(1)No person shall issue, circulate or distribute in India any prospectus offering to subscribe for securities of a company incorporated or to be incorporated outside India, whether the company has or has not established, or when formed will or will not establish, a place of business in India, unless the prospectus is dated and signed, and—(a)contains particulars with respect to the following matters, namely:—(i)the instrument constituting or defining the constitution of the company;(ii)the enactments or provisions by or under which the incorporation of the company was effected;(iii)address in India where the said instrument, enactments or provisions, or copies thereof, and if the same are not in the English language, a certified translation thereof in the English language can be inspected;(iv)the date on which and the country in which the company would be or was incorporated; and(v)whether the company has established a place of business in India and, if so, the address of its principal office in India; and(b)states the matters specified under section 26:Provided that sub-clauses (i), (ii) and (iii) of clause (a) of this sub-section shall not apply in the case of a prospectus issued more than two years after the date at which the company is entitled to commence business.
