BackgroundDevelopment and implementation of the legal reforms and tax incentives for improvement of the business management process and incentivizing VC investments in tech startups.
Specific actions: 1. Legal framework for VC funds and angel investors.
Develop a regulatory framework that defines VC capital and regulates VC funds, angel investors and investments of a mutual angel investors’ fund.
2. Applying the term of convertible loan into the Belarusian legislation.
While the Business Entities Law now allows applying a convertible loan mechanism, in reality, this legislation doesn’t have an actual term “convertible loan” in place. For now, these types of deals are happening only with the HTP residents.
3. Stock options.
Change the legal framework related to business entities, creating legal and tax incentives and introducing stock options to employees. The most recent changes to the law allowed startups to offer stock options to their employees (either for monetary compensation or at no charge), even if the team consists of only two people. Regardless, this is just a minor change that will not have any major impact on simplifying the legislative framework in this field.
4. Digitizing the company registration process.
That would allow making the company registration process much more simple, straightforward, and streamlined since there will be fewer required procedures and time spent.
5. Incentivizing VC investors.
There are a couple of ways how to incentivize VC investors. Let’s take tax and investment incentives as an example and take a look at the Enterprise Investment Scheme (EIS) in the UK. Another incentive could also be provided to corporate VC investors for funding tech startups.
6. Crowdfunding.
Develop the legal infrastructure of crowdfunding platforms development in Belarus.
Rationale Since there is no regulatory framework for VC investments and tech startups in Belarus, entrepreneurs are not able to properly structure their company. For instance, startups usually award their employees with stock, however, that’s a very difficult route under the current Belarusian law.
There is still not a single VC organization in Belarus, which proves that there is no legal or regulatory framework in the country that would allow it to exist.
Within 2016-2020, several expert groups were working on the recommendations designed to simplify VC activities in Belarus. As a result, some of these recommendations got into the updated version of the Business Entities Law, which came into effect on April 28, 2021.
However, some of the key propositions are missing from the updated framework, including simplification of company creation, and incentivizing investment and alternative funding models, including crowdfunding. The lack of a clear legal framework for VC deals turns down investors, especially those who are abroad.
Beneficiaries: - Startup investors (angel investors, angel investor syndicates, VC investors, early- stage investors, investment companies, equity funds, crowdfunding websites, corporate investors, etc)
- Startup founders
- Startup team members