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A company stated in its prospectus that it has been making profits since the last 5 years. However, Mr. X. an investor found out that two years back the company had not made any profit.

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Question

Study the following case/situation and express your opinion:

A company stated in its prospectus that it has been making profits since the last 5 years. However, Mr. X. an investor found out that two years back the company had not made any profit. The prospectus was filed with the ROC on 1 st Jan 2017 and was issued to the public on 10th Feb 2018.

a) Can Mr. X state that there was a misstatement in the prospectus?

b) If found guilty which two types of liability will the company and its officers face?

c) Can the prospectus be valid for issue to the public on 10th Feb 2018?

Short/Brief Note
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Solution

(a) Mr. X can state that there was a misstatement in the prospectus.
(b) If found guilty the company and its officers will face civil liability and criminal liability for misstatement in the prospectus.
(c) Prospectus cannot be valid for the issue to the public on 10th February 2018.

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Documents Related to Formation of a Company
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Chapter 4: Documents related to formation of a company - Exercise Q.3 [Page 65]

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Balbharati Secretarial Practice [English] Standard 11 Maharashtra State Board
Chapter 4 Documents related to formation of a company
Exercise Q.3 | Q 5 | Page 65

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