COMPANIES ACT, 1929 
589 
court, if satisfied that the omission to deliver the document was 
accidental or due to inadvertence or that it is just and equitable 
to grant relief, may make an order extending the time for the 
delivery of the document for such period as the court may think 
proper. 
Commissions and Discounts. 
43.—(x) It shall be lawful for a company to pay a commission ower to pay 
to any person in consideration of his subscribing or agreeing to misione and 
subscribe, whether absolutely or conditionally, for any shares in prohibition of 
the company, or procuring or agreeing to procure subscriptions, £3ment of all 
whether absolute or conditional, for any shares in the company ve discounts, 
if— ; 
the payment of the commission is authorised by the articles; 
and 
the commission paid or agreed to be paid does not exceed 
ten per cent. of the price at which the shares are issued or 
the amount or rate authorised by the articles, whichever 
is the less; and 
the amount or rate per cent. of the commission paid or 
agreed to be paid is— 
(i) in the case of shares offered to the public for 
subscription, disclosed in the prospectus; or 
(1) in the case of shares not offered to the public for 
subscription, disclosed in the statement in lieu of prospec- 
tus, or in a statement in the prescribed form signed in 
iike manner as a statment in lieu of prospectus and 
delivered before the payment of the commission to the 
registrar of companies for registration, and, where a 
circular or notice, not being a prospectus, inviting 
subscription for the shares is issued, also disclosed in 
that circular or notice; and 
the number of shares which persons have agreed for a 
commission to subscribe absolutely is disclosed in manner 
aforesaid. 
v 
(2) Save as aforesaid, no company shall apply any of its shares 
or capital money either directly or indirectly in payment of any 
commission, discount, or allowance, to any person in consideration 
of his subscribing or agreeing to subscribe, whether absolutely or 
conditionally, for any shares of the company, or procuring or agreeing 
to procure subscriptions, whether absolute or conditional, for any 
shares in the company, whether the shares or money be so applied 
by being added to the purchase money of any property acquired 
by the company or to the contract price of any work to be executed 
for the company, or the money be paid out of the nominal purchase 
money or contract price, or otherwise. 
(3) Nothing in this section shall affect the power of any com- 
pany to pay such brokerage as it has heretofore been lawiul for a 
companv to nav