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Venture Capital Act 2002

PART 3 - REGISTRATION OF ELIGIBLE VENTURE CAPITAL INVESTORS  

Division 21 - Registration of eligible venture capital investors  

Operative provisions  

SECTION 21-20   ANNUAL RETURN BY ELIGIBLE ENTITY  

21-20(1)    

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An *entity registered under this Part must, within 3 months after the end of each *financial year, give *Industry Innovation and Science Australia a written return that includes the following information:

(a)    the entity ' s residency status at the end of the financial year (including details of changes to that status during the year);

(b)    the address of the entity ' s registered office (including details of changes to that address during the year);

(c)    details of the facts that qualify the entity to be tax exempt in its country of residence;

(d)    details of the facts that qualify the entity as an *eligible venture capital investor;

(e)    details of:


(i) the *eligible venture capital investments the entity made during that year; and

(ii) the eligible venture capital investments that the entity disposed of during that year; and

(iii) the eligible venture capital investments the entity holds at the end of that year; and

(iv) the disposals of eligible venture capital investments during that year including any profits derived or losses incurred from that disposal;

(f)    the industries to which those investments relate;

(g)    

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for each investment in a company that the entity held throughout that year - a statement as to whether the company met the requirements of subsections 118-425(3) , (4) , (4A) and (5) of the Income Tax Assessment Act 1997 at all times during that year;

(h)    

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for each investment in a company that the entity made during that year - a statement as to whether the company met the requirements of subsections 118-425(3) , (4) , (4A) and (5) of the Income Tax Assessment Act 1997 at all times during that year after the investment was made;

(i)    

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for each investment in a company that the entity disposed of during that year - a statement as to whether the company met the requirements of subsections 118-425(3) , (4) , (4A) and (5) of the Income Tax Assessment Act 1997 at all times during that year up to the day of disposal;

(j)    

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for each investment in a unit trust that the entity held throughout that year - a statement as to whether the unit trust met the requirements of subsections 118-427(4) , (5) , (5A) and (6) of the Income Tax Assessment Act 1997 at all times during that year;

(k)    

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for each investment in a unit trust that the entity made during that year - a statement as to whether the unit trust met those requirements at all times during that year after the investment was made;

(l)    

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for each investment in a unit trust that the entity disposed of during that year - a statement as to whether the unit trust met those requirements at all times during that year up to the day of disposal.
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21-20(2)    
Information about a matter that a return must include because of paragraph (1)(a) or (b) is information about that matter as at the end of the financial year.

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.



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