Santosh, CEO of the company, has advised the Board of directors of an unlisted company that in order to market the public issue and generate interest and awareness amongst the public a prospectus can be issued without gi
CS Executive · Company Law · PYQS · June 2021
Santosh, CEO of the company, has advised the Board of directors of an unlisted company that in order to market the public issue and generate interest and awareness amongst the public a prospectus can be issued without giving details of number of shares and the issue price. Examine the correctness of the advice in light of the provisions of the Companies Act, 2013.
Answer & Explanation:
As per Explanation appended to Section 32 of the Companies Act, 2013, 'Red herring Prospectus' means 'a prospectus which does not include complete particulars of the quantum or price of the securities included therein.' In simple terms, a Red herring Prospectus is a prospectus, which does not include details of either price or number of securities being offered, or the amount of issue. According to section 32(1) of the Companies Act, 2013, a company proposing to make an offer of securities may issue a Red herring Prospectus prior to the issue of a prospectus. Such company proposing to issue a Red herring Prospectus shall file it with the Registrar of Companies at least 3 days prior to the opening of the subscription list and the offer. Therefore, the advice given by CEO Santosh is correct.
Topics: Prospectus and Allotment of Securities
Related Questions in this Topic
- Explain the manner in which public limited companies may issue their securities as per the previsions of the Companies A...
- In the light of provisions of relevant Secretarial Standard state if the minute book can be in the custody of a senior o...
- Write a brief note on revenue sharing models for a Mega Firm.
- CS Nitesh, a Company Secretary in practice gave an advertisement for staff for his office in newspaper as follows - "A r...
- Jupiter Ltd. appointed Ashok as an Independent director for a term of three years. Upon completion of his first term, he...