148 Registration of prospectus

Registration of prospectus

Section 42 of the Act states the following:

(1) A prospectus shall not be issued, circulated or distributed by any person unless a copy thereof has first been registered by the Registrar.

(2) The Registrar shall not register a copy of any prospectus if it contains any statement or matter which is in his opinion misleading in the form and context in which it is included and unless –

(a) the copy signed by every director and by every person who is named therein as a proposed director of the corporation or by his agent authorized in writing is lodged with the Registrar on or before the date of its issue;

(b) the prospectus appears to comply with the requirements of this Act; and (c) there are also lodged with the Registrar copies verified as prescribed of any consents required by section 45 to the issue of the prospectus.

(3) If a prospectus is issued without a copy thereof having been so registered the corporation and every person who is knowingly a party to the issue of the prospectus shall be guilty of an offence against this Act.

The penalty for an offence against this Act is imprisonment for five years or a fine of one hundred thousand ringgit or both.


BCS 202/05 Corporate Compliance Management Copyright © 2011 by Wawasan Open University. All Rights Reserved.


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