VENTURE CAPITAL ACT 2002 - SECT 11.1 Application for registration

VENTURE CAPITAL ACT 2002 - SECT 11.1

  (1)   A * general partner of a * limited partnership may apply, in the * form approved by Industry Innovation and Science Australia , to * Industry Innovation and Science Australia for registration of the partnership as a * VCLP , an * ESVCLP or an * AFOF under this Part.

  (2)   An application must be in writing, and must include the following information:

  (a)   the name and residency status of, and the relevant qualifications and experience of, each * general partner;

  (b)   the name, address and residency status of each * limited partner;

  (c)   for each general partner that is a * company--the address of the general partner's registered office;

  (d)   for each general partner who is an individual--the general partner's business address;

  (e)   the partnership's business address;

  (f)   a copy of the partnership agreement, which must:

  (i)   require partners to contribute their * committed capital as and when required under the agreement; and

  (ii)   prohibit the addition of new partners to the partnership except as provided for in the agreement; and

  (iii)   prohibit increases in the partnership's committed capital except as provided for in the agreement; and

  (iv)   confer on a general partner the right to require partners to contribute their committed capital to the partnership; and

  (v)   include a plan which outlines the partnership's future intended investment activities;

  (g)   any documents that were issued inviting investment in the partnership;

  (h)   the amount of each partner's committed capital in the partnership;

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

  (j)   if the application is an application for registration as a VCLP--a statement by a general partner as to whether the partnership meets the * registration requirements of a VCLP;

  (ja)   if the application is an application for registration as an * ESVCLP--a statement by a general partner as to whether the partnership meets the * registration requirements of an ESVCLP;

  (k)   if the application is an application for registration as an AFOF--a statement by a general partner as to whether the partnership meets the * registration requirements of an AFOF;

  (l)   such further information as * Industry Innovation and Science Australia determines under section   11 - 5.

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.