Commonwealth Consolidated Acts

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

VENTURE CAPITAL ACT 2002 - SECT 9.5

Registration requirements of AFOFs

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

  (a)   the partnership is established by or under the law of a State or Territory; and

  (b)   all of the partners who are * general partners are * Australian residents; 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 20 years; and

  (d)   each investment that the partnership owns is:

  (i)   an investment in a * VCLP or an * ESVCLP ; or

  (ii)   an * eligible venture capital investment in a company or unit trust in which a VCLP or an ESVCLP , of which the partnership is a partner, owns one or more eligible venture capital investments; or

  (iii)   an investment in a company referred to in subparagraph   ( ii) 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

  (iv)   an investment in a unit trust referred to in subparagraph   ( ii) 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

  (e)   the partnership only carries on activities that are related to making eligible venture capital investments, investments to which subparagraph   ( d)(iii) applies or investments to which subparagraph   ( d)(iv) applies, or investing in VCLPs or ESVCLPs ; and

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

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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback