CA Inter P2 · Chapter 3 · Question 10 of 10
Section 34 expressly provides that every person who authorises the issue of a prospectus containing an untrue or misleading statement shall be liable under:
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: D) Section 447, which deals with punishment for fraud
Explanation
Section 34 provides that where a prospectus includes any untrue or misleading statement, or omits a matter likely to mislead, every person who authorises its issue is liable under section 447 (fraud). It is a defence to prove that the statement or omission was immaterial, or that he had reasonable grounds to believe it was true. Section 35 deals with civil liability separately.
More Prospectus and Allotment of Securities MCQs
- Q2Section 25 deems a document containing an offer for sale of securities to the public to be a prospectus issued by the company. Unless the…
- Q3A red herring prospectus under section 32 is a prospectus that:
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- Q5Which of the following persons is NOT liable to pay compensation under section 35 for a misleading statement in a prospectus?
- Q6Under section 39(2), the amount payable on application on every security offered in a public issue shall not be less than:
