Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

VENTURE CAPITAL ACT 2002 - SECT 9.1

Registration requirements of VCLPs

             (1)  The registration requirements of a VCLP , in relation to a * limited partnership, are that:

                     (a)  the partnership was established by or under a law in force in, or in any part of:

                              (i)  Australia; or

                             (ii)  a foreign country in respect of which a double tax agreement (as defined in Part X of the Income Tax Assessment Act 1936 ) is in force that is an agreement of a kind referred to in subparagraph (b)(i), (ia), (ii), (iii), (iv) or (v) of that definition; and

                     (b)  all of the partners who are * general partners are residents of a country referred to in paragraph (a); and

                     (c)  under the partnership agreement the partnership is to remain in existence for a period of not less than 5 years and not more than 15 years; and

                     (d)  the partnership's * committed capital is at least $10 million; and

                     (e)  each investment that the partnership holds is:

                              (i)  an * eligible venture capital investment; or

                             (ii)  an investment in a company, in which the partnership owns one or more eligible venture capital investments, that would have been an eligible venture capital investment but for subsections 118-425(2) and (6) of the Income Tax Assessment Act 1997 ; or

                            (iii)  an investment in a unit trust, in which the partnership owns one or more eligible venture capital investments, that would have been an eligible venture capital investment but for subsections 118-427(3) and (7) of the Income Tax Assessment Act 1997 ; and

                      (f)  the partnership only carries on activities that are related to making * eligible venture capital investments, investments to which subparagraph (e)(ii) applies or investments to which subparagraph (e)(iii) applies; and

                     (g)  every * debt interest that the partnership owns is, and continues to be, a * permitted loan.

             (2)  The requirements in paragraphs (1)(e), (f) and (g) are investment registration requirements .



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback