Archive for the ‘ Private Equity ’ Category

Active VC’s (Canadian & foreign), repeat CEO’s, passionate entrepreneurs and VC & PE industry leaders

Active VC’s (Canadian & foreign), repeat CEO’s, passionate entrepreneurs and VC & PE industry leaders will meet at his year’s Annual CVCA Conference – to be held in Calgary on May 27-29th 2009

CVCA 2009 Annual Conference

If you attend ONE private capital conference this year, this is the one you should attend – CVCA’s Annual Conference is the premier networking and professional development event for Canada’s venture capital and private equity industry and repeatedly attracts over 400 industry professionals and influencers from across the country, the U.S. and around the world. 

I highly recommend that you attend CVCA’s Annual Conference as it is the premier networking and professional development event for Canada’s private capital industry and repeatedly attracts over 400 industry professionals and influencers from across the country, the U.S. and around the world.  

High profile speakers include Thomas Barrack, Founder, Chairman and Chief Executive Officer of Colony Capital, LLC, Tim Draper, Founder and Managing Director of Draper Fisher Jurvetson, Leo de Bever, Chief Executive Officer of Alberta Investment Management Corp. Marc Beauchamp, President & Managing Partner at NOVACAP, Michael Nobrega, President and CEO of OMERS and Mark Wiseman, Senior Vice President, Private Investments, Canada Pension Plan Investment.

CVCA’s Conference attendees return year after year for the invaluable benefits of networking, with key industry leaders and for the topical issues presented and discussed at the various organized presentation. Participants and sponsors include the following:

  • Private Equity Investors
  • Venture Capitalists 
  • Institutional & Corporate Investors
  • Investment Bankers/Intermediaries
  • Leveraged Lenders
  • Commercial Banks
  • Service Providers – Lawyers, Insurers, Accountants, Strategic and Financial Advisors, Executive Search
  • Security Exchanges
  • Government and Academia

You may visit the conference web site for the full agenda and on-line registration.

www.cvca.ca/news/events/2009AnnualConference.aspx   

Sincerely, 

Richard Rémillard

Executive Director

CVCA- Canada’s Venture Capital & Private Equity Association

Canadian Life Sciences VCs lead the realization parade

By Peter van der Velden, President & CEO of Lumira Capital

Lumira Capital, is Canadian-based life sciences venture capital company

 

“Liquidity Shrivels Up For VCs in First Quarter” was the banner screaming across the wire services earlier this week.  While true, what was lost in the subtext were a few important observations for Canadian VCs, particularly those focused on life sciences:

1.     That healthcare investments generally fared better than their counterparts in ALL other venture backed sectors with transaction value in the Q1, 2009 actually exceeding that in Q1, 2008, albeit on a smaller number of transactions (Dow Jones, PE Analyst) 

2.     There were “13 health care deals generating $1.31 billion in the first quarter of 2009”(Dow Jones, PE Analyst)  and Canadian VCs played significant roles in four  transactions that occurred during the quarter. Lumira Capital companies Ception, Alveolus and Guava all announced acquisitions by strategic buyers during the period as did Virochem which had enjoyed sponsorship from CDP Capital, Solidarity Fund QFL, and the BDC.

3.     Medtronic Inc., which has not been particularly acquisitive for some time, stepped up big during the quarter, making two North American acquisitions – CoreValve Inc. and Ablation Frontiers Inc – and also acquiring Israeli-based start-up Ventor.  Rather than being “Rock-Bottom Pricing” as was the theme of the press releases this week, the Ventor and CoreValve transactions were done at valuations that generated 10-15X returns for their investors despite being relatively early stage companies. The later two acquisitions in particular should also bode very well for other companies in the structured heart area, including Lumira Capital’s investee Cardiac Dimensions, as Medtronic’s key competitors address their own needs and desires to compete in this segment of the market.

Liquidity and realizations DO NOT HAPPEN by serendipity.  The story behind each of the recent realization transactions in our portfolio is different, but what I can say is they would not have happened without the management teams and investment partners having a clear set of realization objectives for their companies.  The shareholders of Ception were not looking to sell, (however we all sure understood the value proposition to an acquisitor, the key development objectives that needed to be fulfilled and what we would and would not consider for an exit), but when the opportunities for a high value exit started to emerge ahead of plan, the BOD and management team knew where they wanted to go and did a great job of securing a high value transaction.  The Guava and Alveolus deals emerged from very different circumstances in that the directors, management teams and shareholders of each of these companies concluded some time ago that they were more likely to thrive in the hands of strategic shareholders and therefore should be sold.  In both of these cases, the transactions completed were the product of a thought-out and managed process, with Guava being sold to a buyer with whom it had initiated a strategic partnership 9 months prior, and Alveolus being sold after a “fully marketed” process in conjunction with an investment banker.

