1. The preferred investment shall be CCD; CCD or Compulsory Convertible Debenture is a familiar term for most promoters and investors in the start-up ecosystem as it basically means an instrument issued by a portfolio company in the form of debt against an investment and is convertible into equity shares of such company at a specified time. Once the CCD(s) are converted into equity shares, the holder of CCD(s) automatically becomes a shareholder in the company and acquires all the rights of a shareholder as prescribed under the Companies Act, 2013.
2. The time limit suggests that convertible notes in India, as elsewhere, are intended to be short-term instruments for seed funding or for a bridge round, enabling note holders to either be repaid or receive equity shares at the company's subsequent equity fund-raising round.
In India, issuing convertible notes to foreign investors was always forbidden since the Reserve Bank of India (RBI) and the Ministry of Commerce and Industry (MoCI) allowed foreign direct investment (FDI) only in equity instruments or such other instruments that were considered at par with equity (compulsorily convertible preference shares/debentures, etc.).
However, with effect from January 10, 2017, the RBI has amended the Foreign Exchange (Transfer or Issue of Security by a Person Resident outside India) Regulations, 2000, to allow “startups” to issue convertible notes to foreign investors.
3. You can weigh all the probabilities and choose the best option that may suit your circumstances.
4. You may decide about it based on the prevailing circumstances but there is no hard and fast rules on it.
5. You can engage the services of an advocate who is well versed on the subject for all such requirements.