Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Every prospectus
issued by or on behalf of a company, or in relation to any intended company,
shall be dated; and that date shall, unless the contrary be proved, be taken
as the date of publication of the prospectus.
(2) A copy of every
such prospectus, signed by every person who is named therein as a director or
proposed director of the company or by his agent authorised in writing, shall
be filed with the Registrar on or before the date of its publication, and no
such prospectus shall be issued until a copy thereof has been so filed.
(3) The Registrar
shall not accept any prospectus unless —
(a) it
is dated and signed in the manner required by this section; and
(b)
there are also lodged therewith for filing verified copies of all material
contracts, matters in regard to which are required by paragraph (13) of
Part A of section 47 to be stated in the prospectus.
(3a) The Registrar
shall not accept any prospectus —
(a)
unless the consent in writing thereto of the Minister has been first obtained,
if it appears to the Registrar that it is intended that any of the moneys that
may be received in pursuance of the prospectus are to be applied for the same
purpose as that specified in section 76(2) of the Housing Societies
Act 1976 ; or
(b) if
he is of opinion that the prospectus contains any statement or matter that is
misleading in the form or context in which it is included.
(4) The copy of every
material contract filed in accordance with subsection (3) may be
inspected in the office of the Registrar by any person on payment of the
prescribed fee and when the office is open for business.
(5) Every prospectus
shall state on the face of it that a copy has been filed as required by this
section.
(6) If default is made
in complying with any of the provisions of this section the company and every
person who is knowingly a party to the default shall, in the case of a
continuing default, be liable to a penalty not exceeding $10 for every day
during which the default continues, and in case of any other default to a
penalty not exceeding $50.
(7) The provisions of
section 47(8) are incorporated in this section as though they were set
out herein and expressly made applicable to the provisions of this section.
[Section 46 amended by No. 47 of 1949
s. 5; No. 113 of 1965 s. 8(1); No. 59 of 1976 s. 2;
No. 12 of 2001 s. 51.]