Meaning Of "Public":
For the purposes of the prospectus issue the word "public" is declared by S.57 (1) to include "any section of the public, whether selected as members or debenture holders of the company concerned or as clients of the person issuing the prospectus or in any other manner."
In Re: South of England Natural Gas Co. Ltd (40) it was held that a document inviting applications for shares in certain gas companies was an offer to the public even though it was marked "for private circulation only." Conversely, a "circular" through which a company offered to acquire the shares of another company in exchange for its own shares was held not to be a "prospectus" within the statutory definition: Government Stock and other Securities Investment Co. Ltd v Christopher (41).