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Companies Act, 2008 (Act No. 71 of 2008)

Companies Regulations, 2011

Chapter 4 : Offerings of Company Securities

Part C : Items required to be included in a Prospectus

62. Commissions paid or payable in respect of underwriting

 

 

(1) In this regulation, "commission" includes, but is not limited to, an amount paid or payable to any sub-underwriter who is a promoter or director or officer of the company.

 

(2) Section 1, Paragraph 6 of every prospectus must state—
(a) the amount, nature and extent of the consideration, if any, paid within the preceding two years, or payable, as commission to any person for subscribing or agreeing to subscribe, or procuring or agreeing to procure, subscriptions for any securities of the company;
(b) the name, occupation and business address of each person to whom any commission has been paid or is payable, as contemplated in paragraph (a);
(c) particulars of the amounts underwritten or sub-underwritten by each person contemplated in paragraph (a);
(d) the rate of the commission payable in terms of any underwriting or sub-underwriting agreement with each person contemplated in paragraph (a); and
(e) if a person contemplated in paragraph (a) is a company—
(i) the names of the directors of that company; and
(ii) the nature and extent of any interest, direct or indirect, in that company of any promoter, director or officer of the company in respect of which the prospectus is issued.