Lately I have been thinking a lot about the issue of driving realizations, not because of the state of capital markets, but perhaps in spite of them.  More and more we are hearing of investors and BOD members who aren’t prepared to pursue a liquidity event because of the current state of the markets.  I think I understand this behavior for the top percentage of each VC’s portfolio of investments – those companies that truly are the cream of the crop and that will likely command exceptional multiples in a more buoyant market.  On the other hand I think there is little evidence to support the contention that average companies will suddenly become exceptional when markets improve (yeah we all can point to that mediocre company that suddenly improved or that crappy company that some strategic buyer just had to own, but those situations are truly exceptions and not something upon which fund performance can be managed or sustained). The simple reality is that sometimes we get it wrong (there I said it) – we misjudge management’s capabilities, the market size, the competitors, the IP risk, the product development risk, the clinical challenges, the regulatory environment, our ability to value add or any of the other myriad variables that affect the outcomes of our companies. Sometimes these misjudgments can be fixed (and I am sure all of us have lived through the process of trying), but more often than not they are fatal or semi-fatal. When this happens we don’t do the companies, ourselves or our investors any favours by diverting valuable human and capital resources to companies that are simply always going be average or worse.  Acknowledging this is tough.  It means acknowledging a fatal mistake to your partners, your peers and yes maybe even to your spouse sometimes. Failing to do so is however so much worse. 

So the point? The drop in liquidity this quarter is likely as much a function of unrealistic expectations on the part of the shareholders and management teams as it is a function of the market. Today’s market represents an outstanding time to cull the weak and underperforming from our herds so that there is lots of grass and water for those that are left (I am thinking in terms of western metaphors these days in anticipation of the CVCA’s up and coming conference in Calgary).  A 1x change in the revenue exit multiple makes a $50 million difference in exit value for that winner $50 million revenue company and only a $10 million difference for the underperformer doing $10 million in revenues.  I certainly know where our team wants to focus its energy and efforts as the markets improve (but we are of course also happy to take the big wins like Ception in this kind of a market).

 

 

Réseau Capital sharing the study on the impact of Venture Capital on the Canadian Economy (en français et en anglais)

Text en français au bas

*** 

Letter sent out April 1t, 2009

To all members of Réseau Capital,

We are pleased to attach the study on the impact of Venture Capital on the Canadian Economy sponsored by the Canadian Venture Capital Association (CVCA) and BDC.  Aimed at a wide audience, it explains how venture capital works, reviews the major impact studies conducted in the United States and measures its impact on Canadian employment, growth, innovation and exports. Going beyond such quantitative impacts, it also illustrates by way of case studies the “snowball effect” of venture capital, whereby one success spurs the birth and growth of a new generation of technological enterprises. Finally, it highlights the risks to the entire ecosystem of the industry’s shrinking ability to attract more investment at this time.   Download .pdf link here.

Québec and Réseau Capital were active participants in this initiative, funded jointly by the Ministère du Développement économique, de l’Innovation et de l’Exportation, the other provinces and Industry Canada. Summit Capital provided additional funding that led to four success stories in Québec: Axcan Pharma, BioChem Pharma, Positron Fiber Systems and Taleo.  Annie Thabet, Charles Cazabon and Hubert Manseau were on the steering committee for the study, which was presented at the Réseau Capital convention in February and served as the basis of discussions between Réseau Capital and Raymond Bachand, Minister of Economic Development, Innovation and Export Trade, when the Québec budget was being prepared. It is a fine example of partnership between Réseau Capitaland the CVCA, which we intend to maintain. 

