| 1) | No person shall issue, distribute or deliver or cause to be issued, distributed or delivered, any form of application in respect of shares of a company, unless the form- |
| a) | is attached to a prospectus a copy of which has been registered in the Companies Registration Office; and |
| b) | bears on the face of it the date of registration of the prospectus: |
| c) | [Paragraph (c) deleted by section 9 (b) of Act No. 64 of 1977] |
Provided that this subsection shall not apply if it is shown that the form of application was issued either—
| i) | in connection with a bona fide invitation to enter into an underwriting agreement with respect to the shares; or |
| ii) | in relation to shares which were not offered to the public. |
| a) | contravenes subsection (1)(a); or |
| b) | contravenes subsection (1)(b), |
he shall be guilty of an offence.
