38Punishment for personation for acquisition, etc., of securitie
(1) Any person who--
(a) makes or abets making of an application in a fictitious name to a company for acquiring, or subscribing for, its securities; or
(b) makes or abets making of multiple applications to a company in different names or in different combinations of his name or surname for acquiring or subscribing for its securities; or
(c) otherwise induces directly or indirectly a company to allot, or register any transfer of, securities to him, or to any other person in a fictitious name,
shall be liable for action under section 447.
(2) The provisions of sub-section (1) shall be prominently reproduced in every prospectus issued by acompany and in every form of application for securities.
(3) Where a person has been convicted under this section, the Court may also order disgorgement of gain, if any, made by, and seizure and disposal of the securities in possession of, such person.
(4) The amount received through disgorgement or disposal of securities under subsection (3) shall becredited to the Investor Education and Protection Fund.
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- 23 Public offer and private placement
- 24 Power of Securities and Exchange Board to regulate issue and transfer of securities, etc
- 25 Document containing offer of securities for sale to be deemed prospectus
- 26 Matters to be stated in prospectus
- 27 Variation in terms of contract or objects in prospectus
- 28 Offer of sale of shares by certain members of company
- 29 Public offer of securities to be in dematerialised form
- 30 Advertisement of prospectus
- 31 Shelf prospectus
- 32 Red herring prospectus
- 33 Issue of application forms for securitie
- 34 Criminal liability for mis-statements in prospectus
- 35 Civil liability for mis-statements in prospectus
- 36 Punishment for fraudulently inducing persons to invest money
- 37 Action by affected persons
- 38 Punishment for personation for acquisition, etc., of securitie
- 39 Allotment of securities by company
- 40 Securities to be dealt with in stock exchanges
- 41 Global depository receipt