Rule 17
To Submit An Application For The Registration Of Securities
(1) Any
Corporate Body shall, for the purpose of Section 7F of the Act in order
to register the Securities, submit an application to the Board in format of
Schedule-4. Along with the application to be submitted in such a manner
the fee to be paid for the registration of Securities in accordance to
Schedule-5 shall have to be enclosed as well.
(2) The concerned Corporate Body shall enclose the following
Statements and documents along with the application to be submitted
pursuant to sub-section (1).
(a) Memorandum and Article of Association of Corporate
Body.
(b) If the Corporate Body is incorporated under any Act, the
Rules, Bye-laws, and statement made under that Act.
(c) Description of movable and immovable properties.
(d) Types, number and amount of printed value and time limit
of Securities issued or to be issued and if arrangement of
specific right has been made in relation to any Securities,
such matters.
15 (d1) If the Securities to be issued are debentures of bonds, the
reason and rational for such issuance of debentures or
bonds and the decision in respect thereof made by the
Board of Directors of the Corporate Body, and the
statements of major acts to be carried out from the amount
to be raised by such issuance debentures or bonds.
16 (d2) If the Securities to be issued are the certificates of unit
saving scheme and collective saving scheme, statements of
the power of issuing such certificates and the legal status,
trust deeds or deeds of contract, targeted group of such
scheme and policy relating to the investment of such
scheme, system of the distribution of economic profit,
provision relating to the expenditure deduction, provision
relating to purchasing, selling and transfer of the Securities
and other provisions to be made for operating such scheme
and providing investment management service.
15 Inserted by First Amendment.
16 Inserted by First Amendment.
(e) Other terms and conditions and the facilities of the
issuance of Securities.
(f) If the Securities are to be issued in premium and discount,
the reason and rational for issuance.
(g) In case the value among the Securities issued before and to
be issued at present is differed, the reason and rational to
be differed.
(h) In case Securities have issued earlier, types, number
amount of such Securities and statements in relation to the
Transaction carried out within past Three Years.
(i) The arrangement made or to be made relating to issuance
and sales management, and guarantee of the Securities
which are going to be issued.
(j) The arrangement made in relation to the distribution of
profit or bonus.
(k) The arrangement relating to the representation to the
Board of Directors, if the Securities are shares.
(l) If it is audited, the statements of profit and loss of past
Three years and the projected profit and loss account of
coming three years and balance-sheet name and address of
the Auditor.
(m) If the Corporate Body is newly incorporated, the report of
the feasibility study and name and address of the expert
who have prepared such report, and the statement of
projected profit and loss, and balance-sheet of coming
three years.
(n) Name, surname of the promoter shareholders, the number
of shares to be taken by them and mode of payment of the
amount and if the arrangement is made as to be
represented to the Board of Directors from shareholders,
such arrangements.
17 (n1) If a promoter shareholder remained as a promoter having
ownership of ten percent or more shares is a Corporate
Body, registration certificate of such Corporate Body,
Memorandum and Article of Association, statements of
Transaction and statements of audited profit and loss
account of the last year, balance-sheet and the copy of the
decision made by the Board of Directors of such Corporate
Body regarding the incorporation of a new Corporate
Body.
(o) Name and surname of the Board of Directors, Manager
and Chief Officer and their functions, duties, and powers.
(p) Name surname and qualification of the person who have
prepared the Memorandum, Article of Association and
statements.
(q) If any agreements have been made in relation to provide
the management or other services, such matters.
(r) Other necessary matters as prescribed by the Board.
(s) Other financial statements as prescribed by the Board.
18 (3) The statements and documents to be submitted by the Board
of the Corporate Body pursuant to sub-rule (2) shall be submitted having
certified from at least two Directors, the Directors so certifying the
17 Inserted by First Amendment.
18 Inserted by First Amendment.
statements and documents shall be responsible personally as well as
collectively for the acts they have certified.