Business and Corporations LawASIC v Narain [2008] FCAFC 120
Introduction•In ASIC v Narain case, the ASIC claimed that the corporation had made a misleading and deceptive announcement to the ASX.•ASIC claimed that along with the company, its managing director and CEO, Mr Narain is liable under section 1041H.•The Full Federal Court provided a judgment that the managing director is liable for breaching section 1041H and 180 of the Corporations Act 2001 (Cth).
Facts of the Case•On 27th September 2005, Citrofresh International Limited (CIL) announced on ASX through a letter that it has found a way to cure and prevent HIV and the common cold (ASIC, 2008).•ASIC filed a suit against the corporation and Mr Narain for making a misleading or deceptive announcement.•Mr Narain was involved in drafting and processing of the letter even though the company secretary issued it.
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