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Financial Services and Markets Act 2000

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[F1PassportingE+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1 Ss. 84-87R and cross-headings substituted for ss. 84-87 (1.7.2005) by The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(1), Sch. 1 para. 5

87HProspectus approved in another EEA StateE+W+S+N.I.

(1)A prospectus approved by the competent authority of an EEA State other than the United Kingdom is not an approved prospectus for the purposes of section 85 unless that authority has [F2notified ESMA and] provided the [F3FCA] with—

(a)a certificate of approval;

(b)a copy of the prospectus as approved; and

(c)if requested by the [F3FCA], a translation of the summary of the prospectus.

(2)A document is not a certificate of approval unless it states that the prospectus—

(a)has been drawn up in accordance with the prospectus directive; and

(b)has been approved, in accordance with that directive, by the competent authority providing the certificate.

(3)A document is not a certificate of approval unless it states whether (and, if so, why) the competent authority providing it authorised, in accordance with the prospectus directive, the omission from the prospectus of information which would otherwise have been required to be included.

[F4(3A)The [F5FCA] must publish on its website a list of certificates of approval provided to it in accordance with this section.

(3B)The list referred to in subsection (3A) must—

(a)be kept up-to-date,

(b)retain items on it for a period of at least 12 months, and

(c)include hyperlinks to any certificate of approval and prospectus published on the website of—

(i)the competent authority of the EEA State which provided the certificate,

(ii)the issuer, or

(iii)the regulated market where admission to trading is sought.]

(4)Prospectus” includes a supplementary prospectus.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F3Word in s. 87H(1) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), ss. 16(9)(a), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F5Word in s. 87H(3A) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), ss. 16(9)(b), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

87IProvision of information to host Member StateE+W+S+N.I.

(1) The [F6FCA] must, if requested to do so, supply the competent authority of a specified EEA State with—

(a)a certificate of approval;

(b)a copy of the specified prospectus (as approved by the [F7FCA]); and

(c)a translation of the summary of the specified prospectus (if the request states that one has been requested by the F8... competent authority).

[F9(1A) If the [F10FCA] supplies a certificate of approval to the competent authority of the specified EEA State, it must also supply a copy of that certificate [F11 to—

(a)the person who made the request under this section; and

(b)ESMA]]

(2)Only the following may make a request under this section—

(a)the issuer of the transferable securities to which the specified prospectus relates;

(b) a person who wishes to offer the transferable securities to which the specified prospectus relates to the public in an EEA State other than (or as well as) the United Kingdom;

(c) a person requesting the admission of the transferable securities to which the specified prospectus relates to a regulated market situated or operating in an EEA State other than (or as well as) the United Kingdom.

(3)A certificate of approval must state that the prospectus—

(a)has been drawn up in accordance with this Part and the prospectus directive; and

(b)has been approved, in accordance with those provisions, by the [F12FCA].

(4)A certificate of approval must state whether (and, if so, why) the [F12FCA] authorised, in accordance with section 87B, the omission from the prospectus of information which would otherwise have been required to be included.

(5)The [F12FCA] must comply with a request under this section—

(a)if the prospectus has been approved before the request is made, within 3 working days beginning with [F13 the date the request is received]; or

(b)if the request is submitted with an application for the approval of the prospectus, on the first working day after the date on which it approves the prospectus.

(6)Prospectus” includes a supplementary prospectus.

(7)Specified” means specified in a request made for the purposes of this section.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6Word in s. 87I(1) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), ss. 16(10)(a)(i), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F7Word in s. 87I(1)(b) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), ss. 16(10)(a)(ii), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F8Word in s. 87I(1)(c) omitted (24.1.2013 for specified purposes) by virtue of Financial Services Act 2012 (c. 21), ss. 16(10)(a)(iii), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F10Word in s. 87I(1A) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), ss. 16(10)(b), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F11Words in s. 87I(1A) substituted (1.7.2012) by The Prospectus Regulations 2012 (S.I. 2012/1538), regs. 1(1), 6(a)

F12Word in s. 87I(3)-(5) substituted (24.1.2013 for specified purposes) by Financial Services Act 2012 (c. 21), ss. 16(10)(c), 122(3) (with Sch. 20); S.I. 2013/113, art. 2(1)(c), Sch. Pt. 3

F13Words in s. 87I(5)(a) substituted (1.7.2012) by The Prospectus Regulations 2012 (S.I. 2012/1538), regs. 1(1), 6(b)

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