151 Further conditions for lodging supplemental prospectus

Further conditions for lodging supplemental prospectus

Section 42A(5) of the Act provides that a supplemental prospectus may be lodged for the purpose of subsection (1), notwithstanding that the prospectus to which it relates has been issued, if –

(a) the prospectus relates to an invitation or offer which is addressed to an identifiable category of persons to whom it is directly communicated by the person making the invitation or offer or by his appointed agent, and a copy of the supplemental prospectus is sent to each of those persons in compliance with subsection (6); or

(b) the prospectus relates to an invitation or offer to the general public and a copy of the supplemental prospectus is advertised in every newspaper which originally advertised the invitation or offer or calling attention to the invitation or offer in compliance with subsection (6).

Section 42A(6) of the Act further states that for the purpose of subsection (5), a notice shall –

(a) in the case of subsection (5)(a), be sent together with a copy of the supplemental prospectus to every person referred to in that subsection;

(b) in the case of subsection (5)(b), be advertised together with the supplemental prospectus, stating –

(aa) that a copy of the supplemental prospectus has been lodged with the Registrar; and

(bb) that every person who has submitted his application prior to the date of the notice is entitled to withdraw his application within seven days of the date of the notice and all application money received in respect thereof will be repaid in full without penalty.

 

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