PROSPECTUS AND ALLOTMENT 51
(2) Where such a contract as above mentioned is not
reduced to writing, the company shall within one month after
the allotment deliver to the Registrar for registration the
prescribed particulars of the contract stamped with the same
stamp duty as would have been payable if the contract
had been reduced to writing, and those particulars shall be
deemed to be an instrument within the meaning of the
Stamp Act, 1891, and the Registrar may, as a condition of
filing the particulars, require that the duty payable thereon
be adjudicated under section twelve of that Act.

It will be noticed that not only has the contract with the
company under which the shares are allotted, fully or partly
paid up, to be filed, but also the contract constituting the
title of each allottee. As regards the statement of the con-
sideration, it appears that it will suffice if it is stated generally
(the nature of the consideration being disclosed), as was re-
quired to be done under section 25 of the Companies Act,
1867, repealed in 1900 [Frost & Co. (1899), 2 Ch. 207].

The Court is enabled to grant relief in certain cases of
omission to deliver to the Registrar any document required
by this section to be delivered. The relief may apparently
be granted in three cases, ¢.e. when the Court is satisfied
(1) that the omission to deliver was accidental, or (2) that
it was due to inadvertence, or (3) that it is just and equitable
to grant relief [s. 42 (3)].

It must be remembered that the omission to deliver the
contract or particulars does not render the allottee liable to
pay for the shares in cash, as was the case under s. 25 of the
Companies Act 1867 (repealed by s. 33 of the Act of 1900),
but only exposes the officers of the company to penalties,
so that the relief is merely against the penalties.

It will be convenient here to note that under the new Act
the Court is empowered to order the company and any
officer thereof to make good any default in filing any return
or other document with the Registrar within the time limited
by the order and that any order so made will be without
prejudice to any liability to penalties under any other section
(s. 315]. The company or any of its officers responsible for
the default may be ordered to bear the costs of the applica
tion to the Court for such an order.

A formal prospectus is always accompanied by appropriate Application
application forms. A form of application requires to be for Shares.
carefully prepared, and may have attached to it a form of
receipt for the application money, if it is desired to issue
a receipt. It is more usual, especially in the case of large
public issues, for the application forms to contain a footnote