CAP. 32]
[3. 327 cont.]
Requirements
as to
prospectus.
19 & 20 Geo. 5,
Companies.
(3) Where any document by which any shares in or debentures of a company incorporated outside the Colony are offered for sale to the public would, if the company concerned had been a company within the meaning of this Ordinance, have been deemed by virtue of section 41 to be a prospectus issued by the company, that document shall be deemed to be, for the purposes of this section, a prospectus issued by the company.
(4) An offer of shares or debentures for subscription or sale to any person whose ordinary business or part of whose ordinary business it is to buy or sell shares or debentures, whether as principal or agent, shall not be deemed an offer to the public for the purposes of this section.
(5) Section 40 shall extend to every prospectus to which this section applies.
(6) Any person who is knowingly responsible for the issue, circulation or distribution of any prospectus, or for the issue of a form of application for shares or debentures, in contravention of the provisions of this section shall be liable to a fine of five thousand dollars.
(7) In this and the next following section the expressions "prospectus, shares and debentures" have the same meanings as when used in relation to a company incorporated under this Ordinance.
[328
328. (1) In order to comply with this Part of this Ordinance a prospectus in addition to complying with the provisions of sub-paragraphs (ii) and (iii) of paragraph (a) of subsection (1) of the last foregoing section must-
(a) contain particulars with respect to the following matters-
(i) the objects of the company;
(ii) the instrument constituting or defining the constitution of the company;
(iii) the enactments, or provisions having the force of an enactment, by or under which the incorporation of the company was effected;
(iv) an address in the Colony where the said instrument, enactments or provisions, or copies thereof, and if the same are in a foreign language
202
Page 190
Page 191
CAP. 32]
[3. 327 cont.]
Requirements
as to
prospectus.
19 & 20 Geo. 5,
Companies.
(3) Where any document by which any shares in or debentures of a company incorporated outside the Colony are offered for sale to the public would, if the company concerned had been a company within the meaning of this Ordinance, have been deemed by virtue of section 41 to be a prospectus issued by the company, that document shall be deemed to be, for the purposes of this section, a pros- pectus issued by the company.
(4) An offer of shares or debentures for subscription or sale to any person whose ordinary business or part of whose ordinary business it is to buy or sell shares or deben- tures, whether as principal or agent, shall not be deemed an offer to the public for the purposes of this section.
(5) Section 40 shall extend to every prospectus to which this section applies.
(6) Any person who is knowingly responsible for the issue, circulation or distribution of any prospectus, or for the issue of a form of application for shares or debentures, in contravention of the provisions of this section shall be liable to a fine of five thousand dollars.
(7) In this and the next following section the expres- sions "prospectus, shares and debentures" have the same meanings as when used in relation to a company incor- porated under this Ordinance.
[328
328, (1) In order to comply with this Part of this Ordinance a prospectus in addition to complying with the c. 23, s. 355. provisions of sub-paragraphs (ii) and (iii) of paragraph (a)
of subsection (1) of the last foregoing section must-
(a) contain particulars with respect to the following
matters-
(i) the objects of the company;
(ii) the instrument constituting or defining the constitution of the company;
(iii) the enactments, or provisions having the force of an enactment, by or under which the incorporation of the company was effected;
(iv) an address in the Colony where the said instrument, enactments or provisions, or copies thereof, and if the same are in a foreign language
202
Page 190Page 191
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