Janie C. Béïque             François Chaurette

Co-President                 Co-President

Réseau Capital              Réseau Capital

___________________________________________________________ 

À tous les membres de Réseau Capital,

Vous trouverez ci-joint l’étude sur la contribution du capital de risque à l’économie canadienne commanditée par l’ACCR et la BDC. Destinée à un large public, elle explique comment fonctionne le capital de risque, passe en revue les grandes études d’impact qui ont été conduites aux États-Unis, mesure l’impact sur l’emploi, la croissance, l’innovation et les exportations au Canada et, au-delà de ces effets quantitatifs, illustre par des histoires à succès « l’effet boule de neige » du capital de risque par lequel un succès alimente la naissance et la croissance d’une nouvelle génération d’entreprises technologique. Elle met également en lumière les risques que fait courir à l’ensemble de l’écosystème la contraction de la levée de fonds à laquelle fait actuellement face l’industrie. Suivez le lien suivant pour une copie de l’étude.

Le Québec et Réseau Capital ont pris une part active à cette entreprise. Le MDEIE l’a financée aux côtés des autres provinces et d’Industrie Canada. Sommet Capital a ajouté un financement supplémentaire qui a permis de porter à quatre le nombre d’histoires à succès du Québec : Axcan Pharma, Biochem Pharma, Positron Fiber Systems et Taleo.  Annie Thabet, Charles Cazabon et Hubert Manseau ont fait partie du Comité directeur de l’étude. Enfin, l’étude a été présentée au Congrès de Réseau Capital en février et elle a servi à supporter les discussions que Réseau Capital a pu avoir avec le Ministre Raymond Bachand lors de la préparation du budget. C’est là un bel exemple de partenariat entre Réseau Capital et l’ACCR que nous entendons poursuivre.

Janie C. Béïque             François Chaurette

Coprésidente                Coprésident

Réseau Capital              Réseau Capital

Réseau capital http://www.reseaucapital.com

CVCA http://www.cvca.ca

‘Lost generation’ of technology threatens Canada: official

Source: The Canadian Press

Mar 31, 2009. updated April, 2009

By Julian Beltrame


OTTAWA  - The ability of Canada to develop the new technologies of the future is in jeopardy because entrepreneurs can’t get financing to see them through the recession, the Business Development Bank of Canada warns.

The Crown corporation which helps finance Canadian businesses says the disappearance of venture capital in the country will snuff out hundreds of innovative small companies in infancy and their technology with them.

“It breaks my heart because if we let go of these technology companies, once this recession is over you will have lost all this (new) technology, you will have lost a decade,” Edmee Metivier, the development bank’s executive vice president of financing, told a House of Commons subcommittee Tuesday.

Metivier said the BDC is a shareholder in about 150 technology firms, but in the future the corporation will only be able to help finance a much smaller portion of startups. 

But she says there are hundreds more such companies across the country that can’t find capital to fund research and get new products to the markets. And the BDC can only do so much because it needs partners to finance entrepreneurs.

“They are all at risk, there is no money for them on the marketplace at the moment,” she said.

In a later interview, Metivier said the focus of governments has been on the survival of mature companies, but in doing so they risk losing the companies that represent Canada’s technological future.

“Canada has to think through what it has to do with this sector,” she said.

Before the committee, Metivier and Benoit Daignault of Export Development Canada laid out the difficulties faced by Canada’s small and medium sized companies in obtaining sufficient credit to operate and grow during the recession.

While Canada enjoys a sound banking system, the collapse of many other non-bank lenders _ representing about 30 per cent of loans _ has created a tight market for credit in Canada.

As a result, many companies are being denied loans or are being charged exorbitant interest, they said.

”The difficulties facing Canadian businesses have increased in 2009, so it is difficult to find low-cost financing in these circumstances,” said Daignault.

The Business Development Bank has come under criticism from Liberal finance critic John McCallum in recent weeks for moving slowly in implementing several budget measures intended to free up credit for both businesses and consumers, particularly the auto leasing sector.

Metivier was not confronted by the charges in the subcommittee, but said she had been prepared to respond.

She said she expects the Crown corporation to double the rate of the annual increase in loans this year, and said $750 million had already gone out the door in the first three months.

Any delays on the $12 billion credit facility to increase credit in the auto leasing sector, and loan guarantees for companies were due to the fact the corporation, which operates on a commercial basis, had never engaged in either activity in the past and needed to do due diligence, she explained. 

The loan guarantee facility first announced in December will be in operation starting Wednesday, she said, whereas the measure on auto leasing will likely be up and running by the end of May.

