3. A document described or issued as
prospectus and includes any
notice, circular, advertisement or other document
inviting deposits from the public or inviting the
offers from public for subscription or purchase of
shares or debentures of a company.
4. MEANING.
LEGAL REQUIREMENTS OF PROSPECTUS.
TYPES OF PROSPECTUS.
CONTENTS OF PROSPECTUS.
FORMALITIES IN ISSUING COMPANY PROSPECTUS
STATEMENT IN LIEU OF A PROSPECTUS.
RULES OF PUBLIC DEPOSITS.
5. MEANING
Company prospectus is released by
company to inform the public and investors of the
various securities that are available. These
documents describe about mutual
funds, bonds, stocks and other forms of
investments offered by the company. A prospectus
is generally accompanied by basic performance
and financial information about the company.
6. A Prospectus is required to be issued only after the
incorporation of company.
The prospectus must contain all the particulars, listed
in the schedule II of Companies act.
The prospectus must be dated.
Before a prospectus is issued, a copy of it must be
registered with the registration of companies.
Prospectus shall be issued within ninety days of its
registration .
8. GENERAL INFORMATION –
It contains (i)Name and address of registered office of
company.
(ii)Name of stock exchange where application for
listing is made.
(iii)Date of opening of the issue.
(iv)Date of closing of the issue.
(v)Name and address of companies manager and
managing directors
9. CAPITAL STRUCTURE OF COMPANY---
i. Authorized, issued, subscribed, and paid-up
capital. ii.Size of the present issue giving separately
reservation for preferential allotments to promoters and
others.
PARTICULARS OF THE ISSUE-
i.Objects. ii.Project cost. iii.Means of
financing.
10. OUTSTANDING LITIGATION –
Relating to financial matters or criminal
proceedings against the company or directors under
Schedule XIII.
CERTAIN PRESCRIBED PARTICULARS-
In regard to the company and other listed
companies under the same management, which made
any capital issue during the last 3 years.
11. Every prospectus issued by or on
behalf of a company must be dated and that
date shall unless the contrary is proved, be
regarded as the date of its publication.
(section 55)
A copy of the prospectus signed by
every director or proposed director or by his
agent must be delivered to the registrar on or
before the date of publication. The prospectus
issued to the public should mention that a
copy of the prospectus along with the
specified documents have been filed with the
register.
12. Continued……………..
A prospectus must not be
issued more than 90 days after the date
on which a copy thereof is delivered for
registration. If a prospectus is so issued
it will be deemed to be a prospectus a
copy of which has not been delivered to
the registrar.
13. A public limited company, 1. which has not
issued a prospectus.2.which has issued a
prospectus, but has not proceeded to allot any of the
shares, offered to the public for subscription, is
required to deliver to Registrar a “statement in lieu of
prospectus” for registration, at least three days before
the allotment of shares or debentures.
14. Continued..........
Schedule III contains the details of the
particulars to be furnished. In case of private company
becoming a public company, statement in lieu of the
prospectus can be filed. Schedule IV contains the
details of the particulars to be furnished for the same.
Such a statement is required to be signed by
every person, who is named therein as a director or a
proposed director, of the company, or by his agent
authorized in writing.
15. Continued…………
If allotment of shares or debentures is made
without filing the statements in lieu of prospectus, the
allottee may avoid it within two months after the
statutory meeting, or where no such meeting is to be
held, within two months of the allotment.
Contravention also renders the company and every
director liable to fine up to rupees 10,000.
16. No deposit can be invited, without an advertisement
specifying the financial conditions, management
structure and other required particulars of the
company.
Declaration as to repayment of the deposit, in
accordance with the terms and condition.
Provision for nomination to be available.
17. No deposit payable on demand or repayable before
three months can be accepted.
A company cannot accept deposits, repayable after
three years.
A company cannot accept deposits beyond 10% of the
paid-up capital.
