Chapter 4: Public Offerings of Company Securities
Part None: None
s102: Consent to use of name in prospectus
- (1) In any prospectus relating to securities of a company a person must not:
- (a) name a second person as a director or proposed director of that company unless, before the registration of that prospectus;
- (i) in the case of a company incorporated in the Republic, the second person consented in writing to act as a director before the prospectus was filed, and has not withdrawn the consent; and
- (ii) the prescribed return reflecting the relevant particulars in regard to that second person has been filed; or
- (b) include any statement made by an expert, or reference to any statement purporting to be made by an expert, unless;
- (i) the expert consented in writing to the use of that statement before the prospectus was filed, and has not withdrawn the consent;
- (ii) the written consent is endorsed on or attached to the copy of the filed prospectus; and
- (iii) the prospectus includes a statement that the expert has consented to the use of the statement and has not withdrawn that consent.
- (2) A prospectus must not name any person as the auditor, attorney, banker or broker of a company, unless it is accompanied by the written consent of the named person, agreeing to:
- (a) be named to act in the stated capacity; and
- (b) the use of that person's name in the prospectus.
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