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VENTURE CAPITAL ACT 2002 - SECT 21.20

Annual return by eligible entity

  (1)   An * entity registered under this Part 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 entity's residency status at the end of the financial year (including details of changes to that status during the year);

  (b)   the address of the entity's registered office (including details of changes to that address during the year);

  (c)   details of the facts that qualify the entity to be tax exempt in its country of residence;

  (d)   details of the facts that qualify the entity as an * eligible venture capital investor;

  (e)   details of:

  (i)   the * eligible venture capital investments the entity made during that year; and

  (ii)   the eligible venture capital investments that the entity disposed of during that year; and

  (iii)   the eligible venture capital investments the entity holds at the end of that year; and

  (iv)   the disposals of eligible venture capital investments during that year including any profits derived or losses incurred from that disposal;

  (f)   the industries to which those investments relate;

  (g)   for each investment in a company that the entity held throughout that year--a statement 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;

  (h)   for each investment in a company that the entity made during that year--a statement 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 after the investment was made;

  (i)   for each investment in a company that the entity disposed of during that year--a statement 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 up to the day of disposal;

  (j)   for each investment in a unit trust that the entity held throughout that year--a statement 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;

  (k)   for each investment in a unit trust that the entity made during that year--a statement as to whether the unit trust met those requirements at all times during that year after the investment was made;

  (l)   for each investment in a unit trust that the entity disposed of during that year--a statement as to whether the unit trust met those requirements at all times during that year up to the day of disposal.

  (2)   Information about a matter that a return must include because of paragraph   ( 1)(a) or (b) is information about that matter as at the end of the financial year.

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.


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