Companies Act 2013

Section 40 The Companies Act, 2013

Section 40 The Companies Act, 2013

Securities to be Dealt with in Stock Exchanges (1) Every company making public offer shall, before making such offer, make an application to one or more recognised stock exchange or exchanges and obtain permission for the securities to be dealt with in such stock exchange or exchanges. (2) Where a prospectus states that an application under sub-section (1) has been made, such prospectus shall also […]

Section 39 The Companies Act, 2013

Section 39 The Companies Act, 2013

Allotment of Securities by Company (1) No allotment of any securities of a company offered to the public for subscription shall be made unless the amount stated in the prospects as the minimum amount has been subscribed and the sums payable on application for the amount so stated have been paid to and received by the company by cheque or other

Section 38 The Companies Act, 2013

Section 38 The Companies Act, 2013

Punishment for Personation for Acquisition, etc., of Securities. (1) Any person who— (a) makes or abets making of an application in a fictitious name to a company for acquiring, or subscribing for, its securities; or (b) makes or abets making of multiple applications to a company in different names or in different combinations of his name or surname for acquiring

Section 37 The Companies Act, 2013

Section 37 The Companies Act, 2013

Action by Affected Persons. A suit may be filed or any other action may be taken under section 34 or section 35 or section 36 by any person, group of persons or any association of persons affected by any misleading statement or the inclusion or omission of any matter in the prospectus.

Section 35 The Companies Act, 2013

Section 35 of the Companies Act 2013 provides for the provisions related to Civil Liability for Mis-statement in Prospectus which reads as follows: Civil Liability for Mis-statements in Prospectus (1) Where a person has subscribed for securities of a company acting on any statement included, or the inclusion or omission of any matter, in the prospectus which is misleading and has

Section 34 The Companies Act, 2013

Section 34 The Companies Act, 2013

Criminal Liability for Mis-statements in Prospectus Where a prospectus, issued, circulated or distributed under this Chapter, includes any statement which is untrue or misleading in form or context in which it is included or where any inclusion or omission of any matter is likely to mislead, every person who authorizes the issue of such prospectus shall be

Section 32 The Companies Act, 2013

Section 32 The Companies Act, 2013

Section 32 of the Companies Act, 2013 provides for the provisions related to Red Herring Prospectus which reads as follows Red Herring Prospectus (1) A company proposing to make an offer of securities may issue a red herring prospectus prior to the issue of a prospectus. (2) A company proposing to issue a red herring prospectus under sub-section (1) shall file it with the Registrar at least

Section 31 of The Companies Act 2013

Section 31 The Companies Act, 2013

Section 31 of Companies Act 2013 read as follows: Shelf Prospectus (1) Any class or classes of companies, as the Securities and Exchange Board may provide by regulations in this behalf, may file a shelf prospectus with the Registrar at the stage of the first offer of securities included therein which shall indicate a period not exceeding one year as the period of

Section 30 The Companies Act, 2013

Section 30 The Companies Act, 2013

Advertisement of Prospectus Where an advertisement of any prospectus of a company is published in any manner, it shall be necessary to specify therein the contents of its memorandum as regards the objects, the liability of members and the amount of share capital of the company, and the names of the signatories to the memorandum and the number of shares subscribed for by them, and

Section 29 The Companies Act, 2013

Section 29 The Companies Act, 2013

Public Offer of Securities to be in Dematerialised Form (1) Notwithstanding anything contained in any other provisions of this Act,— (a) every company making public offer; and (b) such other class or classes of 1[public] companies as may be prescribed, shall issue the securities only in dematerialised form by complying with the provisions of the Depositories Act, 1996 (22 of 1996) and the