1) |
No person shall issue, distribute or deliver or cause to be issued, distributed or delivered, any form of application in respect of shares of a company, unless the form- |
a) |
is attached to a prospectus a copy of which has been registered in the Companies Registration Office; and |
b) |
bears on the face of it the date of registration of the prospectus: |
c) |
[Paragraph (c) deleted by section 9 (b) of Act No. 64 of 1977] |
Provided that this subsection shall not apply if it is shown that the form of application was issued either—
i) |
in connection with a bona fide invitation to enter into an underwriting agreement with respect to the shares; or |
ii) |
in relation to shares which were not offered to the public. |
a) |
contravenes subsection (1)(a); or |
b) |
contravenes subsection (1)(b), |
he shall be guilty of an offence.