“It would have been humanly impossible to kick start (either) any sooner,” she said. 

Copyright © 2009 The Canadian Press. All rights reserved.

Ont. Gov’t As A VC: In with a Whimper, Not a Bang

Reposted from Venture Law Lines25 Mar 2009
By Suzanne Dingwall

As budget day approaches, the usual flurry of press releases is trickling out, including one in which the Ontario’s Fund of Funds (the OVCF) at long last announces an investment in a investment fund. You can read Mark McQueen’s take on it over here. 


The principals behind Georgian Capital are the former operators of DWL, a Toronto software firm that was backed by local VCs and New York’s Insight Venture Partners. Mark speculates that Georgian Capital may also be receiving backing from Insight in the future, (welcome news; Insight has been a long time shopper here in Canada – in Eftia, Airborne, Platespin among others), in which case OVCF’s commitment to invest “up to $15 million” may be one that never closes, unless Insight or some other LPs also invests in Georgian. No reason to get too excited, although the fact that Georgian Capital has now leased out space in a Rosedale office building (Patachou croissant, anyone?) likely means it is here to stay, regardless.

The issue I have with all of this is about the press releases which OVCF has not issued. As Mark points out, those of us in the industry are well aware of the rumoured deals being considered by OVCF. (Ordinarily, the fund of funds world is a private one whose managers operate outside of the public disclosure light. Which funds they support, and the terms of their investments, are rarely announced.) 

Many private FOFs are sitting out the current market, and in one sense, it’s hard to fault OVCF’s managers for taking the same prudent approach as they appear to be doing. But this is not a private fund of funds, and the Ontario government did not form it for the sole purpose of generating capital gains. The OVCF exists to support the Ontario venture capital industry and to create Ontario jobs. Don’t listen to me – check out John Wikinson’s 2007 press release if you’re uncertain.

Given the mandate of the OVCF, is waiting out the market appropriate? And when our tax dollars are being managed, should there not be greater transparency? 

Why should we care? In the current market, with few options for limited partners, the OVCF in effect holds a monopoly over the venture capital industry in Ontario and, in turn, over the future of Ontario’s venture-backed companies. The decisions OVCF’s managers make in the near term will determine whether any local venture capital funds survive, and who will receive the lion’s share of the profits resulting from any Ontario innovation. 

If the majority of OVCF funds go to foreign VCs, then investing in Ontario’s future becomes a one-cycle event. The amount of capital gains that recycles into our economy from successful start-ups will be significantly diminished. If that is a decision that is being made by OVCF, we are entitled to understand why it’s the right tradeoff for Ontario.(Me, I think it’s a question of proportion – equal parts local and foreign, in case you’re asking.)

Of course, announcing investments in US funds just before delivering a budget would not be the most popular public relations move by a government. But was this press release an improvement? It underscores the fact that, more than a year after our tax dollars were handed over to OVCF’s managers, the chance of any Ontario company receiving funds is likely still months away. (Investment funds still need to be deployed to VCS before they can trickle down to investees.) Which is perhaps why John Wilkinson has created the recently announced investment matching program for “qualified” investors. 

There needs to be some kind of oversight or audit of this kind of government investing activity – call it an ombudsmen function if you want to make it catchy, I don’t care. But there is clearly a misalignment between public policy and private sector implementation of that policy and the two need to be reconciled. I am one of those who believes that in the current economy, careful government support of the venture ecosystem is absolutely necessary. How that support is provided needs to be monitored and adjusted.

 

Over $1 billion in stimulus for Canadian startups

Repost from Flow Ventures

by Raymond Luk

This is a great time to be building startups in Canada. Ontario and Quebec have recently announced over a $1 billion in funding for new ventures through matching funds and fund-of-funds. There may be more good news when Ontario tables its budget on March 26.

Here’s a quick summary:

Ontario:

Quebec (link to budget):

  • $825 million for a fund-of-funds to invest in 15-20 VC funds ($700 million from the government, $125 million from the private sector)
  • $125 million for the creation of 3 seed funds ($100 from the government, $25 from the private sector)
  • 10-year provincial tax holiday for new ventures that commercialize research from a Quebec university or research centre

So how does this trickle down to startups?

