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Securities Industry Act - The Bahamas Laws On-Line - The ...

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SECURITIES INDUSTRY [CH.363 – 35<br />

(9) Every company incorporated in <strong>The</strong> <strong>Bahamas</strong><br />

and every partnership or joint venture or syndicate or trust<br />

or other issuer established in <strong>The</strong> <strong>Bahamas</strong> that issues<br />

securities to the public in any other jurisdiction shall<br />

comply with the provisions of this section and any<br />

regulations made thereunder:<br />

Provided that securities issued in jurisdictions prescribed<br />

by the Commission pursuant to section 18 are<br />

exempt from complying with this subsection.<br />

(10) In any particular class of securities or issuers, the<br />

Commission shall have the authority —<br />

(a) to require any additional information to be<br />

included in the prospectus; or<br />

(b) to permit the omission of any items of information.<br />

(11) Upon written application by an issuer, the<br />

Commission shall have the authority to exempt such issuer<br />

from any of the requirements of this section.<br />

55. (1) A prospectus inviting persons to subscribe<br />

for securities and which includes a statement purporting to<br />

be made by an expert shall not be published unless<br />

(a) such expert has given his consent in writing and<br />

has not, before delivery of the prospectus for<br />

registration, withdrawn his written consent to<br />

the publication thereof with the statement<br />

included in the form and context in which it is<br />

included; and<br />

(b) a statement that he has given and has not<br />

withdrawn his consent as aforesaid appears in<br />

the prospectus.<br />

(2) If any prospectus is published in contravention of<br />

this section, the issuer and every person who is knowingly a<br />

party to the publication thereof is guilty of an offence and<br />

shall be liable on summary conviction to a fine of ten<br />

thousand dollars.<br />

(3) In this Part the expression “expert” includes<br />

engineer, valuer, accountant, counsel and attorney and any<br />

other person whose profession gives authority to a<br />

statement made by him.<br />

Expert’s consent<br />

to issue of<br />

prospectus<br />

containing<br />

statement by<br />

him.<br />

[Original Service 2001]<br />

STATUTE LAW OF THE BAHAMAS

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