PART IIShare Capital and Debentures.

Prospectus.

42Restriction on alteration of terms mentioned in prospectus or statement in lieu of prospectus.

(1)

A company limited by shares or a company limited by guarantee and having a share capital shall not previously to the statutory meeting vary the terms of a contract referred to in the prospectus, or statement in lieu of prospectus, except subject to the approval of the statutory meeting.

(2)

This section shall not apply to a private company.