Under Section 40 (3) of the Companies Act, it is a criminal offence to issue any form of application for shares in or debentures of a company unless the form is issued with a prospectus which complies with the provisions of the Companies Act. In what circumstances may an application form be issued unaccompanied a prospectus?

If the form of application was issued:
 In connection with a bona fide invitation to a person to enter into an underwriting agreement with respect to the shares or debentures
In relation to shares or debentures which were not offered to the public
In relation to shares or debentures uniform with shares or debentures previously issued by
The company

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