Pooled Development Funds Act 1992
PART 4
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REGULATION OF PDFs
Division 1
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Making investments
SECTION 25
PDF NOT TO COMMIT MORE THAN 30% OF ITS COMMITTED CAPITAL TO INVESTEE COMPANY
25(1)
[Investment limit]
(a) all amounts paid on the shares in the investee company held by the PDF; and
(b) all amounts remaining unpaid on those shares; and
(ba) all amounts the PDF has paid to acquire options in the investee company that the PDF has not yet exercised; and
(bb) all amounts the PDF has lent to the investee company that remain outstanding;
(c) the shareholders ' funds of the PDF; and
(d) all amounts remaining unpaid on the issued shares in the PDF.
Unless the Board otherwise approves, the investment must be such that, immediately after it is made, the total of:
(a) all amounts paid on the shares in the investee company held by the PDF; and
(b) all amounts remaining unpaid on those shares; and
(ba) all amounts the PDF has paid to acquire options in the investee company that the PDF has not yet exercised; and
(bb) all amounts the PDF has lent to the investee company that remain outstanding;
does not exceed 30% of the total of:
(c) the shareholders ' funds of the PDF; and
(d) all amounts remaining unpaid on the issued shares in the PDF.
25(2)
[Board approval]
The Board must not give an approval under subsection (1) if the Board is satisfied that the investment is connected with a scheme or proposed scheme to which Part IVA of the Income Tax Assessment Act 1936 applies or would apply, as the case requires.
25(3)
[Expressions used]
An expression used in subsection (2) of this section and in Part IVA of the Income Tax Assessment Act 1936 has the same meaning in that subsection as it has in that Part.