Commonwealth Consolidated Acts

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VENTURE CAPITAL ACT 2002 - SECT 15.1

Annual return

    A * general partner of a partnership registered under this Part as a * VCLP , an * ESVCLP or an * AFOF must, within 3 months after the end of each * financial year, give * Industry Innovation and Science Australia a written return that includes the following information:

  (a)   the name and address of each partner, and that partner's residency status at the end of the financial year (including details of changes to that status during the year);

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

  (c)   details of:

  (i)   the amount of each partner's * committed capital in the partnership; and

  (ii)   any acquisitions or disposals of a partner's * equity interests in the partnership during the year including any consideration given or received for that acquisition or disposal;

  (d)   details of any variation made to the partnership agreement during the year;

  (e)   details of:

  (i)   investments the partnership made during that year; and

  (ii)   investments the partnership owns at the end of that year; and

  (iii)   disposals of investments during that year including any profits derived or losses incurred from that disposal;

  (f)   if the partnership is registered under this Part as a VCLP--a statement from a general partner as to whether the partnership met the * registration requirements of a VCLP throughout the financial year;

  (fa)   if the partnership is registered under this Part as an ESVCLP--a statement from a general partner as to whether the partnership met the * registration requirements of an ESVCLP throughout the financial year;

  (g)   if the partnership is registered under this Part as an AFOF--a statement from a general partner as to whether the partnership met the * registration requirements of an AFOF throughout the financial year;

  (ga)   for an investment in a company that the partnership held throughout the financial year--a statement from a general partner as to whether the company met the requirements of subsections   118 - 425(3), (4), (4A) and (5) of the Income Tax Assessment Act 1997 at all times during that year;

  (gb)   for an investment in a unit trust that the partnership held throughout the financial year--a statement from a general partner as to whether the unit trust met the requirements of subsections   118 - 427(4), (5) , (5A) and (6) of the Income Tax Assessment Act 1997 at all times during that year;

  (h)   such further information as Industry Innovation and Science Australia determines under section   15 - 5.

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


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