ACT 498
SECURITIES COMMISSION ACT 1993

PART IV - ISSUES OF SECURITIES AND TAKE-OVERS AND MERGERS
DIVISION 3 - PROSPECTUS



Section 35. Definitions.


In this Division and Divisions 4 and 5 of this Part, unless the contrary intention appears-

"approved company auditor" means a person approved by the Minister under subsection 8(2) of the Companies Act 1965 as a company auditor and whose approval has not been revoked;

"excluded invitation" or "excluded offer" means an invitation or offer which is specified in Schedule 2 or which is prescribed by the Minister to be an excluded invitation or excluded offer under paragraph 38(1) (b);

"excluded issue" means an issue which is specified in Schedule 3 or which is prescribed by the Minister to be an excluded issue under paragraph 39(1)(b) ;

"foreign company" [Deleted by Act A1149:s.4]

"listing requirements" has the same meaning as in the Securities Industry Act 1983;

"preliminary prospectus" means any document which is designed to assist an issuer in setting a price in respect of a proposed issue of, an offer for subscription or purchase of, or an invitation to subscribe for or purchase, securities or to determine the final contents of a prospectus;

"promoter" means-


who is a party to the preparation of the prospectus or any relevant portion thereof, but does not include any person by reason only of his acting in a professional capacity;

"prospectus" means a notice, circular, advertisement or document inviting applications or offers to subscribe for or purchase securities, or offering any securities for subscription or purchase and, unless expressly specified, includes a supplementary prospectus, shelf prospectus, short form prospectus, profile statement, supplementary shelf prospectus and abridged prospectus;

"related corporation", in relation to a corporation, means a corporation that is related to the first-mentioned corporation by virtue of section 6 of the Companies Act 1965;

"shelf prospectus" means a prospectus issued under a shelf registration scheme;

"shelf registration scheme" means a scheme applicable for the purpose of any issue of, offer for subscription or purchase of, or invitation to subscribe for or purchase, securities by an issuer based on a shelf prospectus and a supplementary shelf prospectus;

"supplementary shelf prospectus" means a document which provides material information necessary to update the information in a shelf prospectus subsequent to the registration of such shelf prospectus.
[Ins. Act A1074:s.9]


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