MCQs · Q10
Q.A person who subscribes for shares on the faith of a prospectus containing an untrue statement, and who suffers a loss as a result, may claim compensation from the persons responsible for the prospectus. This is a matter of:
(A) Criminal liability under Section 34
(B) Civil liability under Section 35
(C) No liability, since the investor should have verified the facts independently
(D) Liability of the stock exchange alone
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Start your 14-day free trial to unlock the full solution →Section 35 gives a person who subscribed for securities on the faith of a prospectus containing an untrue statement, and who suffered loss as a result, the right to claim compensation from the company and every person responsible for the prospectus (directors, promoters, experts who authorised the statement) — unless that person proves a specific statutory defence (e.g. having withdrawn consent before issue, or reasonably believing the statement true up to allotment).
Option-by-option analysis:
- (A) Incorrect — Section 34 imposes criminal liability on the wrongdoers; it is not the investor's own compensation remedy. …
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