43.
| (1) No prospectus shall be issued by or on behalf c a company or in relation to an intended company on or before the date of its publication, there has 1 delivered to the Registrar for registration a copy of s prospectus signed by every person who is named in prospectus as a director or proposed director of company, or by his agent authorized in writing, and 1 endorsed thereon or attached thereto
| | (a) any consent to the issue of the prospectus require by section 41 from any person as an expert; | | |
| | (b) a declaration made and subscribed by every person who is named in such prospectus as a director or a proposed director of the company to the effect that he has read the provisions of this Act relating to the issue of a prospectus and that those provisions have been complied with ; and | | |
| | (c) in the case of a prospectus issued generally where the persons making any report required by Part II of the Third Schedule hereto have made, or have, without giving the reasons, indicated in such prospectus any such adjustments as are mentioned in paragraph 30 of such Schedule, a written statement signed by such persons setting out the adjustments and giving the reasons therefor. | | |
|
|
| (2) Every prospectus shall, on the face of it
| | (a) state that a copy has been delivered for registration as required by this section; and | | |
| | (b) set out, or refer to, statements included in the prospectus which, specify any documents required by this section to be endorsed on or attached* to the copy so delivered. | | |
|
|
| (3) The Registrar shall not register a prospectus
| | (a) unless the copy thereof is signed in the manner required by this section ; and | | |
| | (b) unless it has endorsed there or attached thereto the documents (If any) specified as aforesaid ; and | | |
| | (c) unless it bears the date of the delivery of the copy thereof to the Registrar under this section or it bears a future date to be inserted in such prospectus under the provisions of section 39; and | | |
| | (d) where is bears a future date as hereinbefore provided, unless that date has been confirmed or altered by notice served on the Registrar. | | |
|
|
| (4) Where a prospectus is issued without a copy thereof being delivered under this section to the Registrar, or without the copy so delivered having endorsed thereon or attached thereto the required documents referred to in subsection (1), the company and every person who is knowingly a party to the issue of the prospectus, shall be guilty of an offence and shall be liable to a fine not exceeding two hundred and fifty rupees for every day from the issue of the prospectus until a copy thereof is so delivered with the required documents endorsed thereon or attached thereto. |
|
|
Sri Lanka Consolidated Acts