Venture Capital Act 2002

PART 2 - REGISTRATION OF LIMITED PARTNERSHIPS  

Division 13 - Registration  

SECTION 13-15   AN ESVCLP ' S APPROVED INVESTMENT PLAN  

13-15(1)    


A notice under subsection 13-1(3) to the effect that *Industry Innovation and Science Australia has decided to register a partnership as an *ESVCLP must specify a document that sets out the investment plan in relation to which Industry Innovation and Science Australia is satisfied as mentioned in paragraph 13-1(1A)(c) .

13-15(2)    
An *ESVCLP ' s approved investment plan is:

(a)    the investment plan set out in the document that the notice under subsection 13-1(3) specifies; or

(b)    if that plan has been replaced under this section, that plan as so replaced.

13-15(3)    


A *general partner of an *ESVCLP may, by writing, request Industry Innovation and Science Australia to approve a new plan as a replacement for the ESVCLP ' s *approved investment plan.

13-15(4)    
The request must state why the *ESVCLP wants the replacement plan.

13-15(5)    


If *Industry Innovation and Science Australia is satisfied that the replacement plan is appropriate, it must grant the request and approve the replacement plan.
Note:

Section 13-20 deals with deciding whether a replacement plan is appropriate.


13-15(6)    


If *Industry Innovation and Science Australia approves the replacement plan, the ESVCLP ' s *approved investment plan is replaced accordingly on the giving of the approval.

13-15(7)    


If *Industry Innovation and Science Australia is not satisfied as mentioned in subsection (5) , Industry Innovation and Science Australia must refuse the request.

13-15(8)    


*Industry Innovation and Science Australia must give the *general partner who made the request written notice of its decision on the request as soon as practicable after the decision is made.

13-15(9)    


If *Industry Innovation and Science Australia ' s decision is to refuse the request, the notice must also include a statement of its reasons for its decision.

13-15(10)    
A failure to comply with subsection (8) or (9) does not affect the validity of the decision.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.