Legal Analysis of Prospectus in Securities and Exchange Market

Prospectus is an important document at the securities and exchange market activities that have several functions. It should be considered as a complementary document of corporate statute and as well as one of the stock and exchange market regulation that was approved by both stock exchanges organization and financial market supervisory. Financial market supervisory, Bourse, some financial institutions, issuers, and investors make the prospectus the source of numerous rights and duties that give it a special nature that is came because of relation between prospectus and those other organizations of stock exchange market. At this article the legal functions of prospectus regarding the securities and exchange market actors will be reviewed. In view of above, the nature of this issue, legal status, its features and its value added to be mentioned. Prospectus has the joint features of document (deed) and regulation So it led to some affects in terms of public and private law that these rights and commitments to form a variety of relations between actors. The prospectus reduces the possibility of investors being misled and harmed and covers the investor's risk and the responsibility of the investment service provider or issuers and their managers. While prospectus can be considered as a consequence of the corporate’s statute, because the type of commitment in it is an obligation and responsibility not a debt - in a specific concept that is in the Islamic jurisprudence or contract law. Thus, it is necessary the other features to be consider for it and to be interpreted beyond of a contractual relation. first, its effect will be determined by contents and rules governing it. Second, it has legal responsibility and liability disciplinary that the kind of these responsibilities depends on subject and process of setting of the prospectus.