COMPANIES ACT 1963 – SECT 363 Provisions as to expert’s consent and allotment.

363.—(1) It shall not be lawful for any person to issue, circulate or distribute in the State any prospectus offering for subscription shares in or debentures of a company incorporated or to be incorporated outside the State, whether the company has or has not established, or when formed will or will not establish, a place of business in the State—

( a ) if, where the prospectus includes a statement purporting to be made by an expert, he has not given, or has before delivery of the prospectus for registration withdrawn, his written consent to the issue of the prospectus with the statement included in the form and context in which it is included, or there does not appear in the prospectus a statement that he has given and has not withdrawn his consent as aforesaid; and

( b ) if the prospectus does not have the effect, where an application is made in pursuance thereof, of rendering all persons concerned bound by provisions corresponding to the provisions (other than penal provisions) of sections 56 and 57 so far as applicable.

(2) In this section, “expert” includes engineer, valuer, accountant and any other person whose profession gives authority to a statement made by him, and for the purposes of this section, a statement shall be deemed to be included in a prospectus if it is contained therein or in any report or memorandum appearing on the face thereof or by reference incorporated therein or issued therewith.