CA Intermediate · Corporate and Other Laws · Prospectus and Allotment of Securities
Anita applied for shares in Lotus Retail Ltd. on the strength of its prospectus. Which of the following correctly describes a rule about applications and allotment of securities in a public offer under the Companies Act, 2013?
A person who makes an application for securities in a fictitious name, or induces allotment in such a name, is punishable under the Companies Act, 2013. The company cannot cure this by a later return, and commission and abridged prospectus requirements also remain mandatory.
- AA company may accept an application for shares in a fictitious name, provided it files a return later
- BA person who makes an application in a fictitious name to a company for acquiring securities is punishable under the ActCorrect
- CSecurities may be allotted to an applicant even where the application form is not accompanied by the abridged prospectus
- DThe company may pay any commission to anyone for subscribing, regardless of any limits or disclosure
Explanation
The Act punishes a person who makes an application in a fictitious name, or otherwise induces a company to allot securities to him in a fictitious name. Option A is wrong because such applications cannot be validated by a later return. Option C is wrong because the application form must be accompanied by the abridged prospectus. Option D is wrong because commission is allowed only within prescribed limits and subject to disclosure.
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