A Treatise on the Law Relating to Debentures and Debenture Stock

by Paul Frederick Simonson

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Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: CHAPTER III. THE PROSPECTUS. WHERE it is intended to raise money by an issue of debentures Bk. i., ch. in. or debenture stock of a company, the usual course is to issue Pros a prospectus inviting the public to apply at par or at a specified premium or discount (as the case may be) or to tender for such securities. Such prospectus() is brought to the notice of the public by circulating printed copies thereof together with a form of a letter of application() and attached thereto a banker's receipt for the deposit to be paid on the application for such securities(f) and frequently also by advertising such prospectus in the newspapers. Apart from the provisions in sections 9, 10 and n of the statements in Companies Act, 1900, the draftsman of a prospectus has merely rospec" to bear in mind, that the prospectus must not conceal any material fact or contain any misrepresentation or ambiguous statement as to any material fact.(/) Such a misrepresentation may, as will be seen hereafter, enable a person, who has applied for debentures or debenture stock relying on such misrepresentation and to whom debentures or debenture stock have been allotted, to rescind his contract,) or else may render the company(/) or its directors) liable in an action for deceit or else may make its directors liable in an action for breach of warranty(A) or liable under the provisions of the Directors' Liability Act, 1890 (53

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