87Who may apply for registration?

87 Who may apply for registration?

(1) An application for registration as an incorporated limited partnership may be made, in the circumstances described in subsection (2), by a partnership or by persons proposing to be the partners in the proposed incorporated limited partnership.

(2) The circumstances are—

(a) that the partnership is registered under Part 2 of the Venture Capital Act 2002 of the Commonwealth as, or a general partner in the partnership or a proposed general partner in the proposed incorporated limited partnership intends to apply for registration of the partnership or proposed partnership under that Part as—

(i) a VCLP within the meaning of that Act; or

(ii) an AFOF within the meaning of that Act; or

S. 87(2)(a)(iii) inserted by No. 2/2008 s. 23.

(iii) an ESVCLP within the meaning of that Act; or

(b) that the partnership is a venture capital management partnership within the meaning of section 94D(3) of the Income Tax Assessment Act 1936 of the Commonwealth or the partners in the partnership or the proposed partners in the proposed incorporated limited partnership intend that the partnership or proposed partnership will meet the requirements set out in that section for recognition as a venture capital management partnership; or

(c) such other circumstances as are prescribed.

S. 88 inserted by No. 99/2003 s. 4.