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(3) No person shall issue to any person in India a form of application for shares in or debentures of such a company or intended company as is mentioned in sub-section (1), unless the form is issued with a prospectus which complies with the provisions of this part and the issue whereof in India does not contravene the provisions of : Provided that this sub-section shall not apply if it is shown that the form of application was issued in connection with a invitation to a person to enter into an under writing agreement with respect to the shares or debentures.
(4) In the event of non-compliance with or contravention of any of the requirements imposed by clauses ( ) the non-compliance or contravention was in respect of matters which, in the opinion of the Court dealing with the case, were immaterial, or was otherwise such as ought in the opinion of that Court, having regard to all the circumstances of the case, reasonably to be excused : Provided that, in the event of failure to include in a prospectus a statement with respect to the matters contained in clause 18 of Schedule II, no director or other person shall incur any liability in respect of the failure, unless it be proved that he had knowledge of the matters not disclosed.
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The prospectus will contain standard information, such as the company's policy on dividends, a business plan, current financial condition and details on management and future plans.
In addition, knowing the currency of the information contained in the prospectus will help the investor to make smarter choices with investment dollars.
Paragraph three of the sub-chapter states once a new security is issued and has been available on the market for longer than nine months, the data in the prospectus cannot be more than 16 months old.Not only is a prospectus a legal document required to meet set federal guidelines, but the issuer also uses a prospectus to market a security or mutual fund.A publication released by the Missouri secretary of state in 2005 calls the prospectus the "primary sales tool" of the issuer.(2) Any condition requiring or binding an applicant for securities to waive compliance with any requirement imposed by virtue of sub-section (1), or purporting to impute him with notice of any contract, documents or matter not specifically referred to in the prospectus, shall be void.(3) No person shall issue to any person in India a form of application for securities of such a company or intended company as is mentioned in sub-section (1), unless the form is issued with a prospectus which complies with the provisions of this Chapter and such issue does not contravene the provisions of : Provided that this sub-section shall not apply if it is shown that the form of application was issued in connection with a bona fide invitation to a person to enter into an underwriting agreement with respect to securities.