42
CAP. 32]
Companies
[1984 Ed.
Dating of prospectus. 1929 c. 23, s. 34
Specific requirements as to particulars in prospectus.
1929 c. 23, s. 35 Third Schedule.
PART II
SHARE CAPITAL AND DEBENTURES
Prospectus
37. A prospectus issued by or on behalf of a company shall be dated, and that date shall, unless the contrary is proved, be taken as the date of publication of the prospectus.
(Amended, 78 of 1972, s. 4)
38. (1) Subject to the provisions of section 38A, every prospectus issued by or on behalf of a company must be in the English language and contain a Chinese translation and must state the matters specified in Part I of the Third Schedule and set out the reports specified in Part II of that Schedule, and the said Parts I and II shall have effect subject to the provisions contained in Part III of the said Schedule. (Replaced, 78 of 1972, s. 5)
(1A) Every prospectus to which subsection (1) applies must contain in a prominent position in the English version a statement in the following form-
"IMPORTANT
If you are in any doubt about this prospectus you should
consult your stockbroker, bank manager, solicitor, professional
accountant or other professional adviser.";
and in the Chinese version a statement in the following form-
重要提示
如對此招股章程有任何疑問,應向股票經紀、銀行經理、律師、會計師或其他專家諮詢。”
(Added, 78 of 1972, s. 5)
(1B) If any prospectus is issued which does not comply with or contravenes the requirements of subsections (1) and (1A), the
company and every person who is knowingly a party to the issue thereof shall be liable to a fine of $10,000. (Added, 78 of 1972, s. 5)
(2) A condition requiring or binding an applicant for shares in or debentures of a company to waive compliance with any requirement of this section, or purporting to affect him with notice of any contract, document, or matter not specifically referred to in the prospectus, shall be void.
(3) Subject to the provisions of section 38A, it shall not be lawful to issue any form of application for shares in or debentures of a company unless the form is issued with a prospectus which complies with the requirements of this section: (Amended, 78 of 1972, s. 5)
Provided that this subsection shall not apply if it is shown that the form of application was issued either----
C
(
Page 300
Page 301
42
CAP. 32]
Companies
[1984 Ed.
Dating of prospectus. 1929 c. 23, s. 34
Specific requirements as to particulars in prospectus.
1929 c. 23, s. 35 Third Schedule.
PART II
SHARE CAPITAL AND DEBENTURES
Prospectus
37. A prospectus issued by or on behalf of a company shall be dated, and that date shall, unless the contrary is proved, be taken as the date of publication of the prospectus.
(Amended, 78 of 1972, s. 4)
38. (1) Subject to the provisions of section 38A, every pro- spectus issued by or on behalf of a company must be in the English language and contain a Chinese translation and must state the matters specified in Part I of the Third Schedule and set out the reports specified in Part II of that Schedule, and the said Parts I and II shall have effect subject to the provisions contained in Part III of the said Schedule. (Replaced, 78 of 1972, s. 5)
(1A) Every prospectus to which subsection (1) applies must contain in a prominent position in the English version a statement in the following form-
"IMPORTANT
If you are in any doubt about this prospectus you should
consult your stockbroker, bank manager, solicitor, professional
accountant or other professional adviser.";
and in the Chinese version a statement in the following form-
重要提示
如對此招股章程有任何疑問,應向股票經紀、銀行經理、律師、會計師或 其他專家哨教。”
(Added, 78 of 1972, s. 5)
(IB) If any prospectus is issued which does not comply with or contravenes the requirements of subsections (1) and (1A). the
company and every person who is knowingly a party to the issue thereof shall be liable to a fine of $10.000. (Added, 78 of 1972, S. 5)
(2) A condition requiring or binding an applicant for shares in or debentures of a company to waive compliance with any require- ment of this section, or purporting to affect him with notice of any contract, document, or matter not specifically referred to in the prospectus, shall be void.
(3) Subject to the provisions of section 38A, it shall not be lawful to issue any form of application for shares in or debentures of a company unless the form is issued with a prospectus which complies with the requirements of this section: (Amended. 78 of
1972, s. 5)
Provided that this subsection shall not apply if it is shown that the form of application was issued either----
C
(
Page 300Page 301
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