Pooled Development Funds Act 1992

PART 5 - MONITORING COMPLIANCE  

SECTION 41   ANNUAL RETURN BY PDF  

41(1)   [Time and particulars of return]  

A PDF must, within 4 months after the end of each financial year, give the Board a written return that includes the following information:

(a) the name, address, occupation, qualifications and experience of each relevant officer of the PDF;

(b) for each person or partnership (if any) whom or that the PDF has engaged to supply (otherwise than as an officer of the PDF) investment management services to the PDF:

(i) the name and address of the person or partnership; and

(ii) in the case of a natural person - the person ' s occupation, qualifications and experience; and

(iii) the name, address, occupation, qualifications and experience of each natural person who is supplying such services to the PDF:

(A) if the first-mentioned person is a natural person - as an employee of the first-mentioned person; or

(B) if the first-mentioned person is a body corporate - as an officer of the body; or

(C) in the case of a partnership - as a member or employee of the partnership or as an officer of a body corporate that is such a member;

(c) full particulars of the investments (other than unregulated investments) held by the PDF at the end of the financial year;

(d) full particulars of the making and disposal of investments (other than unregulated investments) by the PDF during the financial year;

(da) for each of the PDF ' s investee companies (within the meaning of Division 1 of Part 4 ), the proportion of the investee company ' s issued share capital held by the PDF at the end of the financial year;

(db) the amounts of all profits, gains or losses the PDF made during the financial year from each such investee company;

(dc) the amounts of all unregulated investments held by the PDF at the end of the financial year;

(dd) the amounts of all profits, gains or losses the PDF made during the financial year from unregulated investments;

(e) the PDF ' s approved investment plan;

(f) full particulars of the capital raised by the PDF during the financial year;

(g) the PDF ' s issued share capital and paid-up share capital;

(h) the address of the registered office of the PDF;

(i) the name and address of, and number of shares in the PDF held by:

(i) if there are not more than 10 shareholders in the PDF - each of those shareholders; or

(ii) if there are more than 10 shareholders in the PDF - each of the 10 of those shareholders who hold the greatest number of shares in the PDF;

(ia) full particulars of the dividends the PDF paid to the shareholders in the PDF during the financial year;

(j) any other information that a determination in force under subsection (3) requires the return to include.

41(2)   [Information as at time return given to Board]  

Information about a matter that a return must include because of paragraph (1)(a), (b), (e), (g), (h) or (i) is information about that matter as at the time when the return is given to the Board.

41(3)   [Determination to include specific information]  

The Board may, for the purposes of paragraph (1)(j), determine, by legislative instrument signed by the Chairperson pursuant to a resolution of the Board, that specified information is to be included in returns.

41(4)    
(Repealed by No 103 of 2013)

41(5)   [Information before becoming PDF]  

If a PDF became a PDF during a financial year, a return need not include any information about its operations before it became a PDF.