Cos 32 — Red herring prospectus

Companies Act, 2013

Statutory text

(1) A company proposing to make an offer of securities may issue a red herring prospectus prior to the issue of a prospectus.
(2) A company proposing to issue a red herring prospectus under sub-section (1) shall file it with the Registrar at least three days prior to the opening of the subscription list and the offer.
(3) A red herring prospectus shall carry the same obligations as are applicable to a prospectus and any variation  between  the  red  herring  prospectus  and  a  prospectus  shall  be  highlighted  as  variations  in  the prospectus.
(4) Upon the closing of the offer of securities under this section, the prospectus stating therein the total capital raised, whether by way of debt or share capital, and the closing price of the securities and any other details as are not included in the red herring prospectus shall be filed with the Registrar and the Securities and Exchange Board.
Explanation.—For  the  purposes  of  this  section,  the  expression “red  herring  prospectus” means  a prospectus which does not include complete particulars of the quantum or price of the securities included therein.

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