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Section 81: Defences to proceedings under section 80

Securities Act · PART V: OFFERS AND ISSUES OF SECURITIES

consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

81. Defences to proceedings under section 80 (1) In proceedings for an offence under section 80 in respect of a statement, it shall be a defence where the defendant proves that he— (a) made all inquiries that were reasonable in the circumstances; and (b) after doing so, believed on reasonable grounds that the statement was not misleading or deceptive. (2) In proceedings for an offence under section 80, in respect of omission of matter, it shall be a defence where the defendant proves that he— (a) made all inquiries that were reasonable in the circumstances; and (b) believed on reasonable grounds that there was no omission in respect of that matter from the prospectus. (3) Regulations made under this Act may prescribe additional defences to proceedings for an offence under section 80.

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