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← Securities Commission Act 1993

Securities Commission Act 1993 s 57

Securities Commission Act 1993 s 57

Some sections could not be extracted from the official PDF, so this text may be incomplete.

s 57 Right to recover for loss or damage resulting from false or misleading statement in prospectus, etc.

(1) A person who acquires, subscribes for or purchases securities and suffers loss or damage as a result of any statement or information contained in a prospectus that is false or misleading, or any statement or information contained in a prospectus from which there is a material omission, may recover the amount of loss or damage from all or any of the persons set out in paragraphs (a), (b), (c), (d), (e) and (f) and to the extent provided for— (a) the issuer and each director of the issuer at the time of the issue of the prospectus, for any loss or damage; (b) a person who consented or caused himself to be named and is named in the prospectus as a director or as having agreed to become a director, either immediately or after an interval of time, for any loss or damage; (c) a promoter, for any loss or damage arising from the prospectus or any relevant portion of the prospectus in respect of which he was a party to the preparation thereof; (d) a principal adviser, for any loss or damage; (e) a person named in the prospectus with his consent as having made a statement that is included in the prospectus or on which a statement made in the prospectus is based, for any loss or damage caused by the inclusion of the statement in the prospectus; (f) a person named in the prospectus with his consent as a stockbroker, sharebroker, underwriter, auditor, banker or advocate of the issuer in relation to the issue of, offer for subscription or purchase of, or invitation to subscribe for or purchase, securities, and who has made a statement that is included in the prospectus or on which a statement made in the prospectus is based, for any loss or damage caused by the inclusion of the statement in the prospectus; or (g) a person who authorized or caused the issue of a prospectus in contravention of section 55, for any loss or damage caused by such contravention. (2) For the purposes of paragraphs (1)(a) and (l)(b), a director referred to therein shall include any person by whom the issue of, offer for subscription or purchase of, or invitation to subscribe for or purchase, securities is made. (3) For the purpose of paragraph (l)(f), an underwriter shall not include a sub-underwriter.

Read this section in the full act → · Open Part IV →

Find Act 498 on lom.agc.gov.my ↗

Text as at 1 January 2006 (LOM reprint); amendments made after that date may not be incorporated.

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

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