Commonwealth Consolidated Acts

VENTURE CAPITAL ACT 2002 - SECT 11.1

             (1)  A * general partner of a * limited partnership may apply, in the form approved by Innovation Australia, to * Innovation Australia for registration of the partnership as a * VCLP, an * ESVCLP or an * AFOF under this Part.

             (2)  An application must be in writing, and must include the following information:

                     (a)  the name and residency status of, and the relevant qualifications and experience of, each * general partner;

                     (b)  the name, address and residency status of each * limited partner;

                     (c)  for each general partner that is a * company--the address of the general partner's registered office;

                     (d)  for each general partner who is an individual--the general partner's business address;

                     (e)  the partnership's business address;

                      (f)  a copy of the partnership agreement, which must:

                              (i)  require partners to contribute their * committed capital as and when required under the agreement; and

                             (ii)  prohibit the addition of new partners to the partnership except as provided for in the agreement; and

                            (iii)  prohibit increases in the partnership's committed capital except as provided for in the agreement; and

                            (iv)  confer on a general partner the right to require partners to contribute their committed capital to the partnership; and

                             (v)  include a plan which outlines the partnership's future intended investment activities;

                     (g)  any documents that were issued inviting investment in the partnership;

                     (h)  the amount of each partner's committed capital in the partnership;

                      (i)  in relation to each limited partner claiming to be tax exempt in his or her country of residence--details of the facts that qualify the partner to be tax exempt in his or her country of residence;

                      (j)  if the application is an application for registration as a VCLP--a statement by a general partner as to whether the partnership meets the * registration requirements of a VCLP;

                    (ja)  if the application is an application for registration as an * ESVCLP--a statement by a general partner as to whether the partnership meets the * registration requirements of an ESVCLP;

                     (k)  if the application is an application for registration as an AFOF--a statement by a general partner as to whether the partnership meets the * registration requirements of an AFOF;

                      (l)  such further information as * Innovation Australia determines under section 11-5.

Note:          Part 7.4 of the Criminal Code creates offences for making false and misleading statements, giving false or misleading information and producing false or misleading documents.