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Section 97
Making Misleading Statements
A person shall be deemed to have committed any of the following acts with the intention of inducing any person to buy or sell securities:- (a) knowingly making or publishing any statement or preconceived statement that is false, misleading or incorrect, (b) maliciously Concealing facts or information, (c) maliciously making or publishing false or misleading statements, promises or presumptions.
Securities Act, 2063 (2007)
Preamble - 0
Chapter - 2
Section 3: Installation of boardSection 4: The Board shall be a self-governing and organized bodySection 5: Work, Duties and Powers of the BoardSection 6: Board meetings and decisionsSection 7: Appointment of ChairmanSection 8: Duties, Duties and Powers of the ChairmanSection 9: Remuneration, meeting allowances and other facilities of the chairman and membersSection 10: Qualification of chairman and memberSection 11: Disqualification of Chairman and MembersSection 12: Chairman and members are freedSection 13: Resignation of Chairman and MembersSection 14: Filling VacanciesSection 15: Actions will not be invalidatedSection 16: which may form committees or sub-committeesSection 17: Delegation of rightsSection 18: Information to be given regarding personal interestSection 19: Arrangements for accountants, consultants and staffSection 20: To take an oathSection 21: PrivacySection 22: Funding of the BoardSection 23: Arrangement of Akshaya KoshSection 24: Accounts of the BoardSection 25: Auditor and AuditSection 26: Annual Report
Chapter - 3
Section 27: Registration of SecuritiesSection 28: Sale and Transfer of SecuritiesSection 29: required to make public issue of securitiesSection 30: to publish prospectusSection 31: Approval of ProspectusSection 32: Things to be mentioned in the prospectusSection 33: AccountabilitySection 34: to be notified by the organized bodySection 35: In case of cancellation of listing, the compensation thereof
Chapter - 4
Section 36: to obtain a license to operate the securities marketSection 37: To apply for a license to operate a securities marketSection 38: Issuing a license to operate the securities marketSection 39: as the Board may prescribe conditionsSection 40: which may be refused a license to operate a securities marketSection 41: Minimum capital and financial resourcesSection 42: Duration and renewal of license to operate securities marketSection 43: to be traded in recognized securitiesSection 44: Management responsibility of the securities marketSection 45: Work, Duties and Rights of the Securities MarketSection 46: The securities market must informSection 47: The securities market must submit a reportSection 48: that the securities market can dictateSection 49: which can determine the limits of securities transactionsSection 50: to be paid by the securities marketSection 51: The stock market should assist the boardSection 52: Actions to be reportedSection 53: to be arranged by the securities market for compensation fundsSection 54: Provisions related to the operation of the compensation fundSection 55: The board may make arrangements related to compensation
Chapter - 5
Section 56: to obtain a license to conduct securities businessSection 57: To apply for a license to conduct securities businessSection 58: Issuing license to conduct securities businessSection 59: as the Board may prescribe conditionsSection 60: TheSection 61: Duration and renewal of license to carry on securities businessSection 62: Appointed to conduct securities business through subsidiary companySection 63: Types of Securities BusinessSection 64: REPRESENTATIVE NETWORK NOT GIVEN LICENSE TO DO SECURITIES BUSINESSSection 65: Official representativeSection 66: Rights of Securities DealersSection 67: Minimum capital and financial resources of the securities traderSection 68: to keep records of securities dealersSection 69: Official Representative's RecordSection 70: Information to be given
Chapter - 6
Section 71: Collective investment scheme not to be operated without approvalSection 72: Board to approve operation of collective investment schemeSection 73: Operation of collective investment schemesSection 74: Board may revoke approvalSection 75: Other arrangements relating to the operation of collective investment schemes
Chapter - 7
Section 76: Professional standardSection 77: Arrangements related to investor identification, purchase and sale orders, contract notes and money transactionsSection 78: Accounts to be kept by securities tradersSection 79: Except for theSection 80: Auditor to be appointedSection 81: Keeping the list of auditorsSection 82: Accounts and statements to be submittedSection 83: Listed auditors must report to the board
Chapter - 8
Section 84: Regulating and monitoringSection 85: capable of inspection and investigationSection 86: Information, data and details can be requestedSection 87: that can give orders or instructionsSection 88: which may suspend the licenseSection 89: which may revoke the permitSection 90: Special Powers of the Board
Chapter - 9
Section 91: Insider tradingSection 92: Persons who may be involved in insider tradingSection 93: Notice or information deemed to be publishedSection 94: Fraudulent TransactionsSection 95: Fluctuations in priceSection 96: Influencing the securities marketSection 97: Making Misleading StatementsSection 98: Fraudulent TransactionsSection 99: Securities should not be traded fraudulently or fraudulentlySection 100: If any document, statement or record is destroyed or hiddenSection 101: Penalty PunishmentSection 102: The Government of Nepal will be the plaintiffSection 103: Case study and scopeSection 104: the case can be investigated under imprisonment, house arrest or suspensionSection 105: Compensation to be paidSection 106: AppealSection 107: Remedy against Unfair BiasSection 108: Ineligible to be a director or general manager
Chapter - 10
Section 109: Provisions relating to the ownership or control of an organized bodySection 110: Shares certified by the securities market to be transferred should be registered by the organizationSection 111: Transfer of SecuritiesSection 112: Liaison with the Government of NepalSection 113: Government of Nepal may give instructionsSection 114: It will be the duty of all concerned to provide the assistance requested by the board to regulate and manage the securities transactions keeping in mind the development of theSection 115: Protection against acts done in good faithSection 116: Power to make rulesSection 117: able to make regulationsSection 118: Create directory and applySection 119: Consequences of the Securities Ordinance, 2062 being inoperative