Page 72 - Praetura IM EIS2019 DRAFT

Risk Factors

financial requirements and the occurrence of unforeseen events could impair the EIS qualifying
ability of Praetura Ventures to realise projected values and/or cashflow in respect of The availability of various EIS tax reliefs are dependent on Investors’ own
an investment. Therefore, there can be no assurance that the projected results will circumstances and anyone that is unsure as to whether they will be able to take
be obtained and actual results may vary significantly from the projections. General advantage of any such reliefs should seek tax or financial advice before investing. In
economic and industry-specific conditions, which are not predictable, can also have an addition, there are circumstances in which an Investor could cease to qualify for the
adverse impact on the reliability of projections. taxation advantages offered by the EIS following investment. For example, Capital
Gains Deferral Relief for EIS could be lost if an Investor ceases to be resident or
Praetura Ventures may, in relation to certain transactions, give warranties, guarantees ordinarily resident in the United Kingdom during the Three Year EIS Period. In
and/or indemnities to third parties. Consequently, it may need to apply assets of the addition, an Investor could cease to qualify for EIS Relief in respect of an Investee
relevant fund or drawdown additional monies from investors in the relevant fund to Company if they receive value from that Investee Company during the period
satisfy such contingent liabilities. beginning one year before the Shares in the Investee Companies are issued and
ending on the conclusion of the Three Year EIS Period. Payment of a dividend, at a
Fund Manager commercial rate, however, would not typically be regarded as a receipt of value. EIS
The departure of any of the Fund Managers, directors, employees or associates could Relief could also be denied or lost in respect of an Investee Company if the investor
have a material adverse effect on the performance of the Fund. Whilst the Manager or an associate (such as a close relative) is or becomes employed by that Investee
has entered into appropriate agreements, the retention of their services cannot be Company, or was so employed in the two years preceding the investment.
guaranteed. The Fund Managers success is also highly dependent on its continuing
ability to identify, hire, train motivate and retain highly qualified personnel. Competition EIS qualifying status of investee companies
for such personnel can be intense and we cannot give any assurance that it will be able If an investee company ceases to carry on business of the type prescribed for
to attract or retain highly-qualified personnel in the future. EIS Qualifying Companies during the Three Year EIS Period, this could prejudice
its qualifying status under the EIS. There are other events and matters whereby
The success of the Fund depends on the ability of the Manager to locate, select, an investee company may lose its qualifying status. The situation will be closely
develop and ultimately realise appropriate investments. monitored with a view to preserving the Investee Company’s qualifying status, but
this cannot be guaranteed. A failure to meet the qualifying requirements for EIS
There is no guarantee that suitable investments will be or can be acquired or that could result in:
investments will be successful.
• Investors being required to repay the 30% (EIS) income tax relief
received on subscription for Shares and interest on the same
The Fund Managers team may be unable to find a sufficient number of attractive
• A liability to CGT if the Shares are sold and a gain is realised
investment opportunities to meet the Fund’s investment objectives.
• Any gain deferred by Capital Gains Deferral coming back into the
charge to tax