As per Section 25 of Indian Companies Act 2013 all documents containing offer of sale of securities for sale to be deemed prospectus Provision in the Indian Companies Act 2013 regarding Prospectus and deemed prospectus is as under.
(1) Where a company allots or agrees to allot any securities of the
company with a view to all or any of those securities being offered
for sale to the public, any document by which the offer for sale to
the public is made shall, for all purposes, be deemed to be a
prospectus issued by the company; and all enactments and rules of
law as to the contents of prospectus and as to liability in respect
of mis-statements, in and omissions from, prospectus, or otherwise
relating to prospectus, shall apply with the modifications specified
in subsections (3) and (4) and shall have effect accordingly, as if
the securities had been offered to the public for subscription and
as if persons accepting the offer in respect of any securities were
subscribers for those securities, but without prejudice to the
liability, if any, of the persons by whom the offer is made in
respect of mis-statements contained in the document or otherwise in
respect thereof.
(2) For the purposes of this Act, it shall, unless the contrary is
proved, be evidence that an allotment of, or an agreement to allot,
securities was made with a view to the securities being offered for
sale to the public if it is shown--
(a) that an offer of the securities or of any of them for sale to
the public was made within six months after the allotment or
agreement to allot; or
(b) that at the date when the offer was made, the whole
consideration to be received by the company in respect of the
securities had not been received by it.
(3) Section 26 as applied by this section shall have effect as if--
(i) it required a prospectus to state in addition to the matters
required by that section to be stated in a prospectus
(a) the net amount of the consideration received or to be received
by the company in respect of the securities to which the offer
relates; and
(b) the time and place at which the contract where under the said
securities have been or are to be allotted may be inspected;
(ii) the persons making the offer were persons named in a prospectus
as directors of a company.
(4) Where a person making an offer to which this section relates is
a company or a firm, it shall be sufficient if the document referred
to in sub-section (1) is signed on behalf of the company or firm by
two directors of the company or by not less than one-half of the
partners in the firm, as the case may be.
How to execute bills of exchange etc Section 22 of Indian Companies Act 2013
Public offer of securities should be in dematerialized form. Section 29 of Indian Companies Act 2013
What is the punishment for personation etc of securities Section 38 of Indian Companies Act 2013
How to allot securities by Company What the is process Section 39 of Indian Companies Act 2013