问题 问答题

In relation to the Securities Law of China:

(d) explain the situation in which the underwriting with best efforts shall be deemed as a failure, and explain the statutory obligations of the issuer. (4 marks)

答案

参考答案:

In accordance with Article CE of the Securities Law, where the securities are underwritten in a form of underwriting with best efforts and at the expiry of the period for underwriting, it shall be a failure in issuance if the number of securities sold to the investors is under G0% of the quantity of the securities intended to be issued publicly. Under such circumstances the issuer shall refund to the subscribers the money at the issuing price plus a bank deposit interest for the same period.

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