An * eligible venture capital investment is at risk if the entity that owns the investment had no * arrangement as to:
(a) the maintenance of the value of the investment; or
(b) the maintenance of any earnings or other return that might
be made from owning the investment, including (if the investment relates to a
unit trust) the maintenance of any conferrals of present entitlement to income
or capital of the unit trust or to any distributions of income or capital of
the unit trust.