Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p32
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 79961–82601

company and is of the nature of a specialty debt.
"(3) A member of a company, unless either before or after the alteration is made he agrees in writing to be bound by it, is not bound by an alteration of the memorandum or articles made after the date on which he became a member so far as the alteration—
     (a) requires him to take or subscribe for more shares than the number held by him at the date of the alteration;
     (b) in any way increases his liability as at the date of the alteration to contribute to the share capital of, or otherwise to pay money to, the company; or
     (c) increases, or imposes, restrictions on the right to transfer the shares held by him at the date of the alteration.
"(4) Sub-section (3) does not apply in relation to an alteration of the memorandum or articles of a public company having a share capital (other than a no liability company) if the alteration—
     (a) is made by virtue of a special resolution of the kind referred to in sub-section 70 (1); and
     (b) is necessary to impose the restrictions, limitations and prohibitions referred to in sub-section 34 (1).
"(5) In this section, 'officer', in relation to a company, means a director, the principal executive officer or a secretary of the company.".

Contents of prospectuses
53. Section 98 of the Principal Act is amended—
     (a) by inserting in sub-sub-paragraph (1) (d) (i) (b) "brokerage or" before "commission"; and

     (b) by omitting paragraph (1) (l) and substituting the following paragraph:
          "(ka) shall state whether or not application has been, or is proposed to be, made for permission for the shares or debentures to which the prospectus relates to be listed for quotation on a stock market of a securities exchange and, if application for such permission has been, or is proposed to be, made, shall specify each securities exchange to which application for such permission has been, or is proposed to be, made;".

Certain notices, &c., not to be published
54. Section 99 of the Principal Act is amended by omitting sub-paragraph (4) (a) (v) and substituting the following sub-paragraph:
     "(v) in relation to each person who is a broker or underwriter to the issue—the name and address of the person and the name of each securities exchange of which the person is a member;".

Application and interpretation
55. Section 134 of the Principal Act is amended by adding at the end the following sub-section:
"(6) In determining, for the purposes of a provision of this Division, whether or not a person's contravention of such a provision was due to the person's inadvertence or mistake or to the person