Venture Capital Act 2002

PART 2 - REGISTRATION OF LIMITED PARTNERSHIPS  

Division 11 - Application for registration  

SECTION 11-1   APPLICATION FOR REGISTRATION  

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.

11-1(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.