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

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SECURITIES INDUSTRY [CH.363 – 43<br />

(a) that an offer of the securities or of any of them<br />

for sale to the public was made within six months<br />

after the allotment or agreement to allot; or<br />

(b) that at the date when the offer was made to the<br />

public the whole consideration to be received by<br />

the issuer in respect of the securities had not been<br />

so received.<br />

(3) Section 54 as applied by this section shall have<br />

effect as if it required a prospectus to state in addition to<br />

the matters required by that section to be stated in a<br />

prospectus —<br />

(a) the net amount of the consideration received or<br />

to be received by the issuer in respect of the<br />

securities to which the offer relates; and<br />

(b) the place and time at which the contract under<br />

which the said securities have been or are to be<br />

allotted may be inspected,<br />

and section 56 as applied by this section shall have effect as<br />

though the persons making the offer were persons named in<br />

a prospectus as a chief executive officer or chief financial<br />

officer or directors or managers or partners of an issuer.<br />

(4) Where a person making an offer to which this<br />

section relates is a company or a partnership, it shall be<br />

sufficient to establish the document as a prospectus for the<br />

purposes of this section if the document is signed on behalf<br />

of the company or the partnership by any officer of the.<br />

company as defined in section 2 of the Companies <strong>Act</strong>, or<br />

by a majority of partners, as the case may be, and any of<br />

the foregoing persons may sign by his agent authorised by<br />

him in writing.<br />

60. For the purposes of the foregoing provisions of<br />

this Part —<br />

(a) a statement included in a prospectus shall be<br />

deemed to be untrue if it is misleading in the<br />

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

any material facts; and<br />

(b) a statement shall be deemed to be included in a<br />

prospectus if it is contained therein or in any<br />

report or memorandum appearing on the face<br />

thereof or by reference incorporated therein or<br />

issued therewith.<br />

Ch. 308.<br />

Interpretation of<br />

prospectus.<br />

[Original Service 2001]<br />

STATUTE LAW OF THE BAHAMAS

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