Financial Services and Markets Act 2000

Section 87(5).

SCHEDULE 9 Non-listing Prospectuses

General application of Part VI

1 The provisions of Part VI apply in relation to a non-listing prospectus as they apply in relation to listing particulars but with the modifications made by this Schedule.

References to listing particulars

2 (1) Any reference to listing particulars is to be read as a reference to a prospectus.

(2) Any reference to supplementary listing particulars is to be read as a reference to a supplementary prospectus.

General duty of disclosure

3 (1) In section 80(1), for “section 79” substitute “section 87”.

(2) In section 80(2), omit “as a condition of the admission of the securities to the official list”.

Supplementary prospectuses

4 In section 81(1), for “section 79 and before the commencement of dealings in the securities concerned following their admission to the official list” substitute “section 87 and before the end of the period during which the offer to which the prospectus relates remains open”.

Exemption from liability for compensation

5 (1) In paragraphs 1(3) and 2(3) of Schedule 10, for paragraph (d) substitute—

“(d) the securities were acquired after such a lapse of time that he ought in the circumstances to be reasonably excused and, if the securities are dealt in on an approved exchange, he continued in that belief until after the commencement of dealings in the securities on that exchange.”

(2) After paragraph 8 of that Schedule, insert—

“Meaning of “approved exchange”

9 “Approved exchange” has such meaning as may be prescribed.”

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6 In section 98(1), for “If listing particulars are, or are to be, published in connection with an application for listing,” substitute “If a prospectus is, or is to be, published in connection with an application for approval, then, until the end of the period during which the offer to which the prospectus relates remains open,”.

Fees

7 Listing rules made under section 99 may require the payment of fees to the competent authority in respect of a prospectus submitted for approval under section 87.