Commonwealth Consolidated Acts

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POOLED DEVELOPMENT FUNDS ACT 1992 - SECT 11

Application for registration declaration

  (1)   A company may apply to the Board for a registration declaration to be made in relation to the company.

  (2)   An application must be in writing and must include the following information:

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

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

  (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, or will supply, such services to the applicant:

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

  (d)   the capital - raising plan that the applicant proposes to implement if it becomes a PDF;

  (e)   the investment plan that the applicant proposes to implement if it becomes a PDF;

  (f)   the address of the applicant's registered office;

  (g)   the name and address of, and number of shares in the applicant held by:

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

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

  (h)   any other information that a determination in force under subsection   (5) requires the application to include.

  (3)   An application may also include any other information that the applicant thinks is relevant.

  (4)   An application must be accompanied by a copy of the applicant's constitution.

  (4A)   An application must not be made on or after the day on which Part   4 of Schedule   8 to the Tax Laws Amendment (2007 Measures No.   2) Act 2007 commenced.

  (5)   The Board may, for the purposes of paragraph   (2)(h), determine, by legislative instrument signed by the Chairperson pursuant to a resolution of the Board, that specified information is to be included in registration applications.



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