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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 .


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