  1. If you’re raising your first round it means there will be more seed funding sources and more money in existing funding sources. Private investors may be more willing to invest since the government is matching their dollars 1 to 1 or 2 to 1 in some cases.
  2. If you already have investment it means your investors may be more likely to top-up if they are on the receiving end of these funds.
  3. If you’re commercializing research, which Canada does a poor job of, you look a lot more attractive to investors. Not paying provincial corporate tax for 10 years has a huge effect on investor returns (assuming you’re planning on profitability).

The best part of these initiatives is that they support the existing investment ecosystem rather than trying to replace it with something government run. We already have the pleasure, privilege and intestinal fortitude to deal with the government for SRED and other subsidies. Best leave investment to experienced managers.

So is there any bad news? Timing will be an issue as nobody can deploy this much money quickly. It’ll be awhile before funds actually trickle down to companies. I personally don’t like any initiative with a geographical limitation. I understand the desire to create jobs in a particular place but technology companies can be spread out. In Canada, where we don’t have the density of markets and talent, an Ontario-only company doesn’t make sense.

But enough complaining. Does this mean that we at Flow are more likely to make investments in the near future? You bet!

 

A new $825M Fund for Venture Capital to be put in place by Quebec Government

Posted by Chris Arsenault

What do you think, can local Governments play leading roles in the Venture Capital Community?

Earlier today, the Quebec Finance Minister Monique Jérôme-Forget presented here budget in which she outlines the $15-billion stimulus package. Budget 2009-2010. I believe this is great news for Quebec, for Canada and the whole Venture Capital Community, will funds be managed by private fund managers? 

We find in this Budget many changes and numerous proposed solutions for critical sectors of the economy. But the two initiatives that captured my attention are 1) the creation of the new $825M Venture Capital Fund (or will it be a Fund of Fund?) and 2) a $500M emergency Fund for businesses. Of course we have yet to see the details and inter-workings of such a Fund, but I would guess that these monies will provide some level of continuity to Venture Capital Fund managers and potentially direct investments as well. So this is great news as long as the capital being put at work is done through proper management of such funds.

Over the last few years, The Solidarity Fund, the FondAction CSN, Desjardins Capital and the Caisse de Dépot have been hard at work figuring out ways to help entrepreneurs and business owners out. They have played a crucial/leading role in support of the Canadian Private Equity & Venture Capital industry.  Their efforts are now joined by a clear and strong commitment to Venture Capital by the Quebec Government. This news comes a day after the Ontario Budget and announcement of their own co-investment fund in the amount of $250M.

I look forward to soon be witnessing a revived Canadian Venture Capital Ecosystem through  (mostly) an indirect involvement by our governments into businesses through their direct commitment as limited partners into leading private venture capital fund managers across Canada.

Here are a few key highlights of 2009-2010 Quebec budget (as outlined by the Montreal Gazette):

- $15-billion economic stimulus package;

- $3.9-billion deficit budget;

- Quebec Stock Savings Plan, returns, tax deductions for stock market investments;

- Quebec sales tax will rise to 8.5 per cent in 2011;

- Indexing of fees, from birth certificates to driver’s licences, in 2011;

- $500 million more for job re-training;

- $1.5-billion more for health, $490 million more for education;

- A $500-million emergency fund, for businesses;

- A $825-million venture-capital fund, for businesses;

- $2,000 increase in tax credit for child-care expenses;

- Program to eliminate elder abuse;

- $1.6-billion more for Generations Fund over two years, to offset Quebec’s growing debt;

- Crack down on “aggressive tax planning” to curb tax evasion;

- 3,000 more low-cost housing units.

 

Copy of the CVCA Letter to Premier Dalton McGuinty regarding the critical situation facing Ontario’s venture capital industry.

 March 16, 2009

Premier Dalton McGuinty

Government of Ontario

Legislative Building, Queen’s Park

Toronto, Ontario

M7A 1A1

 

Dear Mr. Premier,

 

On behalf of Canada’s Venture Capital and Private Equity Association (CVCA), I would like to draw your attention to the critical situation facing Ontario’s venture capital industry.  The current severe economic downturn is further exacerbating an already difficult fund raising and investing environment and risks compromising our collective ability to fund the industries of tomorrow.

 

Venture capital (VC) firms generally focus on entrepreneurial and fast growing small businesses in the technology arena, including information and communications technology, life sciences and biotechnology, alternative energy and clean tech.  Perhaps the best known Canadian VC success story is Research in Motion, which has fundamentally changed the way we work and communicate while at once creating tens of thousands of jobs and serving as an engine for Canada’s economy.

