Companies Act, 1956
Sec 60A - Shelf
Prospectus
(1) Any public financial institution, public
sector bank or scheduled bank whose main object is financing shall file a shelf
prospectus.
(2) A company filing a shelf prospectus with
the Registrar shall not be required to file prospectus afresh at every stage of
offer of securities by it within a period of validity of such shelf prospectus.
(3) A company filing a shelf prospectus shall
be required to file an information memorandum on all material facts relating to
new charges created, changes in the financial position as have occurred between
the first offer of securities, previous offer of securities and the succeeding
offer of securities within such time as may be prescribed by the Central
Government, prior to making of a second or subsequent offer of securities under
the shelf prospectus.
(4) An information memorandum shall be issued
to the public along with shelf prospectus filed at the stage of the first offer
of securities and such prospectus shall be valid for a period of one year from
the date of opening of the first issue of securities under that prospectus :
Provided that where an update of information
memorandum is filed every time an offer of securities is made, such memorandum
together with the shelf prospectus shall constitute the prospectus.
Explanation.
- For the purpose of this section, -
(a) "financing" means making loans
to or subscribing in the capital of, a private industrial enterprise engaged in
infra-structural financing or, such other company as the Central Government may
notify in this behalf;
(b) "shelf prospectus" means a
prospectus issued by any financial institution or bank for one or more issues
of the securities or class of securities specified in that prospectus.