Matters to be stated and reports to be set out in prospectus.

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....p;  (b) by or on behalf of any person who is or has been engaged or interested in the formation of a company, shall state the matters specified in Part I of Schedule II and set out the reports specified in Part II of that Schedule; and the said Parts I and II shall have effect subject to the provisions contained in Part III of that Schedule. (2) A condition requiring or binding an applicant ....

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....;    (a) in connection with a bona fide invitation to a person to enter into an underwriting agreement with respect to the shares or debentures; or      (b) in relation to shares or debentures which were not offered to the public. If any person[5] acts in contravention of the provisions of this sub-section,[6] he shall be punishable with fine which may extend t....

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.... no director or other person shall incur any liability in respect of the failure to include in a prospectus a statement with respect to the matters specified in clause 18 of Schedule II, unless it is proved that he had knowledge of the matters not disclosed. (5) This section shall not apply___      (a) to the issue to existing members or debenture holders of a company of a pr....

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....rt from this section.       ---------------------------- Notes:- [1] Substituted for the words "by a prospectus" by the Companies (Amendment) Act, 1988, section 8, w.e.f. 31-5-1991 [2] See Rule 4CC and Form 2A, Companies (Central Government's) General Rules and Forms, 1956. [3] Inserted by the Companies (Amendment) Act, 1988, section 8, w.e.f. 31-5-1991. [4] Inserted by the....