 

The CVCA has recently released a study on the economic impacts of venture capital.  This study has been led by the CVCA with the financial support of Ontario, several other provincial governments and the federal government.  This study clearly shows that venture capital in Canada has resulted in the creation of close to 150,000 jobs and an additional 1% to Canada’s GDP.  In addition, according to the Information Technology Association of Canada (ITAC), 700,000 Canadians work in the broader information technology and communications technology sectors.

 

This record reflects the specialized business-building skills that Canada’s venture capital firms bring to their portfolio companies.  It is also a measure of our long-term focus, astute risk management and strong sense of corporate responsibility and accountability to stakeholders.

 

While the venture capital industry has been a key driver of Ontario’s prosperity, our members are currently facing significant challenges that we believe require government action.  At a time when our economy urgently needs new success stories like RIM, ATI, Open Text, Cognos and Corel, we believe that it is vital for the government to address the: 

 

Current lack of funding available to bridge the gap between research and development and the commercialization of promising technologies;

 

Existing obstacles to foreign investment

 

Each of these challenges is presented below along with a proposed approach to form the basis for a more detailed discussion.

 

Access to Funding

Given the current economic environment, fundraising in our sector reached new lows in 2008.  The ability of funds to raise new capital impacts their capacity as financial intermediaries to make investments into promising companies.  Because of the increasing difficulties in fundraising, between 2003 and 2008, venture capital investment in Ontario dropped to $99 million in Q 4, 2008, down precipitously from $177 million in Q 3, 2008 and from $217 million in Q 4, 2007.

 

The lack of capital available to venture capital investors reflects the broader market volatility and the new market realities.  Institutional investors such as pension funds have incurred considerable losses in their public equity portfolios, which in turn has resulted in a corresponding lower allocation to venture capital and private equity.  Additionally, individual investors are increasingly reticent to invest in publicly-traded vehicles such as Labour-Sponsored Venture Capital Corporations, for a variety of reasons, including the gradual withdrawal of tax incentives for investing in the asset class.

 

Simply, the lack of capital is putting Ontario’s innovation at risk.  Without funding, there is an increasing and very real risk that Ontario will not be able to fully capitalize on and benefit from its multi-billion dollar investment in research and development.

 

We note that the federal government has already taken significant steps towards improving SMEs’ access to credit.  However, the fastest-growing, most export intensive Canadian SMEs are disproportionately backed by equity infusions from venture capital funds.  The current economic environment is depriving venture capital funds of their ability to raise capital, thereby robbing our most promising SMEs of the opportunity to grow.

 

A practical commercialization support program will ensure that more of Ontario’s enterprising companies are able to realize their full potential, which will help to strengthen Ontario’s competitiveness in the global, knowledge-based economy of the 21st century.  The CVCA recommends the following initiatives: 

  • Setting up a federal $300-million, third-party managed fund of funds similar to the fund recently-established by Ontario to help fuel the growth of vibrant, leading-edge companies;
  • Doubling the size of the Ontario venture fund through a direct injection of $200 million in government funding;
  • Improving the federal Scientific Research and Experimental Development program (SR&ED) so that for every $1 of approved claims,$1.50 is returned to the company, thereby stimulating its growth and development; Ontario’s support on this score would be welcome;
  • Enabling greater use of government procurement/offsets to encourage domestic as well as foreign multinational investment in domestic venture capital funds; and
  • Creating an incentive for large Ontario corporations to invest in domestic VC funds, where an investment in a VC fund would receive the same tax treatment that is currently available for in-house research and development.

 These measures would benefit Ontario’s technology firms as well as its venture capital funds in both the short and medium term and would improve our collective ability to achieve the longer-term innovation and productivity goals that are necessary to maintain the province’s competitiveness in the global economy.

 

Removing Remaining Obstacles to Foreign Investment

 

Foreign venture capital investment has historically been an important contributor to the success of emerging Canadian companies.   However, at the end of the fourth quarter of 2008, foreign venture capital investment in Canada fell 56% in 2008 relative to 2007, the lowest level in five years.  Moreover, this trend appears to be accelerating.

