(
1984 Ed.]
Companies
[CAP. 32
285
(3) If a certificate of exemption is given, and if the proposals referred to in subsection (1) are adhered to and every form of application issued is accompanied by a document containing the particulars and information required to be published as a condition of the granting of a certificate of exemption, then--
(a) a prospectus giving the particulars and information aforesaid in the form in which they are so required to be published shall be deemed to comply with the requirements of the Third Schedule; and
(b) except in so far as it requires a prospectus to be dated, section 342 shall not apply to any issue of a prospectus or form of application relating to the shares or debentures.
(Added, 78 of 1972, s. 18)
342B. (1) It shall not be lawful for any person to issue, circulate or distribute in Hong Kong any prospectus offering for subscription shares in or debentures of a company incorporated outside Hong Kong, whether the company has or has not established a place of business in Hong Kong (Amended, 6 of 1984, s. 259)
(a) if, where the prospectus includes a statement purporting to be made by an expert, he has not given, or has before delivery of the prospectus for registration withdrawn, his written consent to the issue of the prospectus with the statement included in the form and context in which it is included or there does not appear in the prospectus a statement that he has given and has not withdrawn his consent as aforesaid; or
(b) if the prospectus does not have the effect, where an application is made in pursuance thereof, of rendering all persons concerned bound by all the provisions (other than penal provisions) of sections 44A and 44B so far as applicable.
(1A) Subsection (1)(b)---
(a) shall apply in relation to a prospectus offering for subscription shares in body corporate authorized as a mutual fund corporation under section 15 of the Securities Ordinance as if the reference to section 44A were a reference to that section excluding subsection (2) thereof;
(b) shall not apply in relation to a prospectus offering for subscription debentures of a company incorporated outside Hong Kong. (Added, 6 of 1984, s. 237)
(2) In this section the expression "expert" includes engineer, valuer, accountant and any other person whose profession gives authority to a statement made by him, and for the purposes of this section a statement shall be deemed to be included in a prospectus if
Provisions as to expert's consent, and allotment.
1948 c. 38, s. 419.
(Cap. 333.)
Page 175
Page 176
(
1984 Ed.]
Companies
[CAP. 32
285
(3) If a certificate of exemption is given, and if the proposals referred to in subsection (1) are adhered to and every form of application issued is accompanied by a document containing the particulars and information required to be published as a condition of the granting of a certificate of exemption, then--
(a) a prospectus giving the particulars and information afore- said in the form in which they are so required to be published shall be deemed to comply with the requirements of the Third Schedule; and
(b) except in so far as it requires a prospectus to be dated, section 342 shall not apply to any issue of a prospectus or form of application relating to the shares or debentures.
(Added, 78 of 1972, s. 18)
342B. (1) It shall not be lawful for any person to issue, circulate or distribute in Hong Kong any prospectus offering for subscription shares in or debentures of a company incorporated outside Hong Kong, whether the company has or has not estab- lished a place of business in Hong Kong (Amended, 6 of 1984, s. 259)
(a) if, where the prospectus includes a statement purporting to be made by an expert, he has not given, or has before delivery of the prospectus for registration withdrawn, his written consent to the issue of the prospectus with the statement included in the form and context in which it is included or there does not appear in the prospectus a statement that he has given and has not withdrawn his consent as aforesaid; or
(b) if the prospectus does not have the effect, where an application is made in pursuance thereof, of rendering all persons concerned bound by all the provisions (other than penal provisions) of sections 44A and 44B so far as applicable.
(IA) Subsection (1)(b)---
(a) shall apply in relation to a prospectus offering for subscrip- tion shares in body corporate authorized as a mutual fund corporation under section 15 of the Securities Ordi- nance as if the reference to section 44A were a reference to that section excluding subsection (2) thereof;
(b) shall not apply in relation to a prospectus offering for subscription debentures of a company incorporated out- side Hong Kong. (Added, 6 of 1984, s. 237)
(2) In this section the expression "expert" includes engineer, valuer, accountant and any other person whose profession gives authority to a statement made by him, and for the purposes of this section a statement shall be deemed to be included in a prospectus if
Provisions as to expert's consent, and allotment.
1948 c. 38, s. 419.
(Cap. 333.)
Page 175Page 176
No comments yet.
Private notes are available after approval.