Question
Alpha Tech Ltd. filed a Shelf Prospectus on April 1,
2026, for a series of debenture issues over the next year. On August 15, 2026, the company created a new floating charge on its assets to secure a bank loan. Before launching its second offer of debentures in October 2026, the company must comply with which of the following requirements under Section 31? I) It must file a fresh Red Herring Prospectus because a new charge constitutes a material change. II) It must file an Information Memorandum with the Registrar within the prescribed time prior to the second offer. III) It must issue an Abridged Prospectus specifically highlighting the new charge to all existing debenture holders. IV) If an investor had already applied for securities before the change was notified, the company must refund the money within 15 days if the investor desires to withdraw.Solution
Under Section 31(2), A company filing a shelf prospectus shall be required to file an information memorandum containing all material facts relating to new charges created, changes in the financial position of the company as have occurred between the first offer of securities or the previous offer of securities and the succeeding offer of securities and such other changes as may be prescribed, with the Registrar within the prescribed time, prior to the issue of a second or subsequent offer of securities under the shelf prospectus Provided that where a company or any other person has received applications for the allotment of securities along with advance payments of subscription before the making of any such change, the company or other person shall intimate the changes to such applicants and if they express a desire to withdraw their application, the company or other person shall refund all the monies received as subscription within fifteen days thereof.
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