 

We encourage the government to examine ways to improve Ontario’s and Canada’s investment appeal.  The CVCA shares the analysis of the situation put forth by the recently-released federal Advisory Panel on Canada’s System of International Taxation, namely that the current Section 116 process “may negatively affect Canada’s ability to access foreign capital, particularly by private companies.” (p.91). The Advisory Panel’s Recommendation 7.4 that deals with this matter is, regrettably, insufficient to deal with the problems encountered by our members and by the foreign investors with whom they deal.

 

Canada currently defines taxable Canadian property to include shares of a private corporation resident in Canada.  At the same time, Canada’s tax treaties cede taxing jurisdiction to the country where the non-resident vendor is resident, provided the shares do not derive their value principally from real property.  Based on the large number of tax treaties Canada has concluded, it appears that Canada is prepared to exempt from taxation all gains realized by non-residents, other than the gains from the disposition of real property.

 

In light of this treaty policy, we believe that Canada should adopt a broader exemption in its domestic law to exempt gains realized by non-residents other than those arising from the disposition of real property.

 

We see little benefit in providing the exemption only on a bilateral basis.  The benefit of a broader exemption is that it would make Canada a more attractive destination for equity investments by non-residents and, in particular, venture capital and private equity funds.  A broader exemption would also reduce a significant compliance burden that acts as an impediment to foreign direct investment in Canada.  Unfortunately, recently enacted changes regarding the Section 116 clearance certificate process did not address the issue and are unlikely to reduce the number of situations involving arm’s length transactions in which clearance certificates are obtained.  We recommend amending the definition of taxable Canadian property so as not to include the shares of a private corporation resident in Canada other than when such shares derive their value principally from real property in Canada.

 

This proposed solution would put an end to the onerous Section 116 compliance requirements (except for real property), should not result in any significant tax revenue loss and would mirror the practices of most leading international jurisdictions.

 

We would strongly urge Ontario to continue to press the federal government to remove the Section 116 obstacles to foreign investment.

 

Encouraging Angel Investing

Although it is not within the CVCA’s mandate, we recognize the important role that Angel Investors play in our ecosystem.  Although the CVCA has not taken a formal position on the topic, I will note that one half of U.S. State governments have adopted some sort of “Angel Tax Credit” to stimulate the creation of start-ups.

 

In closing, the strength of our venture capital industry has a direct impact on Canada’s economic health as well as the financial well-being of millions of Ontarians.  At the CVCA, we take this responsibility very seriously. 

 

We would welcome the opportunity to meet with you to further discuss the opportunities and challenges that are outlined in this letter. I can be reached at 416-607-5150 while the CVCA’s Executive Director, Richard Rémillard, can be contacted at 613-744-8969.

 

Yours sincerely,

 

Gregory Smith

President

CVCA

 

http://www.cvca.ca

 

cc. Dwight Duncan

      Minister of Finance

 

     John Wilkinson

     Minister of Research and Innovation

 

Lijit’s CEO on raising money from angels.

todd.jpgTodd Vernon, the CEO of Lijit, has written a great article on raising money from angels. I especially like his taxonomy of angels:

The Family Investor: The Family Investor is likely not really a classic Angel Investor at all but rather a supportive family member that “knows you”. Their motivation is likely out of support (sometimes guilt), but their basic investment thesis is they trust you. For me these are the worst type of investor because you likely have intimate knowledge of their financial situation and whether or not they ’should’ be investing. Likely, they have no inherent feel if your idea is good or not, but may have changed your diaper at one time or another and have overcome that experience to hand you a check for $25K or $50K. Personally, I like this category of investor the least because the investment is totally emotional and personal – and that sucks in business. But based on the financial situation of the individuals involved and the relationships this can work ok if everyone comes into the situation with their eyes open, but go out of your way to make sure.

The Relationship Investor: The Relationship Investor is probably one or more co-workers from a previous gig or business friends you have known for a while. They may or may not understand what your new company is doing but they have had a track record working with you. They want to be supportive, but are looking for a return. You won’t lose them as friends if things go bad, but the investment for them is likely not ‘trivial’. In my experience these are good Angels to have, again as long as their eyes are open going in. These people can also be wildly supportive of you in terms of finding employees and other resources.

