Article 40 is replaced as follows:

"Statements about future matters

(1) A person is taken to make a misleading statement about a future matter, whether by himself or his agent, if at the time of making the statement he did not have reasonable grounds for making the statement or causing it to be made.
(2) The onus for proving that reasonable grounds existed for the purposes of Article 40(1) is on the person who made the statement."