by technology than ever before. Entrepreneurs don’t require as much cash either. So we need to support these entrepreneurs, but we now get a larger stake in the company because of the more reasonable valuations. I do fear that there will be less VCs out there though. I also think that the markets will come back. They are slowly creeping back, but we need a new platform for liquidity.

Arsenault: So tell us more about XChange.

Draper: Awesome. This is the greatest thing to happen in the liquidity markets in a long time. XChange is a new springboard to an IPO. Companies can post their profile, raise money, control access and communicate with shareholders. Investors can peruse, connect with companies, buy and sell shares. The technology behind the platform answers today’s communications needs.

My company Draper Fisher Jurvetson is a substantial investor behind XChange. We need more liquidity. Liquidity is what drives deals. The current markets don’t offer solutions for companies under $250 million. This platform will enable companies to remain private while providing liquidity to investors. It will allow entrepreneurs to raise cash for their ventures while enabling investors to get their money out short of an IPO. Investors will need to be qualified trading institutions. Big names will be backing this new platform. We expect to launch in September.

Arsenault: What do you see in Canada?

Draper: Well first, the XChange platform won’t be available in Canada, at least not at initially, but it would be great to find a partner to do so. The Canadian government should drop the borders and have real free trade with the U.S. Lower friction to do business is needed. Aren’t we are both socialist countries now?

We want to bring our DFJ network to Canada and do more deals here. Canada has a history of great technologies – RIM, Sierra Wireless, OpenText, Sharepoint – great universities, a strong entrepreneurial community and a better perspective from outside Silicon Valley, more creative.

This is our time now!

OUR INDUSTRY IS ALIVE AND KICKIN’ – So lead, follow or get out of the way!

By Chris Arsenault, Managing Partner & COO at iNovia Capital

Within 3 days I probably saw more Tweets and Blogs about the Canadian Venture Capital Ecosystem and Canadian Entrepreneurship than I’ve seen in any given month! Rants, Raves, Criticism and Support, some comments were without any dept while others provided insight. Over the last few weeks, we started hearing about the different provincial government initiatives to support, as investors, the venture capital industry, thus addressing in part the lack of equity financing for existing and new promising technology companies across Canada. Following the CVCA publication earlier this year of a Comprehensive Study on The Impact of Venture Capital in Canada on Economy, Jobs and Innovation (link), many provincial governments jumped on the bag wagon and were announcing fund commitments, new fund creations and/or new budget allocations to VC in order to show their support and help in addressing this crying need for more venture capital funding for Canadian businesses.

Even though we still haven’t resolved the fundamental issue of having private capital flow to entrepreneurs with high growth businesses via more LP commitments towards privately managed venture capital funds, I was pleased to read about the initiatives, the interest and comments from the various players of our ecosystem. The level of comments I received (online and directly via email) from my recent post about the indirect benefits of the recent Quebec government commitments towards venture capital (first posted on Montreal Tech Watch) $5 billion to end up in the hands of Canadian entrepreneurs, nothing less! told me one thing: Yes, people care, people want change, people are showing leadership, support and interest. I’m not saying that everybody agreed with what they understood was going on and how the challenges are being addressed, many had their own views on the Canadian funding issues and had very different opinions, and that’s a good thing, I respect that, as long as those who are voicing their opinions can show leadership by causing action and are participating in the debate by building our industry, not purposely demolishing it.

I suggest you checkout the following blogs for more views and angles, some are more positive than others, yet they all offer additional insight, such as Suzanne Dingwall: Ont. Gov’t As A VC: In with a Whimper, Not a Bang; Mark McQueen’s OVCF dips toe in Ontario waters with “commitment” to Georgian Partners; and entrepreneur start-up CFO Mark MacLeod’S Unfair Advantage only to name a few.

The article from The Canadian Press, and interview with Edmee Metivier, the Business Development Bank  executive vice president of financing, gave a glimpsed of the importance of the continued support needed for our Canadian technology ecosystem and the role some government agencies (such as the BDC) play ‘Lost generation’ of technology threatens Canada: official; The techvibe Canada’s Venture Capital industry is bad? blog posted comments and perspective from Brian Sharwood. Which in itself was interesting because it was a pure entrepreneurs’ view on the VC industry and start-up related government economic development agencies, questioning the way the system works from his angle.

But then… then… came the infamous WSJ article with as interviewee:  Mark Skapinker. Ouch! That one hurt. Why? Because the message that came across was wrong, the burning Canadian flag was an insult, and it created a false generalized impression that we, as Canadian Entrepreneurs and VCs had failed. No the Canadian Venture Capital Community is not dead nor broken, it’s evolving and that’s a good thing! The Canadian Venture Capital Community, like in any other country, needs to adapt to its own national realities while at the same time face global competition. And secondly, we do have great new and recurring entrepreneurs, that have proven time after time that we can built great companies (even though we end up selling most of them to foreigner). Can Canada afford to have more proven and successful Canadian Tech CEO’s and Entrepreneurs? Of course, 10 times more, easy! Do Canadian Venture Capital Fund have enough financial resources to fund all the great deals out there? No, and we need to convince more institutions to allocate funds to VC & PE and we need toshow then hard results and strong IRRS!   

For those of you who missed some of the action, here are  the few must read links related to the infamous article:

1.     The Wall Street Journal article itself: O Canada VC, We Stand On Guard For Thee

2.     The reaction, among others of Mark McQueen: Skapinker gives his homeland the Bronx Cheer

3.     The clarification blog by Mark Skapinker: Say it like you see it – and get kicked in the ass

4.     The Rick Segal reaction: Owww! I hate getting hit from behind

5.     The clarifying-clarification of Mark McQueen: Skapinker gives his homeland the Bronx Cheer part 2

I personally think that we can wish and want, complain and comment as much as we want. But the only way to build a successful business, a successful fund, to build a strong ecosystem, to innovate in an ever-changing environment, is by showing leadership. No one person, nor firm nor government will make any true difference “alone”. We can’t expect everybody to agree on “how” our ecosystem should be built or how our industry should thrive. But we can agree to respect the leadership of others, to work towards building a strong ecosystem and support those who take initiative in paving the way towards solidifying our Entrepreneurship and Venture Capital base.   

Call to action! If someone doesn’t agree on how things are being done, then instead of complaining, show leadership and take action. Everybody, in its own capacity, can provide leadership, do his/her part, or at the least, support the leadership it believes is right.

I look forward to read more about what SHOULD be done, yet I sincerely expect to witness more of what WILL be done.

Chris