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Companies Act, 1973 (Act No. 61 of 1973)

Chapter VI: Offering of Shares and Prospectus

Offers to the public

147. Application form for shares to be attached to prospectus

 

 

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.

 

2) If any person-
a) contravenes subsection (1)(a); or
b) contravenes subsection (1)(b),

he shall be guilty of an offence.