The Idea Investor: The Idea Investor is probably very familiar with the space your company is targeting. These are in some ways the very best types of Angels because to some degree they validate your idea. There investment is based on the Idea and there is little emotion around the table (always good). If you can get them onboard they can open doors into partner relationships and just generally good advice. You will spend most of your time convincing the Idea Investor that you and team are the right people to attack this problem (as they likely don’t have a strong relationship with you or the team). Often an influential Idea Investor makes a good early board member for the company.

The Once Removed Investor: The Once Removed Investor is likely connected through a personal or professional relationship with either the Relationship Investor or the Idea Investor. They likely don’t know you, and they likely don’t have a clue if your idea is good or bad but they have translated the trust in the investment to the person they know. This is a great way to get additional Angel Investors onboard, but without a solid Relationship Investor or Idea Investor it just isn’t going to happen.”

Read the rest of Todd’s article, it’s great.

10 Investment lessons learned over 10 years

(http://www.venturecompany.com/Opinions/files/Investment_lessons.html)
Over the last 10 years I’ve also been closely involved with early stage technology funding (advising VC firms and Angels) and have invested personal time and money in early stage ventures. That has given me a unique perspective of the challenges between entrepreneurs and investors.

I’ve written about my Top 10 fund raising lessons for entrepreneurs, and dare to follow up with my Top 10 investment strategies that may be useful to investors and entrepreneurs, here:

1 ) Invest in the founders, but be wary if the company consists of technologists only. The ones that come in without an operating plan clearly do not understand what you as an investor are looking for. Get a real operator in early.

2 ) Invest in the business, don’t invest in technology. The statistics prove it: ninety-nine out of a hundred of the most innovative technologies never turn into successful businesses. Especially investors (both VC and Angels) that made their money in the hay-days of technology have a tendency to underfund the business side, providing a weak foundation for any technology to succeed.

3 ) Don’t invest in an early stage company with more than one product or service. Let the company become the King-of-One, rather than the King-of-None. Multiple products or services require more money to support successfully and dramatically dilutes the focus of the company. Multiple products or services also “invite” a larger group of competitors, making it hard for customers to perceive true differentiation and unknowingly, slows down adoption.

4 ) Don’t invest in an early stage company with more than one business model. Keep it simple. Multiple revenue models sound good, but usually don’t yield the projected outcome. The company should make all of its money in advertising or in subscriptions, not in both. Dilution of focus is costly and provides yet another reason for failure.

5 ) Don’t invest in companies that rely heavily on partner support early on. This is the typical David and Goliath phenomenon. Partners sell once the company does in overwhelming numbers. The company should always have direct control of its own business model first, before they allow any partner to reduce its margins.

6 ) Invest money or time, don’t do both. I very much relate to Carl Icahn in an interview with Dan Primack (on PEhub) with regards to CEOs responsibility to make the numbers work, and not to rely on investors to “add value”. The CEO is in the driver seat, take him out if he doesn’t produce.

7 ) Look for fundamental changes in customer experience. The Ultimate Driving Experience is what sets BMW apart, not just the timing in their engines. Customer experience is much more than a pretty user interface, it is an overall experience that spawns disruptive purchasing.

8 ) Watch how professional the team operates pre-funding as an indication of their interaction post-funding and with customers. Real professionals do everything with a purpose and I have mastered the art of detecting them. So well that I can tell from a visit to a trade-show floor whether a company is going places.

9 ) Don’t categorize investment allocations based on past investments or trends. Every company is unique and requires an amount of money unique to their assets: people, timing, market and ecosystem. If you don’t think you have a unique scenario, you probably don’t have a valuable investment opportunity.

10 ) Invest with passion but don’t fall in love with the company. Investing is the ultimate flirting game, but it is usually a bad idea to get really involved. Your asset value is the selection and performance of all the companies in your fund. Stick with what you do best.

From an investment perspective I see many “sub-optimizations” but not a lot of real great innovations these days. I do blame the current investment model for that sometimes. We, in Silicon Valley, have too many technology investors using the same rear view-mirror investment criteria. Although I have a lot of admiration for Apple, it is a bad sign when we need to leave real innovation in the hands of large companies like theirs.

The landscape for investors is about to change dramatically, no longer can they just continue to invest in proprietary technology silos at single digit valuations. They’ll soon need to broaden their experience (“in search of the Economist VC”) to understand the macro-economic impact of marketplaces, platforms and the impact of technology to other industries.

A wonderful long road for technology innovation and investing still lies ahead.